Chapter 22D.050
CLEARING, GRADING, FILLING, AND EROSION CONTROL
Sections:
22D.050.020 Clearing and grading permit.
22D.050.030 Minimum standards.
22D.050.040 Temporary erosion and sediment control plan.
22D.050.050 Temporary restrictions on clearing and grading.
22D.050.060 Maintenance and security.
22D.050.080 Completion of the work.
22D.050.090 Construction specifications.
22D.050.010 Purpose.
The purpose of these standards is to ensure that all construction in the city of Marysville is undertaken with facilities and measures as necessary to minimize the erosion of soils and siltation of water bodies and public/private drainage facilities. The goal of the erosion control practices specified herein is for no sediment to leave the construction site or impact downstream or adjacent properties or the environment in general. (Ord. 2852 § 10 (Exh. A), 2011).
22D.050.020 Clearing and grading permit.
(1) A clearing and grading permit is required for a project involving any of the following, except as provided for in subsection (2) of this section. In applying this section, the total proposal must be considered.
(a) Any clearing, filling, or excavation in an environmentally sensitive area or regulated buffer.
(b) Fill and/or excavation totaling 50 cubic yards. Quantities of fill and excavation are separately calculated and then added together, even if excavated material is used as fill on the same site.
(c) Over 1,000 square feet of clearing, as measured at the ground level. Clearing includes disturbance of over 1,000 square feet at grade due to felling or topping of trees.
(2) The following activities are exempt from the requirements for a clearing and grading permit:
(a) Agricultural management of existing farmed areas.
(b) Routine landscape maintenance of existing landscaped areas on developed lots and other activities associated with maintaining an already established landscape. For lots developed prior to the adoption of sensitive area regulations with landscaping in what are now protected areas, routine landscaping maintenance can occur without a clearing and grading permit, provided the soil level is not increased.
(c) Work needed to correct an immediate danger to life or property in an emergency situation as declared by the mayor or the city administrator or his/her designee.
(d) Cemetery graves.
(e) Work, when approved by the city engineer, in an isolated self-contained area, if there is no danger to public or private property.
(3) The clearing and grading permit shall be issued by the engineering department and shall be effective for one year but may, with cause shown, be extended for an additional one-year period. The fee schedule for the review of plans is contained in MMC 14.07.005.
(4) In addition to satisfying all requirements of Chapters 14.15, 14.16 and 14.17 MMC, permittees shall comply with the following conditions, which shall apply to all grading permits:
(a) Notify the city 48 hours before commencing any land-disturbing activity.
(b) Notify the city of completion of any control measures within 48 hours after their completion.
(c) Obtain permission in writing from the city prior to modifying any of the plans.
(d) Install all control measures as identified in the approved plans.
(e) Maintain all road drainage systems, storm water drainage systems, control measures, and other facilities identified in the plans.
(f) Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities.
(g) Inspect the erosion construction control measures at least once each week during construction after each rain of 0.5 inch or more (over a 24-hour period), and immediately make any needed repairs.
(h) Allow the city to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans.
(i) Keep an up-to-date, approved copy of the plans on the site.
(j) Ensure that all workmanship and materials are in accordance with city of Marysville standards and the most current edition of the State of Washington Standard Specifications for Road, Bridge and Municipal Construction.
(5) Construction within environmentally sensitive areas shall be in compliance with Chapter 22E.010 MMC and shall be subject to the review of the community development director or designee. (Ord. 3277 § 7 (Exh. 7), 2023; Ord. 2852 § 10 (Exh. A), 2011).
22D.050.030 Minimum standards.
(1) Siltation and Erosion Control. Siltation and erosion control shall occur and be performed in accordance with Chapter 14.15 MMC.
(2) Grading. The following are the minimum standards for grading unless otherwise modified by an approved grading plan:
(a) Grading shall not contribute to or create landslides, accelerated soil creep, or settlement of soils.
(b) Natural land and water features, vegetation, drainage and other natural features of the site shall be reasonably preserved.
(c) Grading shall not create or contribute to flooding, erosion, increased turbidity, or siltation of a watercourse.
(d) Groundcover and tree disturbance shall be minimized.
(e) Grading operations shall be conducted so as to expose the smallest practical area to erosion for the least possible time.
(f) Grading shall not divert existing watercourses.
(g) The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable in areas not intended for building pads, access ways or other impervious surfaces.
(3) Cuts and Fills. The following are the minimum standards for cutting and filling slopes; provided, that these provisions may be waived by the city engineer for grading operations of a minor nature:
(a) Cut slopes shall be no steeper than is safe for the intended use. Cut slopes greater than five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining walls are to be installed.
(b) Filling should only occur where the ground surface has been prepared by removal of vegetation and other unsuitable materials or preparation of steps where natural slopes are steeper than five to one (5:1). Fill slopes should not be constructed on natural slopes greater than two to one (2:1).
(c) Fill slopes shall be no steeper than is safe for the intended use. Fill slopes greater than five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining walls are engineered and installed.
(d) Steeper cuts/fills may be permitted if supported by an approved soils/geological report; provided, that for residential development, the proposed steeper cuts/fills must comply with the design standards outlined in subsection (4) of this section.
(e) Cut and fill slopes shall not encroach upon adjoining property without written approval of the adjacent owner.
(f) Cut and fill slopes shall be provided with subsurface and surface drainage provisions to approved discharge locations as necessary to retain the slope.
(g) The faces of slopes shall be prepared and maintained to control erosion. Check dams, riprap, plantings, terraces, diversion ditches, sedimentation ponds, straw bales, or other methods shall be employed where necessary to control erosion and provide safety. The erosion control measures shall be initiated or installed as soon as possible and shall be maintained by the owner.
(h) Fill materials used as a structural fill shall be compacted in accordance with the requirements applicable to the future use.
(4) Design Criteria. The following are the minimum design standards for cutting and filling slopes for residential development; provided, that these provisions may be waived by the city engineer for grading operations of a minor nature:
(a) The aesthetic and spatial impact of altered grades on adjacent properties both public and private shall be considered in site design.
(b) Sites shall be developed to promote continuity and to minimize abrupt grade changes between sites.
(c) Grading shall be the minimum necessary to make installation and function of infrastructure feasible and economic for future service extensions to adjacent properties.
(d) The developer shall consider the natural topography and the proposed layout of the subdivision when siting roads in order to anticipate grading needs and minimize extensive grading in order to build.
(e) If retaining walls taller than four feet are used, as measured from the average grade, and are visible from the street or adjacent property, they shall be terraced so that no individual segment is taller than four feet; provided, that where adjacent properties are not adversely affected or the retaining wall is minor in nature, the community development director may reduce or waive these standards. Terraced walls shall be separated by a landscaping bed at least two feet in width. Alternative landscaping treatments will be considered, provided they reduce the bulk and scale of the retaining wall and enhance the streetscape or transition between properties.
Figure 1. Tall retaining walls must be terraced with landscaping as depicted below.
(5) Sensitive Areas. No land-disturbing activity shall be permitted in a regulated sensitive area, except as otherwise allowed by applicable laws and permits.
(6) Clean-Up. Persons and/or firms engaged in clearing, grading, filling, or drainage activities shall be responsible for the maintenance of work areas free of debris or other material that may cause damage to or siltation of existing or new facilities or have the potential of creating a safety hazard.
(7) Dust Suppression. Dust from clearing, grading and other construction activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrainment. Any dust suppressants used shall be approved by the director. Petrochemical dust suppressants are prohibited. (Ord. 2852 § 10 (Exh. A), 2011).
22D.050.040 Temporary erosion and sediment control plan.
Temporary erosion and sediment control shall be in accordance with the requirements contained in Chapter 14.15 MMC in a small parcel or large parcel erosion and sediment control plan. (Ord. 2852 § 10 (Exh. A), 2011).
22D.050.050 Temporary restrictions on clearing and grading.
(1) In the areas listed below, clearing and grading may be permitted to continue or to be initiated during the rainy season only if the director grants specific approval per subsection (3) of this section. The rainy season is defined as October 1st through April 30th, unless the director modifies these dates based on weather patterns and forecasts. In determining whether to permit rainy season construction, the director shall consult with the public works department. Such consultation shall occur on a regular basis to ensure consistent implementation of the city’s environmental policies and shall occur as needed regarding individual projects on specific sites.
(a) Developments within the Quilceda/Allen Creek watershed occurring on the Getchell hillsides within Planning Area No. 4: East Sunnyside/Whiskey Ridge, and Planning Area No. 5: Cedarcrest/Getchell Hill. The planning area boundaries are defined by the Marysville comprehensive plan.
(2) If clearing and grading are prohibited during the rainy season, building construction can nonetheless proceed as long as necessary clearing and grading are complete and effective erosion control is in place and effectively maintained.
(3) The director shall grant approval to initiate or continue clearing or grading activity in the areas listed in subsection (1) of this section during the rainy season only if, based on an evaluation of site and project conditions, the director determines the proposal ensures slope stability and adequately protects receiving waters from increased erosion and sedimentation during construction. The evaluation of site and project conditions shall include, but not be limited to, an evaluation of the following:
(a) Whether the clearing and grading are near completion if the project is already underway;
(b) Average existing slope of the site;
(c) Quantity of proposed cut and/or fill;
(d) Classification of the predominant soils and their erosion and runoff potential;
(e) Proposed deep utility installation;
(f) Hydraulic connection of the site to features that are sensitive to the impacts of erosion/sedimentation;
(g) Ability to phase clearing and grading and to create a feasible clearing and grading schedule;
(h) Extent of clearing and grading BMPs proposed, and if the project is underway, the project’s track record at controlling erosion and sedimentation.
(4) Determinations under subsection (3) of this section shall be made by the director on a site-specific basis. However:
(a) Rainy season construction generally will be prohibited for proposals requiring large-scale clearing and grading.
(b) Rainy season construction generally will be approved for smaller-scale clearing and grading proposals that have limited, shallow utility installation and are on sites with less than 15 percent slopes, predominant soils that have low runoff potential, and are not hydraulically connected to sediment-/erosion-sensitive features.
(c) Rainy season construction will be approved if extraordinary BMPs to control erosion/sedimentation and slope stability are proposed when:
(i) Moderate scale clearing and grading are proposed;
(ii) The proposal involves deep utility installation; or
(iii) The proposal is located on sites with greater than 15 percent slopes, soils with a high runoff potential, or sites hydraulically near a sediment-/erosion-sensitive feature.
(5) Whenever rainy season clearing and grading are allowed, the applicant may be required to implement extraordinary BMPs if the BMPs that are initially implemented are not working. If the permit was issued in the dry season, and work is allowed to continue in the rainy season, the city may modify the previously issued permit to require additional, extraordinary BMPs. Extraordinary BMPs may include, but not be limited to:
(a) Performance monitoring to determine compliance with state water quality standards, or more stringent standards if adopted by the city.
(b) Funding additional city inspection time, up to a full-time inspector.
(c) Shutting down work if necessary to control erosion and sedimentation.
(d) Construction of additional siltation/sedimentation ponds.
(e) Use of a series of temporary filter vaults.
(f) Use of high quality catch basin inserts to filter runoff.
(g) Use of erosion control blankets, nets, or mats in addition to or in conjunction with straw mulch.
(6) If a clearing and grading permit is issued, and the city subsequently issues three stop work orders or correction notices for insufficient erosion and sedimentation control, the permit will be suspended until the dry season, or, if violations occurred in the dry season, until weather conditions are favorable and effective erosion and sedimentation control is in place.
(7) The director has the authority to temporarily stop clearing and grading during periods of heavy rain.
(8) When clearing and grading are suspended during the rainy season or interrupted at any time of the year due to heavy rain or for other reasons, the permittee shall stabilize the site and maintain the erosion control BMPs. (Ord. 3218 § 4 (Exh. D), 2022; Ord. 2852 § 10 (Exh. A), 2011).
22D.050.060 Maintenance and security.
(1) A maintenance schedule of constructed private facilities shall be developed for the life of any facilities and measures implemented pursuant to these standards and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This schedule shall be included with all required plans and permits.
(2) The city engineer may require the applicant to furnish security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. (Ord. 2852 § 10 (Exh. A), 2011).
22D.050.070 Inspections.
Prior to any clearing, grading, filling, and/or drainage facility construction, the contractor may be required to conduct a preconstruction conference with the city’s engineering construction inspector to coordinate the project.
(1) All projects which include clearing, grading, filling or drainage shall be subject to inspection by the city engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the city engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with hydraulic permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife.
(2) Each site that has an approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the city at the following stages:
(a) Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;
(b) During the construction of sediment basins or storm water management structures;
(c) During rough grading, including hauling of imported or wasted materials;
(d) Prior to the removal or modification of any sediment control measure or facility; and
(e) Upon completion of final grading, including establishment of groundcover and planting, installation of all vegetative measures, and all other work in accordance with an approved plan and/or permit.
(3) The permittee may secure the services of an engineer, subject to the approval of the city engineer, to inspect the construction of the facilities and provide the city with a fully documented certification that all construction is done in accordance with the provisions of an approved grading, erosion and sedimentation control or other required plan, applicable rules, regulations, permit conditions and specifications. If inspection certification is provided by the city, the permit may be waived. In these cases the city shall be notified at the required inspection points and may make spot inspections. The engineer shall use the “Engineer’s Construction Inspection Report” form for certification of the construction or other similar form approved by the city engineer. (Ord. 2852 § 10 (Exh. A), 2011).
22D.050.080 Completion of the work.
(1) Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted in writing to and approved by the city engineer in advance of the construction of those changes.
(2) Final Reports. Upon completion of the rough grading and at the final completion of the work, the city engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the city engineer:
(a) An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities.
(b) A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan.
(3) Notification of Completion. The permittee or his/her agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved grading, erosion sedimentation control and other required plans, and the required reports have been submitted and accepted. (Ord. 2852 § 10 (Exh. A), 2011).
22D.050.090 Construction specifications.
Construction shall be in accordance with the procedures and specifications contained in the city’s drainage and erosion control standards as adopted under Chapter 14.15 MMC. (Ord. 2852 § 10 (Exh. A), 2011).