Chapter 14.10
CLEARING AND GRADING
Sections:
14.10.020 Review threshold established.
14.10.030 Clearing and grading activity requiring approval—Permit required.
14.10.060 Relationship to other codes, regulations, and practices.
14.10.090 Permit application—Process and submittal requirements.
14.10.100 Conditions of approval/project denial.
14.10.110 Expiration of applications and permits.
14.10.140 Financial assurance of performance.
14.10.150 Application and plan review fees.
14.10.160 Responsibility to have permit.
14.10.010 Applicability.
All clearing and grading activity within the city of Ilwaco shall be subject to the provisions of this chapter. No clearing and grading approval shall be issued by the city prior to the applicant’s meeting the submittal requirements as set forth in these regulations and only when in compliance with federal, state, and local regulations. (Ord. 918 § 1, 2021)
14.10.020 Review threshold established.
The city has determined that there is a threshold of clearing and grading activity where the likelihood of impact to land and resources is sufficiently high to require permit review and approval of the activity by the planner prior to commencement. Threshold criteria contained in Sections 14.10.030 and 14.10.040 shall be applied. (Ord. 918 § 1, 2021)
14.10.030 Clearing and grading activity requiring approval—Permit required.
Clearing and grading approval is required for any project involving any of the following:
A. Any clearing, filling, excavation, or grading in a protected area, critical area, or critical area buffer.
B. Clearing and grading of two thousand (2,000) square feet or greater.
C. Fill and/or excavation of fifty (50) cubic yards or more, even if excavated material is used as fill on the same site.
D. Clearing or grading that will likely penetrate the groundwater table, including the construction of ponds and reservoirs.
E. An excavation which is more than four (4) feet in depth, or two (2) feet in depth if within ten (10) feet of a property line, or which creates a cut slope greater than four (4) feet in height and steeper than one and one-half (1 1/2) units horizontal in one (1) unit vertical (1.5:1).
F. Any regrading or paving of an area used for stormwater retention or detention or as an existing drainage course.
G. Rockeries over four (4) feet in height as measured from the bottom of the base rock or block.
H. The cutting down or topping by more than one quarter (1/4) of any trees that are required to be preserved by a city code, plat condition, or other requirement. (Ord. 918 § 1, 2021)
14.10.040 Exemptions.
A. Forest practices regulated under Chapter 76.09 RCW are not governed by this chapter. Activities involving conversion of land to uses other than commercial timber production are subject to city clearing and grading or land disturbance regulations.
B. Clearing and grading approval is not required for any of the following activities; provided, that clearing and grading activity authorized to be undertaken without a formal approval shall be subject to the minimum requirements contained in Section 14.10.030:
1. Activity needed to place building foundations and retaining walls requiring an approval when in compliance with the Washington State Building Code. The state building code is the International Building Code with amendments adopted by Washington State.
2. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as toxic releases, flooding, or high fire danger that present an immediate danger to life or property.
3. Digging of individual graves in a permitted graveyard.
4. Refuse disposal site controlled by other regulations.
5. Mining, quarrying, excavation, processing, or stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
6. Agricultural crop management of existing and ongoing farmed areas as defined per RCW 84.34.020.
7. Routine landscape maintenance of existing landscaped areas on developed lots, including pruning, weeding, planting annuals, and other activities associated with maintaining an already established landscape. For lots developed prior to the adoption of the city of Ilwaco critical areas regulations (Chapter 15.18) while landscaping in what are now protected areas, routine landscape maintenance can occur without a clearing and grading permit provided the soil level has not changed.
8. Routine drainage maintenance of existing constructed stormwater drainage facilities located outside of a protected area, including, but not limited to, detention/retention ponds, wet ponds, sediment ponds, constructed drainage swales, water quality treatment facilities, such as filtration systems, and regional storm facilities that are necessary to preserve the water quality treatment and flow control functions of the facility. This exemption does not apply to any expansion and/or modification to already excavated and constructed stormwater drainage facilities.
9. Roadway repairs and overlays within public street rights-of-way for the purpose of maintaining the pavement on existing paved roadways. This exemption does not apply to curbs, gutters, sidewalks, utilities, new traffic calming devices, new roadways, or the widening of the paved surface of existing roadways.
10. The removal of dead trees or of diseased or damaged trees which constitute a hazard to life or property.
C. An exemption from a clearing and grading permit does not exempt the person doing the work from meeting all applicable codes of the city. (Ord. 918 § 1, 2021)
14.10.050 Authority.
A. As provided herein, the planner is given the authority to interpret and apply, and the responsibility to enforce, this chapter to accomplish the stated purpose.
B. The planner may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this chapter. (Ord. 918 § 1, 2021)
14.10.060 Relationship to other codes, regulations, and practices.
A. These clearing and grading regulations shall apply in addition to zoning and other regulations adopted by the city of Ilwaco.
B. These clearing and grading regulations shall comply with GMA requirements under the city development regulations which preclude land uses or development deemed incompatible with critical areas per RCW 36.70A.172.
C. In order to be in compliance with the provisions of this chapter, the applicant shall comply with the applicable engineering standards as approved by the city engineer. In addition, the applicant shall comply with those minimum requirements for temporary erosion and sedimentation control and associated best management practices set forth in the latest edition of Department of Ecology’s Stormwater Management Manual for Western Washington, or an approved equivalent manual.
D. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required. The responsibility for determining the existence and application of these requirements rests solely with the applicant; provided, that to the extent known, the planner will inform the applicant of other agency requirements or permits that may apply to a site (for example, shoreline substantial development permits, critical areas, Hydraulic Project Approval permits, Section 106 of the National Historic Preservations Act, U.S. Army Corps of Engineers Section 404 permits, and National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in these regulations.
E. It is encouraged that, where appropriate, all clearing and grading activities within the city utilize principles of low impact development (LID) to reduce site impacts created by clearing and grading for land development. (Ord. 918 § 1, 2021)
14.10.070 Severability.
If any provision of this chapter, or its application to any person or circumstance, is found to be invalid for any reason, the remainder of this chapter or its application to any other person or circumstance shall not be affected. (Ord. 918 § 1, 2021)
14.10.080 Definitions.
“Applicant” means the individual, partnership, association, or corporation applying for a permit to do work under this chapter, including the property owner, and any employee, agent, consultant, or contractor acting on behalf of the applicant, and any successor in interest.
“Best management or development practices” (BM/DPs), or “best management practices” (BMPs) means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.
“Bioretention” means on-lot retention of stormwater through the use of vegetated depressions engineered to collect, store, and infiltrate runoff.
“Buffer” or “buffer zone” means the zone contiguous with a sensitive area that is required for the continued maintenance, function, and structural stability of the sensitive area. The critical functions of a riparian buffer (those associated with an aquatic system) include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, interception of line sediments, overflow during high water events, protection from disturbance by humans and domestic animals, maintenance of wildlife habitat, and room for variation of aquatic system boundaries over time due to hydrologic or climatic effects. The critical functions of terrestrial buffers include protection of slope stability, attenuation of surface water flows from stormwater runoff and precipitation, and erosion control.
“Building site” shall have the meaning set forth in the Ilwaco Municipal Code, now or as hereafter amended.
“Certified erosion control specialist” shall mean an individual who has received training and is currently certified through an approved program to install, inspect, and maintain erosion and sediment control best management practices.
“Clean Water Act (CWA)” means the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; and U.S.C. 1251 et seq.
“Clearing” shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods resulting in exposed soils.
“Clearing activity” means clearing that takes place on a single parcel of record or as part of a single project. A clearing activity will be considered to be complete when the site has been fully converted to its intended use and soil stabilization has been achieved through permanent measures.
“Clearing and grading permit” shall mean the written permission of the director to the permittee to proceed with the act of clearing and grading within the provisions of this chapter. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself.
“Cluster development” means buildings concentrated in specific areas to minimize infrastructure and development costs while achieving the allowable density. This approach allows the preservation of natural open space for recreation, common open space, and preservation of environmentally sensitive features.
“Colluvium” or “colluvial deposits” means a soil deposit derived from downslope movement of material from other soil formations as the result of one (1) or more small earth slides. These deposits are typically found on steep hillsides or at the base of slopes.
“Conversion Option Harvest Plan (COHP)” means a voluntary plan developed by the landowner and approved by the city prior to submittal to the Washington State Department of Natural Resources (DNR), indicating the limits of harvest areas, road locations, critical area buffers, and open space. The plan provides the landowner with the opportunity to log under a DNR Class II, III, or IV special permit without a city development permit while maintaining the option to convert the land at a later date. Under this condition, the imposition of a six (6) year moratorium on future development may be waived.
“Critical area” shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 15.18.
“Degradation” means degradation of an area including, but not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise.
“Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities, or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)
“Detention” means the temporary storage of stormwater to control discharge rates, allow for infiltration, and improve water quality.
“Development” shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval.
“Drainage plan” means a plan for receiving, handling, and transporting surface water or groundwater runoff within the site.
“Drip line boundary” means the circle that can be drawn on the ground below a tree directly under its outermost branch tips.
“Dry season” shall mean the months of May through September.
“Dry well” is defined as small excavated trenches filled with stone to control and infiltrate rooftop runoff.
“Ecology” means the Washington State Department of Ecology.
“Engineered fill” means soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of twelve (12) inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer.
“EPA” means the Environmental Protection Agency.
“Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, the detachment and movement of soil or rock fragments by water, wind, ice, or gravity. The following terms are used to describe different types of water erosion:
1. “Accelerated erosion” means erosion much more rapid than normal or geologic erosion, primarily as a result of the influence of the activities of humans or, in some cases, of the animals or natural catastrophes that expose bare surfaces (e.g., fires).
2. “Geological erosion” means the normal or natural erosion caused by geological processes acting over long geologic periods and resulting in the wearing away of mountains, building up of floodplains, coastal plains, etc. Synonymous with “natural erosion.”
3. “Gully erosion” means the erosion process whereby water accumulates in narrow channels and, over short periods, removes the soil from this narrow area to considerable depths, ranging from one (1) to two (2) feet to as much as seventy-five (75) to one hundred (100) feet.
4. “Natural erosion” means the wearing away of the earth’s surface by water, ice, or other natural agents under natural environmental conditions of climate, vegetation, etc., undisturbed by humans. Synonymous with “geological erosion.”
5. “Normal erosion” means the gradual erosion of land used by humans, which does not greatly exceed natural erosion.
6. “Rill erosion” means erosion processes in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed and exposed soils.
7. “Sheet erosion” means the removal of a fairly uniform layer of soil from the land surface by runoff.
8. “Splash erosion” means the spattering of small soil particles caused by the impact of raindrops on wet soils. The loosened and spattered particles may or may not be subsequently removed by surface runoff.
“Erosion control plan” means a plan indicating the specific measures and sequencing to be used for controlling sediment and erosion on a development site before, during, and after construction.
“Excavation” means the removal of material such as earth, sand, gravel, rock, or asphalt.
“Fill” means earth, sand, gravel, rock, asphalt, or other solid material used to increase the ground surface elevation or to replace excavated material.
“Filling” means the act of placing fill material (earth, sand, gravel, rock, asphalt, or other solid material) on any soil surface, natural vegetative covering, or other fill material to raise the ground elevation or to replace excavated material.
“Filter strips” means bands of closely growing vegetation, usually grass, planted between pollution sources and downstream receiving water bodies.
“Fine-grained soils” means any soil association that is classified in hydrologic soil groups C or D as mapped in the city soil survey, or as determined by a qualified soil scientist.
“Forest practice” shall mean any activity conducted on or directly pertaining to forest land and related to growing, harvesting, or processing timber (Chapter 222-16 WAC); including, but not limited to:
1. Road and trail construction;
2. Fertilization;
3. Prevention and suppression of diseases and insects; or
4. Other activities which qualify as a use or development subject to the Forest Practices Act.
“Geotechnical engineer” means a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project.
“Grading” means the movement of earth material through mechanical or other means to create the finished surface and contour of a project site.
“Greenway” means a linear open space; a corridor composed of natural vegetation. Greenways can be used to create connected networks of open space that include traditional parks and natural areas.
“Groundwater” means water in a saturated zone or stratum beneath the land surface or a surface water body.
“Habitat” means an area or type of area that supports plant or animal life.
“Hydrology” means the science dealing with the waters of the earth, their distribution on the surface and underground, and the cycle involving evaporation, precipitation, flow to the seas, etc.
“IMP” or “integrated management practice” means an LID practice or combination of practices that are the most effective and practicable (including technological, economic, and institutional considerations) means of controlling impacts to the predevelopment site hydrology.
“Impervious area” means a hard surface area (e.g., parking lot or rooftop) that prevents or retards the entry of water into the soil, thus causing water to run off the surface in greater quantities and at an increased rate of flow.
“Imperviousness overlay zoning” means one (1) form of the overlay zoning process. Environmental aspects of future imperviousness are estimated based on the future zoning build-out conditions. Estimated impacts are compared with watershed protection goals to determine the limit for total impervious surfaces in the watershed. Imperviousness overlay zoning areas are then used to define subdivision layout options that conform to the total imperviousness limit.
“Incentive zoning” means zoning that provides for give-and-take compromise on zoning restrictions, allowing for more flexibility to provide environmental protection. Incentive zoning allows a developer to exceed a zoning ordinance’s limitations if the developer agrees to fulfill conditions specified in the ordinance. The developer may be allowed greater lot yields by a specified amount in exchange for providing open spaces within the development.
“Infiltration” means the downward movement of water from the land surface into the soil.
“Land disturbance activity” means any activity that results in a change in the existing soil cover and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation.
“Landscaping” or “landscaped areas” means land that has been modified by altering soil levels and/or vegetation for aesthetic or practical purposes.
“Landslide deposit” means a large mass of earth and/or rock that has moved physically downslope by gravity and broken into discrete fragments.
“Level spreader” means an outlet designed to convert concentrated runoff to sheet flow and disperse it uniformly across a slope to prevent erosion.
“Low impact development (LID)” means the integration of site ecological and environmental goals and requirements into all phases of urban planning and design from the individual residential lot level to the entire watershed. LID site planning incorporates drainage/hydrology by carefully conducting hydrologic evaluations and reviewing spatial site layout options. These procedures incorporated into the site planning process early on (prior to permitting) aid with understanding and maximizing site conditions to reduce both total clearing and grading amounts and volumes, and on-site and off-site impacts.
“Modular block wall” means a wall constructed of manufactured modular wall units acting as a protective facing for an exposed soil face or as a gravity retaining wall.
“National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Department of Ecology.
“Nonpoint source pollution” means pollution that enters a water body from diffuse origins on the watershed and does not result from discernible, confined, or discrete conveyances.
“Open space” means land set aside for public or private use within a development that is not built upon.
“Overlay districts” means zoning districts in which additional regulatory standards are superimposed on existing zoning. Overlay districts provide a method of placing special restrictions in addition to those required by basic zoning ordinances.
“Performance zoning” establishes minimum criteria to be used when assessing whether a particular project is appropriate for a certain area, and ensures that the end result adheres to an acceptable level of performance or compatibility. This type of zoning provides flexibility without the well-defined goals and rules found in conventional zoning.
“Permanent erosion control” shall mean permanent improvements, such as landscaping or drainage control structures, which cover the soil such that no erosion can occur.
“Permeable” means soil or other material that allows the infiltration or passage of water or other liquids.
“Permit,” unless noted otherwise, refers to the clearing and grading permit; see “Clearing and grading permit.”
“Permittee” means the property owner to whom the clearing and grading permit is issued. The property owner may be a person(s), partnership, association, or corporation.
“Planned unit development (PUD) zoning” means a special classification authorized in some zoning ordinances, where a unit of land under control of a single developer may be used for a variety of uses and densities, subject to review and approval by the local governing body. The locations of the zones are usually decided on a case-by-case basis.
“Potential slide block (failure envelope)” means the area near the surface of a slope between the toe of the slope and a line drawn upward at two (2) feet horizontal to one (1) foot vertical from the toe to the surface of the ground above the slope, or as otherwise determined by a geotechnical engineer.
“Recharge area” means a land area in which surface water infiltrates the soil and reaches the zone of saturation or groundwater table.
“Reinforced fill or reinforced soil” means soil fill designed by an engineer that includes reinforcement consisting of metal or synthetic materials in bars, trips, grids, or sheets.
“Retaining wall” means a wall designed to resist the lateral displacement of soil or other materials.
“Riparian area” means vegetated ecosystems along a water body through which energy, materials, and water pass. Riparian areas characteristically have a high-water table and are subject to periodic flooding.
“Rockery” or “rock wall” means one (1) or more courses of large rocks stacked near vertical in front of an exposed soil face to protect the soil face from erosion and sloughing. A rockery or rock wall is not considered a retaining wall.
“Root protection zone (RPZ)” means a buffer, established by the jurisdiction, that provides protection against root compaction or construction damage.
“Routine landscape maintenance” means pruning, weeding, planting annuals, mowing turf lawns, and other activities associated with maintaining an already established landscaped area.
This definition does not include felling or topping of trees or removal of invasive plants resulting from lack of regular maintenance.
“Runoff” means water from rain, melted snow, or irrigation that flows over the land surface.
“Rural” means those lands located outside of an incorporated area or an established urban growth area (UGA) that are not resource lands of long-term significance and which are consistent with the Washington Growth Management Act.
“SCS” means the U.S. Department of Agriculture Soil Conservation Service; renamed the Natural Resources Conservation Service (NRCS).
“Sedimentation” means the process of gravity-induced settling and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes.
“SEPA (State Environmental Policy Act)” means the Washington State law, RCW 43.21C.020, intended to prevent or eliminate damage to the environment.
“Significant tree” means, as defined by the local jurisdiction, trees that have value for various reasons, such as size, age, historical significance, or ecological function or other reasons. (See “Tree.”)
“Site” means a lot or parcel, or a group of contiguous lots or parcels, associated with a certain application, building or buildings, or other development.
“Site fingerprinting” means a development approach that places development away from environmentally sensitive areas (wetlands, steep slopes, etc.), future open spaces, tree save areas, future restoration areas, and temporary and permanent vegetative forest buffer zones. Ground disturbance is confined to areas where structures, roads, and rights-of-way will exist after construction is complete.
“Slide” means the movement of a mass of rocks and/or earth down a slope.
“Soil” means unaggregated or uncemented deposits of mineral and/or organic particles or fragments derived from the breakdown of massive rocks or decay of living matter.
“Soil erosion” means the removal of soil from its original location by the action of water, ice, gravity, or wind.
“Stormwater Management Manual for Western Washington (Manual)” means the technical manual prepared by Ecology for use by local governments and published in 2019 (or latest edition), or statewide revisions when they become available, that contain descriptions of and criteria for BMPs to prevent, control, or treat pollutants in stormwater.
“Swale” means an open drainage channel designed to detain or infiltrate stormwater runoff.
“Tree” shall mean any living woody plant having a sound structure and being in good health, characterized by one (1) or more main stems or trunks and many branches, where the trunk diameter measures six (6) inches or greater for a conifer, and twelve (12) inches or greater for a deciduous tree, when measured at a height of four and one-half (4 1/2) feet from the ground level. (See also “Significant tree.”)
“Uncontrolled fill” means fill which has been placed under unknown conditions or without any controls such as geotechnical inspection or monitoring.
“Unstable slopes” means those sloping areas of land that have in the past exhibited, are currently exhibiting, or will likely exhibit mass movement of earth.
“USGS” means the U.S. Geological Survey, an agency within the Department of the Interior.
“Vegetation maintenance” means lawn maintenance, brush and tree pruning, and other normal land maintenance activities involving cutting, removal, or planting of vegetation by manual, mechanical, or chemical methods.
“Wall drain” means a drainage system behind retaining walls, rockeries, rock walls, or modular block walls used to collect water moving through the soil or rock behind the wall or rockery.
“Watershed” means the topographic boundary within which water drains into a particular river, stream, wetland, or body of water.
“Wet ponds” and “wet vaults” mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants.
“Wet season” means the rainy months from October 1st through April 30th.
“Zero-lot-line development” means a development option in which side yard restrictions are reduced and the building abuts a side lot line. Overall unit-lot densities are, therefore, increased.
Zero-lot-line development can result in increased protection of natural resources, as well as reduction in requirements for roads and sidewalks. (Ord. 918 § 1, 2021)
14.10.090 Permit application—Process and submittal requirements.
A. An application for a clearing and grading permit shall be submitted on a form provided by the city of Ilwaco. Accompanying such form shall be a general plot plan, which shall minimally include the following information:
1. General vicinity map;
2. A site plan, drawn to scale (a recent survey and topographic map may be required for some projects) that includes streets, proposed access, existing and proposed structures, extent and location of proposed clearing and grading activities, major physical features of the property (i.e., streams, ravines, etc.) and sensitive areas on or near the site, drainage channels, sewer and water lines (if possible), and existing and proposed easements;
3. Location and dimensions of buffer areas to be maintained or established, and location and description of proposed erosion-control devices or structures;
4. Location of all significant trees and identification of type and size, and designation of those trees to be removed and those to be protected;
5. Identification of areas to be revegetated and/or restored. Provide plant types and methods;
6. As determined at the discretion of the planner, other information as deemed appropriate to this chapter may be required in instances related to geological hazard, shoreline protection, stream protection, tree protection and replacement, or project scope.
B. Upon receipt of a clearing and grading application, the planner or his/her designee shall confer with other city personnel as may be appropriate and make a decision within twenty (20) working days from the date of submission of a completed application, unless an extension is authorized by the applicant.
C. Approved plans shall not be amended without authorization of the planner or his/her designee. The permit may be suspended or revoked by the planner because of incorrect information supplied or any violation of the provisions of this chapter.
D. No work shall commence until a permit notice is posted by the city on the subject site for a period of ten (10) days prior to commencement of grading activities.
E. An application penalty fee triple that assessed by Section 14.10.150 shall be assessed for any grading or clearing conducted prior to issuance of a clearing and grading permit required by this chapter.
F. If the grading involves one hundred (100) or more cubic yards, a SEPA (State Environmental Policy Act) review shall be required. Refer to Section 14.10.100.
G. Grading in excess of one hundred (100) cubic yards shall be performed in accordance with an approved erosion control and drainage plan prepared by a licensed professional engineer or certified erosion control specialist in the state of Washington.
1. An erosion control plan should include erosion and sedimentation control, a vegetation management plan, a landscape plan, a restoration plan, etc., including sequencing of construction and permanent measures.
2. A drainage plan drainage requirements, systems, and techniques must comply with the latest version of Ecology’s Stormwater Management Manual for Western Washington and any local surface water design manual as adopted by the city. (Ord. 918 § 1, 2021)
14.10.100 Conditions of approval/project denial.
A. The planner may impose conditions on permit approval as needed to mitigate identified project impacts and shall deny permit applications that are inconsistent with the provisions of this chapter.
B. All clearing and grading projects shall be subject to the following conditions:
1. All clearing and grading, as a component of land disturbance projects, shall be subject to inspection by the city.
2. Prior written permission from the planner shall be provided for modification of any plan.
3. The applicant shall maintain an up-to-date, approved copy of the plans on site.
4. The applicant shall provide owner permission for the city to enter the site for purposes of inspecting compliance with the plans, for performing any work necessary to bring the site into compliance with the plans, or for emergency corrective measures.
C. When a SEPA environmental checklist is required:
1. A determination of nonsignificance (DNS), a mitigated determination of nonsignificance (MDNS), or a determination of significance (DS) shall be issued by the city environmental official prior to the issuance of a clearing and grading approval by the planner.
2. Provisions contained in the DNS, MDNS, or DS shall be considered when approving the clearing and grading activity and conditions of the approval shall not be less restrictive than those in the DNS, MDNS, or DS. (Ord. 918 § 1, 2021)
14.10.110 Expiration of applications and permits.
A. An application for clearing and grading approval will be canceled if an applicant fails, without reasonable justification, to respond to the city’s written request for revisions or corrections within thirty (30) days. The planner may extend the response period beyond thirty (30) days if the applicant provides and adheres to a reasonable schedule for submitting the full revisions.
B. When a permit is ready to be issued, the applicant shall be notified and must pick up the permit within sixty (60) days of notification or it shall be canceled.
C. Clearing and grading permits expire when:
1. The authorized work is not begun within six (6) months from the date of approval issuance.
2. Work is abandoned for over one hundred eighty (180) consecutive days.
3. If authorized work is performed in a consistent and progressive manner, the approval shall expire one (1) year from the date of issuance unless an alternate time frame is specified on the permit or an extension is granted.
4. Upon a showing of good cause, up to two (2) six (6) month extensions may be granted by the planner; provided, that conditions that were relevant to issuance of the permit have not changed substantially and no material detriment to the public welfare will result from the extension. (Ord. 918 § 1, 2021)
14.10.120 Inspections.
A. Each site shall be inspected as necessary to ensure that required sediment control measures are installed and effectively maintained in compliance with the permit requirements. Where applicable, the applicant must obtain inspection by the city at the following stages:
1. Stage 1—Following the installation of sediment control measures or practices and prior to any other clearing and grading activity, including during the construction of sediment traps or ponds.
2. Stage 2—During rough grading, including hauling imported or waste materials.
3. Stage 3—Upon completion of final grading, including the establishment of ground covers and planting, and installation of all landscaping.
B. The planner shall specify inspection, testing, and monitoring requirements applicable to a given project prior to permit issuance. However, the planner may require additional inspection, testing, monitoring, or professional analysis and recommendations when conditions exist that were not covered in the permit application documents or were not sufficiently known at the time of permit issuance.
C. The permittee must give the city at least twenty-four (24) hours of advance notice prior to needed inspections. Inspections will be scheduled for the next working day after receiving the request; except, if the notice is received on Friday, the inspection will be scheduled for Tuesday.
D. Where applicable, inspections may be conducted by a certified erosion control specialist or licensed professional engineer who must file an inspection report with the planner. (Ord. 918 § 1, 2021)
14.10.130 Appeal.
Any person or persons aggrieved by any action of the planner may, within fourteen (14) calendar days of such action file a notice of appeal with the city council setting forth the reasons for such an appeal. The city council shall hear and determine the matter and may affirm, modify, or disaffirm the administrative decision within ninety (90) calendar days of the filing of notice of appeal. (Ord. 918 § 1, 2021)
14.10.140 Financial assurance of performance.
A. The planner may require bonds in such form and amounts as may be deemed necessary to ensure that the work shall be completed in accordance with the permit. The property owner, or other person or agent in control of the property, if required, shall furnish bonds.
B. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city in an amount equal to that which would be required in the surety bond.
C. To ensure proper performance and repair of degraded site conditions relating to the activity, financial assurance shall be required in an amount of one hundred fifty percent (150%) of the greater of either:
1. The estimated cost of constructing all erosion and sediment control measures or other BMPs specified in the approved plans.
2. The estimated cost, as determined by the planner, of monitoring BMP performance plus the estimated cost of designing and constructing any corrective work or mitigating measures that might be necessary to correct the effects on site and off site of inadequate or failed workmanship, materials or design. (Ord. 918 § 1, 2021)
14.10.150 Application and plan review fees.
Fees shall be filed at a rate established by the city and contained in the fee schedule. When a plan or other data are required to be submitted, plan review fees shall be paid at the time of submittal of plans and specifications for review. (Ord. 918 § 1, 2021)
14.10.160 Responsibility to have permit.
Every person working or directing work that requires a permit under this chapter must:
A. Have a copy of the permit before starting and during all phases of the work. The permit, approved plans, and applicable terms and conditions of approval shall be kept on site at all times.
B. Be familiar with and comply with the terms and conditions of the permit. (Ord. 918 § 1, 2021)
14.10.170 As-built plans.
For clearing and grading undertaken to develop plat or short plat infrastructure, the permittee shall submit a copy of the as-built plans to the planner. Such plan(s) shall be submitted prior to final approval. (Ord. 918 § 1, 2021)
14.10.180 Final approval.
The planner shall give final approval that clearing and grading has been carried out in compliance with the permit once all work is completed per the permit. (Ord. 918 § 1, 2021)