Chapter 21.14 CLEARING, FILLING AND GRADING

(1) Regulate all land-disturbing activity to control accelerated erosion and sedimentation in order to prevent damage to public or private property; and to prevent sediment or sediment-related pollution of water and other damage to creeks, rivers, wetlands and other water resources in the city; and

(2) Protect and preserve archaeological sites, objects and resources from destruction during excavation activities; and

(3) Establish the procedures through which these purposes can be fulfilled. (Ord. 3119 § 69, 2016; Ord. 2221 § 1 (Exh. A § 1.2), 1990).

21.14.030 Scope.

This chapter sets forth rules and regulations to control all land-disturbing activities within the city. (Ord. 2221 § 1 (Exh. A § 1.3), 1990).

21.14.040 Definitions.

As used in this chapter:

(1) “Accelerated erosion” means any increase over the rate of natural erosion as a result of land-disturbing activity.

(2) “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.

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

(4) “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 the FEMA National Flood Insurance Program or as adopted by the city.

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

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

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

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

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

(10) “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.

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

(12) “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.

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

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

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

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

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

(18) “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.

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

(20) “Excavation” means the mechanical removal of earth material.

(21) “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).

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

(23) “Grade” means the vertical location of the ground surface:

(a) “Existing grade” is the vertical location of the ground surface prior to grading.

(b) “Finish grade” is the final grade of the site which conforms to the approved plan.

(24) “Grading” means any excavating, filling, clearing, recontouring of the ground surface or combination thereof.

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

(26) “Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.

(27) “Impervious surface” means a non-vegetated surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non-vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel, packed earthen materials and oiled, macadam or other surfaces which primarily impede the natural infiltration of stormwater.

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

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

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

(31) “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.

(32) “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.

(33) “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.

(34) “Person responsible for the violation” means:

(a) 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

(b) The landowners 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 provision of this chapter, or any order adopted pursuant to this chapter as imposed by duty.

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

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

(37) “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.

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

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

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

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

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

(43) “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow.

(44) “Stormwater Manual” means the most current version, as approved for city use by the council, of the Stormwater Management Manual for Western Washington, published by the Washington State Department of Ecology, as presently constituted or as may be amended, updated, supplemented, or revised.

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

(46) “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 stormwater or surface water. In some cases, portions of the natural surface water system have been channelized or otherwise altered.

(47) “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.

(48) “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.

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

(50) “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.

(51) “Uniform Building Code (UBC)” means the most recent version of the Uniform Building Code adopted by the city.

(52) “Variance” means the modification of the minimum stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter.

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

(54) “Wetlands” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands have one or more of the following three attributes: (a) at least periodically, the land supports predominantly hydrophytes*, (b) the substrate is predominantly undrained hydric soil**, and (c) the substrate*** is nonsoils and is saturated with water and covered by shallow water at some time during the growing season of each year.

Notes:

*“Hydrophytes” means any plant growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

**“Hydric soil” means soil that is wet long enough to periodically produce anaerobic conditions, thereby influencing the growth of plants.

***“Substrate” means a layer beneath the surface soil.

(55) “Working days” means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken. (Ord. 3252 § 1 (Exh. A), 2022; Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 1.4), 1990).

21.14.050 Hazards.

Whenever the city engineer 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 city engineer, 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 code. (Ord. 2221 § 1(Exh. A § 1.5), 1990).

21.14.060 Other laws.

(1) Whenever conflicts exist between federal, state or local laws, ordinances or rules, the more restrictive provision shall apply.

(2) 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. 2221 § 1(Exh. A § 1.6), 1990).

Article II. Permits and Plans

21.14.070 Requirements generally.

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

(1) Plan Required. No person shall initiate or engage in any land-disturbing activity without having obtained 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 city engineer.

(2) 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.

(3) Buffer. No land-disturbing activity shall be permitted in proximity to an environmentally sensitive area unless a buffer is provided along the margin of the area of sufficient width to confine visible siltation within the 25 percent of the buffer 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.

(4) 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, within 30 working days of installation of any ground cover, devices, or structures be sufficient to restrain erosion.

(5) Ground Cover. Whenever land-disturbing activity is undertaken, 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.

(6) Transferability. Permits are not transferable. (Ord. 2221 § 1(Exh. A § 2.1), 1990).

21.14.080 Basic control objectives.

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

(1) 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

(2) Limit time of exposure: All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time; and

(3) 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

(4) Control storm water runoff: Storm water runoff originating upgrade of exposed areas shall be controlled to reduce erosion and sediment loss during the period of exposure; and

(5) Manage site runoff: When the increase in the velocity of storm water runoff resulting from a land-disturbing activity is sufficient to cause accelerated sedimentation to 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

(6) Control sedimentation: All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage. (Ord. 2221 § 1(Exh. A § 2.2), 1990).

21.14.090 Permitting authority.

The city engineer, or his/her designee, is the designated agent for the issuance of clearing/filling/grading permits in the city. The city engineer 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. No permit shall be issued pursuant to PMC 21.14.180, exemption granted pursuant to PMC 21.14.190, waiver issued pursuant to PMC 21.14.200 or variance granted pursuant to PMC 21.14.120 until the city community development director has reviewed and given written approval for the proposed action to the city engineer. (Ord. 2324 § 5, 1992; Ord. 2221 § 1(Exh. A § 2.3), 1990).

21.14.100 Application for permit.

(1) The initial application for a permit must include enough information to determine feasibility which at minimum must include the following:

(a) Application form;

(b) Site map and grading plan;

(d) Application fees;

(e) Construction stormwater pollution prevention plan;

(f) Preliminary stormwater site plan;

(g) Soil engineering report, where required to determine feasibility;

(h) Engineering geology report, where required to determine feasibility;

(2) After preliminary approval is given on the initial application submittal, the supplemental application must include the following:

(a) Stormwater site plans;

(b) Soil engineering report, where required;

(d) Work schedule;

(e) Any supplemental material required by the city engineer. (Ord. 3252 § 1 (Exh. A), 2022; Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 2.4), 1990).

21.14.110 Application form.

To obtain a permit an applicant first must file an application in writing upon forms furnished by the city. 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. The city shall review the application within 28 calendar days of submittal to determine if the application is complete and shall follow the procedures set forth in PMC 20.11.006. (Ord. 2479 § 1, 1996; Ord. 2221 § 1(Exh. A § 2.5), 1990).

21.14.120 Site map and grading plan.

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

(1) Existing and proposed topography of the site taken at contour intervals 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) 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 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 solid 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 within 15 feet of the subject property or which may be affected by the proposed grading operations.

Specifications shall contain information covering construction and material requirements. (Ord. 2221 § 1(Exh. A § 2.6), 1990).

21.14.130 Construction storm water pollution prevention plan.

The construction storm water pollution prevention plan shall comply with the thresholds, minimum requirements, adjustment and variance criteria, supplemental guidelines and optional guidance of the Stormwater Manual. In addition, the developer shall submit an accurate estimate of the cost of implementing and maintaining all temporary construction erosion and sediment control measures and devices, permanent erosion and sediment control measures and devices, and any other relevant information that the city may require. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 2.7), 1990).

21.14.140 Final erosion and sediment control plan (final plan).

Repealed by Ord. 3130. (Ord. 2221 § 1(Exh. A § 2.8), 1990).

21.14.150 Soil engineering report.

(1) A soil engineering report, when required by the building official and/or the city engineer or designee, shall be based on adequate and necessary test borings, and shall contain all the following information:

(a) Data regarding the nature, distribution, strength, and erodibility of existing soils;

(b) Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any;

(d) Conclusions and recommended designs for temporary and permanent soil stabilization devices and measures identified in the construction stormwater pollution prevention plan;

(e) Conclusions and recommendations for stormwater infiltration capacity and feasibility if stormwater infiltration is required or proposed for the site, consistent with the requirements of Chapter 21.10 PMC;

(f) Design criteria for corrective measures when necessary;

(g) Opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

(2) Recommendations included in the report and approved by the building official shall be incorporated into the plans or specifications. (Ord. 3252 § 1 (Exh. A), 2022; Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 2.9), 1990).

21.14.160 Engineering geology report.

(1) An engineering geology report, when required by the city engineer or designee, shall be based on adequate and necessary test boring and shall contain the following information:

(a) An adequate description of the geology of the site;

(b) Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;

(c) Conclusions and recommendations for stormwater infiltration capacity and feasibility if stormwater infiltration is required or proposed for the site, consistent with the requirements of Chapter 21.10 PMC;

(d) Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

(2) Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications. (Ord. 3252 § 1 (Exh. A), 2022; Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 2.10), 1990).

21.14.170 Work schedule.

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

(1) Proposed land-disturbance;

(2) 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 subsection (1) of this section;

(3) Schedule for construction of final improvements, if any;

(4) Schedule for installation of permanent erosion and sediment control devices where required. (Ord. 2221 § 1(Exh. A § 2.11), 1990).

21.14.180 Issuance of permits.

(1) Permit Issuance. A clearing, filling and grading permit shall be issued only in conjunction with one or more of the following:

(a) A valid building permit application; provided, that no clearing and grading permit will be issued until a decision has been issued by the city engineer 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;

(b) Utility extension approved by the city engineer;

(d) Conditional use permit;

(e) Approved street, water, storm 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;

(f) Approved landscape, street, water, storm and sanitary sewer construction drawings for an approved final (PCD) or (PRD);

(g) Approval of a shoreline substantial development permit or shoreline management exemption for the subject property by the city and after expiration of all appeal periods pursuant to RCW 90.58.180;

(h) Special permission of the city engineer 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 purposes of this chapter, in conjunction with a clearing, grading and drainage plan with erosion and sedimentation control, landscaping, soil stabilization and surface groundcover elements including continuous maintenance;

(i) For site work over 500 cubic yards, the purpose of which is not to achieve approval or development under subdivisions (a) through (g) of this subsection, the following are also to be met:

(i) Decision 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:

(A) The proposal is in accordance with the city basin plans, comprehensive drainage plan, and other city codes and adopted standards, regulations, and policies, and

(B) The approval of the proposal will not pose a threat or be detrimental to the public health, safety and welfare, and

(C) The applicant has demonstrated that approval of the proposal is necessary for the reasonable development or maintenance of the property, and

(D) Trees worthy of preservation have been considered for retention. Trees worthy of preservation are trees unique by reason of size, age, species rarity, form or status as a landmark, or otherwise have value for soil stabilization, noise attenuation, wind velocity reduction, temperature control or wildlife habitat,

(ii) 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.

(2) Permits are not transferable.

(3) A permit must not be issued for land disturbance associated with building or development that is not allowed by existing zoning, conditional uses, and variances or other land use controls applicable to the site.

(4) Detailed guidelines for permit application are available from the city’s permit center on request. The application for permit shall be accompanied by:

(a) Ten copies of the site map and grading plan and checklist, if required and three sets of other required documents prepared in conformance with this regulation and applicable development standards (see Article III);

(b) The permit fee; and

(5) A copy of the plan must be referred to other jurisdictions which may be affected by the proposed action, including Pierce County, the Puyallup Indian Nation and Inter County River Improvement. Comments from external jurisdictions must be received within 15 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 has waived its right to comment. This provision may be superseded by the requirements of other state and federal permits.

(6) The city engineer may waive the requirement for plans or specifications if he/she finds that the information on the application is sufficient to show that proposed work will conform to the requirements of this chapter.

(a) 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.

(b) Failure to comply with these requirements may result in the city engineer requiring submission and approval of engineered clearing/ filling/grading and erosion/sedimentation plans.

(7) Utility construction may not take place in the city until an erosion/sedimentation plan is submitted to and approved by the city engineer.

(8) Within 15 days (or 30 days if environmental checklist processing is required) of receipt of the initial application (including required accompanying information and fee), the city engineer shall review the initial application to determine if the requirements of this chapter are met. The city engineer may request comments from other departments or agencies. If the initial application submittal appears consistent with city policy and requirements of this chapter, the city engineer shall authorize preparation and submittal of supplemental application information or approve the plan, inform the applicant and issue a permit. If, after review of the supplemental submittal information, the requirements of this chapter are met the city engineer shall, within seven days of submittal approve the plan, inform the applicant and issue a permit. If the conditions are not met, the city engineer shall inform the applicant in writing and may either require additional information or disapprove the plan. Within seven days of receipt of additional information, the city engineer shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the city engineer shall inform the applicant in writing of the reasons for the disapproval.

(9) 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:

(a) The department may, in emergency situations and at its discretion, require the installation of interim erosion and sediment control measures to protect stream channels, and other properties from damage.

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

(10) Decision 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 plans, and:

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

(b) The approval of the proposal will not pose a threat or be detrimental to the public health, safety, and welfare; and

(c) The applicant has demonstrated that approval of the proposal is necessary for the reasonable development or maintenance of the property; and

(d) Trees worthy of preservation have been considered for retention. Trees worthy of preservation are trees unique by reasons of size, age, species rarity, form or status as a landmark, or otherwise having value for soil stabilization, noise attenuation, wind velocity reduction, temperature control or wildlife habitat.

(11) 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. (Ord. 2221 § 1(Exh. A § 2.12), 1990).

21.14.190 Exemptions.

(1) Exemptions will be consistent with those in PMC 21.10.080.

(2) Noncritical Areas. In noncritical areas, the following activities are exempt from permit requirements:

(a) Excavations of less than five feet in vertical depth or fills less than eight inches of vertical depth on any portion of a site and involving the removal, deposit or displacement of not more than a total of 100 cubic yards of material during any two-year period;

(b) The stockpiling of less than 500 cubic yards of topsoils, crushed rock, sawdust, mulch, bark, chips or similar materials on a lot, tract or parcel of land for a period not to exceed one year; provided, that the stockpile has adequate cover to prevent erosion. This exemption may be extended for more than one year upon approval of the city engineer if, in his/her opinion, the stockpile is not adversely impacting water resources;

(c) The broadcasting of less than 100 cubic yards of topsoils, peat, sawdust, mulch, bark, chips or solid nutrients used for landscaping or soils conditioning on a lot, tract or parcel of land during any two-year period, provided finished depth does not exceed eight inches;

(d) The stockpiling of organic or inorganic materials used for construction stock in a city-approved construction project; provided, that the use, location and extent of stockpiles was disclosed through the project review process;

(e) The creation of hard surfaces which have an area of less than 2,000 square feet;

(f) Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property, provided such measures do not adversely impact adjacent properties.

(3) Environmentally Sensitive Areas. In environmentally sensitive areas as designated pursuant to Chapter 21.04 PMC, there are no exemptions.

(4) Environmentally Critical Areas. In environmentally critical areas as designated pursuant to Chapter 21.06 PMC, there are no exemptions in the following areas:

(a) Wetlands Categories I, II, III, and IV;

(b) Stream Categories I, II, III, and IV;

(d) Landslide hazard areas Categories III and IV;

(e) Wildlife habitat;

(f) Buffers for wetlands Categories I, II, III and IV;

(g) Buffers for stream Category I;

(h) Buffers for lake Categories I and II;

(i) Buffers for wildlife habitat.

(5) In the landslide hazard area Categories I and II, buffers for streams Categories II, III and IV, buffers for lake Category III, and buffers for landslide hazard areas Categories I, II, III and IV as designated pursuant to Chapter 21.06 PMC, the following activities are exempted from permit requirements:

(a) Excavations less than three feet or fill less than eight inches in vertical depth and involving the removal, deposit or displacement of not more than a total of 30 cubic yards of material during any two-year period;

(b) The broadcasting of topsoils for landscaping or soils conditioning not exceeding 30 cubic yards and no more than three inches in depth in total;

(c) The broadcasting of less than 100 cubic yards of peat, mulch or bark for landscaping or soils conditioning on a lot, tract or parcel of land per year;

(d) Emergency sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property, provided such measures do not adversely impact adjacent properties.

(6) Exemption, waiver or variance from clearing, filling and grading permit requirements does not exempt the applicant from the policies, criteria and standards contained in this chapter or other applicable local, state or federal permit requirements. (Ord. 3252 § 1 (Exh. A), 2022; Ord. 3130 § 1 (Exh. A), 2016; Ord. 2677 § 1, 2001; Ord. 2346 § 5, 1992; Ord. 2221 § 1(Exh. A § 2.13), 1990).

21.14.200 Waivers.

The city engineer may grant a waiver of the permit requirements for individual developments provided 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 it shall be determined if the applicant can conclusively demonstrate that the proposed action will not cause any adverse impact on steep slopes, other properties, the public storm drainage system or any surface water. (Ord. 2221 § 1(Exh. A § 2.14), 1990).

21.14.210 Variances.

The city engineer 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 sought and reasons for their granting. The city shall not grant a variance unless and until sufficient reasons justifying the variance are provided by the person developing land. (Ord. 2221 § 1(Exh. A § 2.15), 1990).

21.14.220 Permit requirements.

A building permit may not be issued for any parcel or lot unless a clearing, filling and grading 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:

(1) Approved drainage plan(s); and

(2) Security (see PMC 21.14.270). (Ord. 2221 § 1(Exh. A § 2.16), 1990).

21.14.230 Permit fee.

A nonrefundable permit fee will be collected at the time the application for clearing, filling and grading or application for waiver is submitted. The permit fee will provide for the cost of plan review, administration and management of the permitting process, and inspection of all activities or repair of such projects to this chapter. A permit fee schedule shall be established by the city based upon the relative complexity of the project and may be amended from time to time. (Ord. 2221 § 1(Exh. A § 2.17), 1990).

21.14.240 Permit suspension and revocation.

Any clearing, filling and grading 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:

(1) Any violation(s) of the conditions of the permit;

(2) Changes in site runoff characteristics upon which a waiver was granted;

(3) Construction is not in accordance with the approved plans;

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

(5) An immediate danger exists in a downstream area or adjacent property in the opinion of the city engineer. (Ord. 2221 § 1(Exh. A § 2.18), 1990).

21.14.250 Permit conditions.

(1) In granting any permit, the city may attach conditions that it deems reasonably necessary to prevent sedimentation of public or private property, any sewer, storm drain, or water course, 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, 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:

(a) Notify the city within 48 hours of commencing any land-disturbing activity;

(b) Notify the city of completion of any control measures within 48 hours after their installation;

(d) Install all control measures as identified in the approved control plan:

(e) Maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the control plan;

(f) Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or land-disturbing activities;

(g) Inspect the construction control measures at least once a week and after each rain of 0.5 inches or more, and make needed repairs;

(h) Allow city personnel 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;

(i) Keep a copy of the control plan on the site.

(2) If, in the opinion of the city engineer, 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 city engineer may, before issuing the permit, require that the applicant for a permit file 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 deposit or washing of material onto city streets or other public improvements, which may arise from or out of the performance of the work whether the performance is by the applicant, the subcontractor of the applicant, or any person directly or indirectly employed by the applicant. The amount of insurance must be prescribed by the city engineer in accordance with the nature of the risks involved. Insurance must be written by a company licensed to do business in the state and approved by the city. Neither issuance or a permit, nor compliance with these provisions or any condition imposed by the city engineer relieves any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the city for damages to persons or property. (Ord. 2221 § 1(Exh. A § 2.19), 1990).

21.14.260 Permit duration.

Permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The city engineer may extend the period one or more times up to an additional 180 days. The city engineer may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this chapter. (Ord. 2221 § 1(Exh. A § 2.20), 1990).

21.14.270 Security.

The city may 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 land disturbing activities if, in the opinion of the city engineer, such security is necessary. 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 provision of this chapter and other applicable laws and regulations, and time limitations. 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. (Ord. 2221 § 1(Exh. A § 2.21), 1990).

21.14.280 Public works construction permit – Liability insurance.

All contractors performing work within any existing street right-of-way or any public easement shall have a valid public works construction 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:

(1) Bodily injury liability insurance for each occurrence, $500,000 (per Ordinance No. 1827 or subsequent revisions);

(2) Property damage liability insurance for each occurrence, $500,000 (per Ordinance No. 1827 or subsequent revisions). (Ord. 2221 § 1(Exh. A § 2.22), 1990).

Article III. Criteria and Standards

21.14.290 Minimum criteria and standards.

At a minimum, plans for land-disturbing activities shall comply with the Stormwater Manual and the provisions in this chapter. The most stringent shall apply. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 3.1), 1990).

21.14.300 Clearing.

All clearing of vegetation shall conform to the specifications of this section and those set forth in the city’s development standards unless such clearing qualified as an exemption.

(1) Minimum levels of existing vegetation shall be preserved or restored in accordance with guidelines and procedures set forth in the development standards. Wherever feasible, clearing of native vegetation shall be minimized, consistent with an LID-based approach to site planning.

(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, filling, 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 this 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. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 3.2), 1990).

21.14.310 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. This 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 city engineer, 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 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.

(5) All clearing and grading activities shall conform to provisions of storm drainage plan approval.

(6) For wetlands and unstable slopes, special more stringent conditions than otherwise provided for herein may be required by the permit authority if, for reasons of safety stability or environmental sensitivity, such special conditions are merited.

(7) Stream relocations and wetland fills shall not be permitted unless approved by the permit authority with the intent that open streams and wetlands generally should be preserved. In making such determination, the permit authority shall not approve stream relocations or wetland fills unless the proposal results in an overall benefit to or maintains a surface water system of equal quality in terms of water quantity and quality control, and improves aquatic wildlife habitat. (Ord. 2221 § 1(Exh. A § 3.3), 1990).

21.14.320 Drainage.

All clearing and grading activities shall make provisions for drainage pursuant to the requirements of Chapter 21.10 PMC and those set forth in the development standards. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 3.4), 1990).

Article IV. Inspection Procedures

21.14.330 Inspection access.

Authorized representatives of the department may enter properties permitted under this chapter for the purpose of inspection and enforcement of the provisions of this chapter. (Ord. 2221 § 1(Exh. A § 4.1), 1990).

21.14.340 Inspection schedule and reports.

(1) 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 to ensure compliance with the approved plans.

(2) 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.

(3) 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.

(4) The developer shall notify the city before commencing any work in conjunction with the plans and upon completion of the project when a final inspection will be conducted. (Ord. 2221 § 1(Exh. A § 4.2), 1990).

21.14.350 Inspection during construction.

(1) A copy of the approved erosion and sediment control plan must be available on site for inspection by authorized representatives of the city.

(2) Each site that has a designed erosion and sediment control plan and/or permanent storm water facilities including low impact development features must be inspected as necessary to ensure that sediment control measures are installed and effectively maintained and proposed storm water infiltration areas are protected in compliance with the approved plan and permit requirements. As a minimum, the permittee must obtain inspection by the department at the following stages:

(a) Following the installation of sediment control measures or practices and marking of storm water infiltration areas prior to any other land disturbance;

(b) During the construction of sediment basins or storm water management structures, at the required inspection points;

(d) Prior to removal or modification of any sediment control measure or practice; and

(e) 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 plans.

(3) If there is a failure to comply with the requirements of this chapter, the city engineer or his/her representative 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 must be promptly corrected by the permittee. Additional inspections may be made as deemed necessary, and the city engineer has the right to waive inspections, excluding the final inspection. The city 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.

(4) When approved plans developed under the provisions of this chapter show the use of temporary basins or permanent storm water management structures, the city engineer 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 city engineer’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 inspections required under this section for that basin or structure may be waived. In these cases, the city engineer must be notified at the required inspection points and may make spot inspections.

(5) All inspections and testing required 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 city engineer 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 city engineer with recommended changes in procedures, for review and approval by the city engineer. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 4.3), 1990).

21.14.360 Final inspection reports.

A final inspection shall be conducted by the city upon completion of the elements of the clearing, filling and grading permit to determine if the completed work is constructed in accordance with approved plans 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. 2221 § 1(Exh. A § 4.4), 1990).

21.14.370 Inspection for preventive maintenance.

(1) Preventive maintenance shall be ensured through inspection of all permanent erosion and sediment controls by the city. The inspection shall occur during the first year of operation. Permanent storm water facilities, including low impact development facilities, shall be inspected as described in Chapter 21.10 PMC.

(2) Inspection reports shall be maintained by the city on all erosion and sediment controls and shall include the following:

(a) The date of inspection;

(b) Name of inspector;

(d) Description of needed maintenance.

(3) If, after an inspection by the city, the condition of an erosion or sediment control measure presents an immediate danger to 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) for such action(s). (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 4.5), 1990).

21.14.375 Inadvertent discovery of archaeological resources.

For all development activities which involve excavation, regardless of exemption from permit requirements outlined in PMC 21.14.190, in the event that suspected historic or cultural artifacts or objects of suspected archaeological value are discovered during site excavation, grading or other form of site development/construction, all work on site shall immediately stop and the property owner/developer shall notify the city, the State Department of Archaeology and Historic Preservation (DAHP), the Puyallup Tribe of Indians, and the Muckleshoot Indian Tribe if any artifacts of possible or suspected to be of historic or cultural significance are uncovered during excavations.¹ In such cases, the developer shall be required to provide for a site inspection and evaluation by a professional archaeologist or historic preservation professional, as applicable, in coordination with the state and/or affected tribes. (Ord. 3119 § 70, 2016).

21.14.380 Maintenance agreement.

Repealed by Ord. 3130. (Ord. 2221 § 1(Exh. A § 5.1), 1990).

21.14.390 Maintenance responsibility.

Repealed by Ord. 3130. (Ord. 2221 § 1(Exh. A § 5.2), 1990).

Article V. Enforcement and System Protection

21.14.400 Determination of risk/hazard.

(1) If the city either upon review of the interim or final erosion and sediment control 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 city engineer.

(2) Whenever the city engineer determines that the act or intended act of clearing, grading, excavation of fill 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, filling and grading permit. The permittee or other person or agent in control of the property, upon receipt of notice in writing from the city engineer 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 so as to eliminate the hazard and be in conformance with the requirements of this code. 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 filling, clearing and grading permit under which the work was done.

(3) Immediately upon completion of the project, the permittee must notify the engineering division and schedule a final inspection. If upon final inspection of the project the inspector 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 city engineer. (Ord. 2221 § 1(Exh. A § 6.1), 1990).

21.14.410 Deposits of soil or other material prohibited.

(1) 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 improvements, 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.

(2) 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.

(3) 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 (1) and (2) 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 materials must be removed immediately. In the event it is not so removed, the department may cause the removal and the cost of that removal by the material and is a debt due the city. 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 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. 2221 § 1(Exh. A § 6.2), 1990).

21.14.420 Permit revocation or suspension.

(1) Any permit issued under this chapter may be revoked or suspended by the city engineer, after notice, for:

(a) Violation of the plan or any other condition of the permit;

(b) Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work;

(c) Existence of any condition or the doing of any action constituting or creating a nuisance, hazard or endangering human life or the property of others; or

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

(2) In addition to the authority granted the city engineer under subsection (1) of this section, he/she may in consultation with the city building official post a site with a stop-work order directing that all land-disturbing activity cease immediately; provided, that:

(a) 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 correction must be made; and

(b) The permittee fails to comply with the warning notice within the specified time.

(3) A stop-work order may be issued without warning notice where:

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

(b) Required sediment control measures and storm water facility protection measures are not installed, inspected and approved before the land disturbance; or

(i) Is or creates a nuisance or hazard, or

(ii) Endangers human life or the property of others.

(4) 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 permission, or to the benefit of the permittee.

(5) 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.

(6) This section must not be interpreted as restricting the department from proceeding directly with alternative enforcement procedures under other sections of this regulation.

(7) The cost of any corrective measures shall be borne by the applicant. The city engineer may require inspection and testing by an approved testing agency at any stage of the application or project. The inspection and testing shall be at minimum schedules as listed in the city’s development standards. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2221 § 1(Exh. A § 6.3), 1990).

21.14.430 Violations and remedies.

(1) 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 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.

(2) 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.

(3) Civil Remedies.

(a) Any structure, 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 requirements 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 Chapter 6.08 PMC.

(b) Injunctive relief:

(i) 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 adopted or issued pursuant to this chapter, or any term, condition or provision of any 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 Puyallup Municipal Court.

(ii) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments 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.

(c) In addition to any other penalty or remedy available, violation of any provision of this title shall constitute a Class I civil infraction as defined in Chapter 1.02 PMC.

(4) Civil Violation.

(a) 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 this code shall be used to enforce this chapter.

(b) 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 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.

(c) 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.

(d) The permit authority shall have authority to withhold issuance of a permit, to 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 the security section of this chapter is established or re-established.

(5) Criminal Penalties. Any person convicted of violating the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than $5,000 or imprisonment not exceeding one year or both for each and every violation with costs imposed at the discretion of the court. Each day that the violation continues shall be a separate offense. In addition, the city may institute injunctive, mandamus or other appropriate action or proceedings at law or equity for the enforcement of this chapter or to correct violations of this chapter, and any court or competent jurisdiction shall have the right to issue restraining orders, temporary or permanent, injunctions or mandamus or other appropriate forms of remedy or relief. (Ord. 2400 § 1, 1994; Ord. 2221 § 1(Exh. A § 6.4), 1990).

21.14.440 Appeals.

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 period, issuance of a written notice of violation, or an alleged failure to properly enforce this chapter in regard to a specific application, shall have the right to appeal the action to the hearing examiner. The appeal shall be filed in writing with the office of the hearing examiner within 10 business days of official transmittal of the final decision or determination to the application, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under this code. (Ord. 2268 § 83, 1991; Ord. 2221 § 1(Exh. A § 8), 1990).

Code reviser’s note: As laid out in Ord. 3119, this sentence originally read, in part, “...if any artifacts of possible or suspected historic, cultural, are uncovered during excavations.” The language has been modified for clarity per the city.