Chapter 17.08
ENGINEERING REVIEW PERMITS (ERP)
Sections:
17.08.030 Coordinating ERP and clearing and grading provisions.
17.08.040 ERP applications not accepted prior to plat and land use approvals.
17.08.050 ERP required prior to building permit approval and final plat application.
17.08.060 ERP applications and subsequent submittals.
17.08.070 Complete application.
17.08.090 ERP permit issuance.
17.08.100 Construction and inspections.
17.08.130 ERP expiration and cancellation.
17.08.010 Purpose.
The purpose of this chapter is to define the development application types that are subject to engineering review permit (ERP) requirements, define minimum submittal requirements, establish the process for review of ERP applications, establish procedures for amending approved ERP permits, and establishing expiration periods of ERP approvals. (Ord. 2021-635 § 1).
17.08.020 Applicability.
A. ERP approval is required for the following development types:
1. Plat, subdivision and binding site plan improvements;
2. Commercial or nonresidential site plans;
3. Multifamily site plans;
4. Any development requiring clearing, grading, and installing improvements across lot lines.
B. An ERP for plat, subdivision, and binding site plan improvements does not meet the ERP requirement for individual site improvements. Separate permits are required. (Ord. 2022-645 § 6; Ord. 2021-635 § 1).
17.08.030 Coordinating ERP and clearing and grading provisions.
A. ERP review is subject to all clearing and grading provisions of Chapter 17.07 NMC, Property Grading Regulations.
B. An ERP shall satisfy the permit requirement for clearing and grading under Chapter 17.07 NMC when the proposed development involves construction of structures, site infrastructure and other improvements.
C. If no development or site improvements are associated with the clearing and grading, then a clearing and grading permit under Chapter 17.07 NMC is required in lieu of an ERP. (Ord. 2021-635 § 1).
17.08.040 ERP applications not accepted prior to plat and land use approvals.
Because preliminary plat approval, summary short plat, binding site plan, or required land use approvals will inform the plat’s or site’s layout and associated engineered improvements, an ERP application shall not be accepted until after the preliminary plat, short plat, binding site plan, or associated land use permit has been approved. The director will then ensure that the ERP reflects and complies with all conditions of plat and/or land use approval. (Ord. 2023-656 § 6; Ord. 2021-635 § 1).
17.08.050 ERP required prior to building permit approval and final plat application.
A. ERP approval is required prior to submittal of final plat applications and prior to a short plat’s final approval and recordation.
B. ERP approval, when applicable, is required prior to approval of building permits.
C. Building permit applications submitted prior to preliminary or final plat approval and recordation, or prior to short plat final approval and recordation, are subject to the provisions of NMC 20.01.100, which have the effect of nullifying the plat application and associated approvals except in the following instances:
1. The building permit application is submitted pursuant to model home provisions of NMC 20.04.120; or
2. The building permit is for required plat infrastructure (e.g., vaults and retaining walls). (Ord. 2021-635 § 1).
17.08.060 ERP applications and subsequent submittals.
A. Application File Created. A new file shall be created for each ERP submittal. Subsequent submittals showing changes in response to comment letters may be labeled as sequential submittals or drafts, but the underlying ERP file number shall not change.
B. File Number Assigned. A new ERP file number shall be assigned to each new application, as follows:
1. An ERP for development of a lot within an approved plat shall not be submitted or filed under the plat’s ERP file number; it shall be considered an independent application and be assigned its own file number.
2. If the ERP is phased, the number of the phase shall be incorporated into the project name rather than the project file number. Each phased submittal shall be assigned a new ERP number, being subject to its own full and independent review.
3. A new proposal for a lot that previously underwent ERP review will be submitted under a new ERP application and file number. A new proposal occurs when:
a. An ERP permit has expired (per NMC 17.07.090) and when a new ERP permit application is submitted; or
b. A proposed design is beyond the scope and character of a previously submitted design such that it is considered a new design layout, as determined by the director. (Ord. 2021-635 § 1).
17.08.070 Complete application.
A complete application for ERP review shall consist of the following:
A. A completed application form, as prescribed and provided by the department to include such information as deemed necessary by the director to establish compliance with this section. The application form shall include:
1. The name and address of the developer.
2. The name(s) and address(es) of all property owners and their authorized agents.
3. The location of the development site by address, tax assessor parcel number, or by other legal description.
4. The name, address, and seal of the registered engineer.
5. A list of any other development permits or permit applications associated with the proposed development and having been filed for the site.
6. Other information as deemed necessary by the director to evaluate the proposal and render a decision.
B. Signatures on the application form of all property owners or their authorized agents.
C. Applicable fees and deposit (additional deposit may be requested below).
D. Supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; NMC Title 15; Chapter 17.07 NMC, Property Grading Regulations; NMC Title 18, Zoning; city comprehensive plan; and administrative rules adopted to implement any such code or ordinance provisions.
E. Plans and specifications as described in this section, prepared and signed by a civil engineer registered to practice in the state of Washington, formatted as follows:
1. Separate plan sheets shall be provided for each required detail specified in this section, except that multiple details for related information may be consolidated onto single plan sheets if individual details can be clearly and legibly depicted and differentiated from other details shown on the same plan sheet. The director may refuse plan sheets that are layered with too many details or that are otherwise overly complex or illegible.
2. Plans shall be to a scale no larger than 24 inches by 36 inches and of sufficient clarity and detail to indicate the nature and extent of the work proposed.
3. The plans shall include the name of the engineer by whom they were prepared, and the date of the drawing(s).
4. The plans shall be provided in electronic format, conforming to the following requirements:
a. Plan sets must be fully bookmarked with sheet number and title, grouped by discipline.
b. All plans must be flattened.
c. All plans must provide a two-inch-by-two-inch blank area on a consistent location on each sheet (including all disciplines) in the title block or on the right side of all the sheets for city stamps.
F. Soils report. A soils report prepared by a licensed soils or geotechnical engineer covering all portions of the project within his/her expertise including site history; geologic structures; surface conditions; subsurface conditions; recommendations for foundation support, site preparation, structural fill, slope stability and mitigation; design parameters for retaining structures and structure backfill, surface and subsurface drainage, dewatering, excavation conditions and hazards; seismic conditions, erosion and sedimentation hazards and controls; use of on-site materials for structural fill and backfill; and pavement design. The soils or geotechnical engineer shall be retained as the engineer of record for the duration of the project.
G. Existing site features. A site plan showing the location of any buildings, structures, or other existing improvements such as septic drainfields, roads, wells, and utilities on the property where the work is to be performed and the location of any buildings, structures, or other existing improvements on land of adjacent owners which are within 50 feet of the property or which may be affected by the proposed grading operations.
H. Site plan. A detailed site plan consistent with site plan or plat layout approved under associated land use permit.
I. Landscape plan. A detailed landscape plan consistent with the landscape plan approved under associated land use permit, and with rehabilitation/restoration plan as required.
J. Utility plan. A detailed utility, sewer and water plan showing locations and sizes of all wet and dry lines, wires, above- and belowground boxes, cabinets, transformers and/or vaults, valves, ports, clean-outs, lids, connections, conduit encasements, meters, and associated easements. Also, specified depths of trenches and/or holes for all underground infrastructure and/or improvements. Also, all existing and proposed trees within 25 feet of any trenching or excavation required for utilities, sewer and/or water.
K. Pavement plan. A detailed pavement plan showing all proposed pavements on the site and/or in the right-of-way, including their type, thickness, and final grading. Also showing direction of stormwater flow across pavement, along with associated curbs, gutters and catch basins.
L. Stormwater plan. A detailed stormwater plan, including all swales, bioretention ponds, rain gardens, downspout locations, evaporation ponds, dispersion areas, green roofs, modular suspended pavement systems (silva cells) and other low impact development (LID) BMPs and improvements, along with all pipes, vaults, ponds, catch basins, filters, other structured improvements, and associated easements. Also, details on stormwater flow across the site, including all points of stormwater entry to and exit from the site, together with the maps showing the drainage area, proposed drain locations, and the estimated runoff of the area served by any drains. Also, all existing and proposed trees within 25 feet of any trenching or excavation required for stormwater improvements.
M. Grading plan. A general grading plan showing proposed cuts, fills, proposed methods of retention, areas of vegetation removal, and limits of grading and ground disturbance activities.
N. Soils conservation plan. A soils conservation plan, indicating how existing topsoil on the site will be conserved, stockpiled and/or otherwise protected for reuse on the site.
O. Topographic plan. A boundary and topographic survey, including existing and proposed ground contours and details of terrain and area drainage. Contours shall extend a minimum of 50 feet off site.
P. Lighting plan. A detailed lighting plan showing the location of all street and/or parking lot lights, the height and types of all fixtures, and photometric contours.
Q. Tree protection plan. A tree protection plan, if applicable, showing the locations of all retained trees on the site and methods of protecting the trees during construction, including proposed barricade fencing (location, height, and type).
R. Accessibility plan. An accessibility compliance plan showing all accessible parking and accessible routes to building entrances, from building exits, and/or to street crossings.
S. Traffic sign and signalization plan.
T. Retaining wall details. Details of all proposed retaining walls, including wall heights, types, construction methods, and drainage systems. (Note: Rockeries, modular block walls, interlocking panel and counterfort walls, mechanically stabilized earth (MSE), soil nails, geo-grid reinforced walls, crib walls, and cast-in-place (CIP) walls less than four feet in height and not supporting a surcharge would be under the ERP review; others need a separate building permit.)
U. Geotechnical details. Geotechnical reports pertaining to grading, construction, or improvements in identified critical areas.
V. Other information as may be required by the director. The director may require the applicant to submit additional information when he/she finds the submitted plans, specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist that require specific explanation. (Ord. 2021-635 § 1).
17.08.080 ERP decision.
A. Project Approval. If the director finds that the submitted plans are compliant with all adopted codes and standards, the plan documents shall be prepared for final approval. Approval shall consist of the following:
1. A full ERP plan set shall be stamped approved by the director or his/her designees, which may include the following individuals:
a. Project review engineer (confirming compliance with all engineering principles and also ensuring compliance with fire code requirements as specified by Bellevue Fire).
b. Project land use planner (confirming compliance with land use conditions).
c. Building official, if applicable (confirming compliance with ADA standards).
2. A cover letter including the following information:
a. The ERP file number.
b. A statement that the ERP has been approved and that the approved ERP plan set is attached.
c. A list of all conditions of approval.
d. The date of approval.
e. The date of expiration (per NMC 17.08.130).
f. A statement that construction of the approved plans may not commence until an ERP permit has been issued under the following process:
i. Submittal to the city of a bond quantity worksheet for all approved improvements.
ii. Notice to the applicant from the director of required bonding for the project, based upon the submitted bond quantity worksheet.
iii. Submittal by the applicant of required bonds to the city.
iv. Scheduling of a preconstruction meeting with city officials.
v. Issuance of ERP permit at preconstruction meeting as scheduled by the city.
g. Applicant’s appeal rights if he or she disagrees with the decision.
B. Project Denial. If the ERP application and associated plans are not found compliant by the director, the ERP shall not be approved and issued. Prior to written notice of application denial, the director shall provide notice to the applicant of any deficiencies or areas of noncompliance with the application and allow the applicant 30 days to address the deficiencies or areas of noncompliance. (The director may authorize additional time, not to exceed an additional 30 days, if he or she deems additional time is warranted.) If the deficiencies or noncompliances are not addressed and rectified in the time frame allowed by this section, the city shall provide written notice of application denial, stating the specific reasons for denial. The decision of denial shall be final unless otherwise appealed pursuant to Chapter 19.15 NMC.
C. Subsequent Submittals and Applications. Once a decision has been rendered to either approve or deny the application, any subsequent ERP submittals for the same site and development shall be submitted under a new ERP application. (Ord. 2021-635 § 1).
17.08.090 ERP permit issuance.
Once the applicant has been notified by the director that the approved ERP plans have been approved, the following steps are taken:
A. Applicant submits to the city a bond quantity worksheet reflecting all improvements on approved plans.
B. The director determines required bond amounts for the project based upon the submitted bond quantity worksheet and other pertinent information.
C. The director notifies applicant of required bond amounts, with instructions to prepare and submit bonds to city. The city may request additional fees to cover costs of continued processing, as determined by the city’s adopted fee schedule.
D. Applicant submits back to the city required bonds and any additional fees as instructed by the director.
E. A preconstruction meeting between applicable city staff and the applicant is scheduled.
F. The city prepares and issues an ERP permit at the preconstruction meeting. (Ord. 2021-635 § 1).
17.08.100 Construction and inspections.
A. Construction may commence once the ERP permit issues, subject to conformance with all ERP conditions of approval as discussed and coordinated during preconstruction meeting.
B. City inspections shall occur during the entire construction phase according to standard city practice, and as needed during the bonding period. All time and expenses for city inspections may be charged against any required fee deposits for ERP processing, as specified in the city’s adopted fee schedule. (Ord. 2021-635 § 1).
17.08.110 ERP plan revisions.
All grading, retaining systems, infrastructure, roads, storm systems, landscaping, and other improvements associated with the development proposal shall be installed and maintained per the approved ERP plans unless revisions are otherwise approved by the city. Revisions shall be processed as follows:
A. Adjustments During Construction. While the development is under construction, the applicant may request approval of adjustments by submitting an addendum to the construction drawings. Addendum requests shall be reviewed by the director and shall be contingent upon consistency with underlying land use approvals. Costs of the addendum review time shall be drawn against fee deposits associated with the ERP permit or as otherwise specified in the city’s adopted fee schedule.
B. Adjustments After Construction. Once the project has been completed, any changes from the approved and constructed improvements shall be processed as follows:
1. For nonresidential and multifamily development; amendments require a new ERP application, which shall be processed under all provisions stated in this chapter. Amendments shall be reviewed against all applicable land use permits and approvals for the site.
2. For residential plats recorded at least five years prior to the date of the requested adjustments; changes limited to single lots shall be processed through the clearing and grading permit process, as applicable, and/or through the building permit process as applicable to any grading, retaining walls, or stormwater systems. Changes affecting multiple contiguous lots, or that potentially affect subdivision stormwater control and/or infrastructure design, shall be reviewed through a new ERP application that encompasses the entire affected area of the plat. All property owners within the affected area of the plat shall be parties to the new ERP application.
3. For residential plats recorded fewer than five years from the date of the requested adjustments, changes shall be reviewed through a new ERP application. If the changes affect multiple contiguous lots or potentially affect subdivision stormwater control and/or infrastructure design, all property owners within the affected area of the plat shall be parties to the new ERP application. Changes shall be reviewed against all applicable land use approvals pertaining to the plat. (Ord. 2021-635 § 1).
17.08.120 Release of bonds.
Provisions for the reduction and release of bonds are defined in Chapter 17.04 NMC. The following provisions additionally apply:
A. Performance bonds may be reduced only when all construction associated with the site and identified on the approved ERP plan set has been completed, except for final lift of pavement.
B. Performance bonds may not be reduced or released until as-built drawings are provided to the city and maintenance bonds have been provided.
C. Maintenance bonds shall not be released until after the maintenance bond period and after final inspection and acceptance of the improvements by the city. (Ord. 2021-635 § 1).
17.08.130 ERP expiration and cancellation.
ERP permits are subject to the same expiration and cancellation provisions as clearing and grading permits, as prescribed in NMC 17.07.090. (Ord. 2021-635 § 1).