Chapter 13.190
CLEARING AND GRADING CODE
Sections:
13.190.040 Clearing and grading permit required – Exceptions.
13.190.045 Permit exception criteria.
13.190.060 Applications – Complete applications.
13.190.070 Permit requirements.
13.190.080 Liability insurance required – Exception.
13.190.090 Operating conditions and standards of performance.
13.190.140 Clearing standards.
13.190.150 Financial guarantees authorized.
13.190.010 Purpose.
A. This chapter is intended to regulate clearing and removal of vegetation, excavation, grading and earthwork construction including cuts and fills, gravel pits, dumping, quarrying and mining operations within City of SeaTac in order to protect public health, safety and welfare by:
1. Minimizing adverse stormwater impacts generated by the removal of vegetation and alteration of landforms;
2. Protecting water quality from the adverse impacts associated with erosion and sedimentation;
3. Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of vegetation;
4. Protecting sensitive areas from adverse clearing and grading activities;
5. Facilitating and encouraging long-term forest practice and agricultural production operations where appropriate;
6. Minimizing the adverse impacts associated with quarrying and mining operations;
7. Preventing damage to property and harm to persons caused by excavations and fills;
8. Establishing administrative procedures for the issuance of permits, approval of plans, and inspection of clearing and grading operations; and
9. Providing penalties for the violation of this chapter.
B. Conflicts. In case of a conflict between these provisions and those relating to clearing and grading found in any of the other technical codes adopted by this title, these provisions shall apply. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1022 § 1 (Exh. A) (part): Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3)
13.190.020 Definitions.
The definitions in this section apply throughout this chapter, unless otherwise clearly indicated by their context, and mean as follows:
“Applicant” means a property owner or a public agency or a public or a private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
“Bench” means a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.
“Berm” means a mound or raised area used for the purpose of screening a site or operation.
“Best management practices (BMP)” means any schedule of activities, prohibition of practices, maintenance procedure, or structural and/or managerial practice that, when used singly or in combination, prevents or reduces the release of pollutants and other adverse impacts to surface water, stormwater and groundwater, while minimizing the potential for flooding, soil creep, and soil instability.
“Civil engineer” means an engineer who is licensed as a professional engineer in the branch of civil engineering by the State of Washington.
“Clearing” means the cutting or removal of vegetation or other organic plant material by physical, mechanical, chemical or any other means.
“Clearing and grading permit” means the permit required by this chapter for clearing and grading activities, including temporary permits.
“Compaction” means the densification of a fill by mechanical means.
“Cutting” means the severing of the main trunk or stems from close to or at the soil surface or at a point up to twenty-five percent (25%) of the total vegetation height.
“Director” means the Director of the Community and Economic Development Department or designee.
“Duff” means decaying vegetation matter covering the ground under trees, or organic soils.
“Earth material” means any rock, natural soil or any combination thereof.
“Erosion” means the wearing away of the ground surface as the result of the movement of wind, water and/or ice.
“Erosion and sediment control (ESC)” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site, adversely impact LID BMPs, or enter into wetlands or aquatic areas.
“Excavation” means the removal of earth material.
“Fill” means a deposit of earth material placed by mechanical means.
“Geotechnical engineer” means a person licensed by the State of Washington as a professional civil engineer who has expertise in geotechnical engineering.
“Grade” means the elevation of the ground surface.
1. “Existing grade” means the grade prior to grading.
2. “Rough grade” means the stage at which the grade approximately conforms to the approved plan as required in SMC 13.190.070.
3. “Finish grade” means the final grade of the site which conforms to the approved plan as required in SMC 13.190.070.
“Grading” means any excavating, filling, removing of the duff layer, or combination thereof.
“Low impact development (LID)” means a stormwater and/or land use management strategy that strives to mimic natural hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design, while also minimizing the potential for off-site flooding and soil instability.
“Low impact development (LID) best management practices (BMP)” means distributed stormwater management practices, integrated into a project design, that emphasize natural hydrologic processes of infiltration, filtration, storage, evaporation and transpiration, while protecting against off-site flooding and soil instability. LID BMPs include, but are not limited to, bioretention, permeable pavement, cast-in-place pavers, limited infiltration systems, roof downspout controls, dispersion, soil amendments, and minimal excavation foundations.
“Native vegetated surface” means a surface in which the soil conditions, ground cover, and species of vegetation are like or similar to those of the original native condition for the site.
“Reclamation” means the final grading and land restoration of a site.
“Shorelines” means those lands defined as shorelines in the State Shoreline Management Act of 1971.
“Site” means any lot or parcel of land or contiguous combination thereof where projects covered by this chapter are performed or permitted where a public street or way may intervene.
“Slope” means an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance.
“Stormwater facilities” means drainage facilities or features used to meet water quality treatment and/or flow control requirements by utilizing processes such as infiltration, dispersion, storage, conveyance, evaporation, and transpiration.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
“Surface Water Design Manual” means the King County Surface Water Design Manual (KCSWDM), as amended by the City of SeaTac Addendum to the KCSWDM adopted in SMC 12.10.010.
“Terrace” means a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.
“Tree” means a large woody perennial plant usually with a single main stem or trunk and generally over twelve (12) feet tall at maturity.
“Understory” means the vegetation layer of a forest that includes shrubs, herbs, grasses, and grass-like plants, but excludes native trees.
“Vegetated LID BMPs” means LID BMPs that utilize landscaping.
“Vegetation” means any and all organic plant life growing at, below, or above the soil surface. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1022 § 1 (Exh. A) (part): Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3)
13.190.030 Hazards.
Whenever the Director determines that an existing site, as a result of clearing or grading, excavation, embankment, or fill, 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 clearing, grading, excavation or fill is located or other person or agent in control of said property, upon receipt of notice in writing from the Director, shall within the period specified therein restore the site affected by such clearing or grading or repair or eliminate such excavation or embankment or fill so as to eliminate the hazard and be in conformance with the requirements of this chapter. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.040)
13.190.040 Clearing and grading permit required – Exceptions.
No person shall do any clearing or grading without first having obtained a clearing and grading permit from the Director, unless it meets one (1) of the exception criteria identified in SMC 13.190.045 and meets all of the conditions identified below:
A. The project includes less than seven thousand (7,000) square feet of land disturbing activity; and
B. The performance and restoration requirements of this chapter are met and best management practices are utilized to protect water quality; and
C. The activity does not occur in a sensitive area or its buffer regulated under SMC Title 15. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.050)
13.190.045 Permit exception criteria.
A. An on-site excavation or fill for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation, nor exempt any excavation having an unsupported height greater than four (4) feet after the completion of such structure;
B. The depositing or covering of any garbage, rubbish or other material at any solid waste facility operated by City of SeaTac or King County;
C. Maintenance of existing driveways or private access roads within their existing road prisms;
D. Any grading within a publicly owned road right-of-way;
E. Clearing or grading by a public agency for the following routine maintenance activities:
1. Roadside ditch cleaning, provided the ditch does not contain salmonids;
2. Pavement maintenance;
3. Normal grading of gravel shoulders;
4. Maintenance of culverts;
5. Maintenance of flood control or other approved surface water management facilities;
6. Routine clearing within road right-of-way;
F. Maintenance or reconstruction of the facilities of a common carrier by a rail in interstate commerce within its existing right-of-way; provided restoration is consistent with SMC 13.190.100;
G. Excavation less than four (4) feet in vertical depth not involving more than fifty (50) cubic yards of earth or other material on a single site. This exception does not apply within an area placed into tracts or easements for a wildlife habitat corridor pursuant to SMC Title 15 unless the proposed activity is otherwise exempt under SMC Title 15;
H. Fill less than three (3) feet in vertical depth not involving more than fifty (50) cubic yards of earth or other material per SMC 13.190.100 on a single site. This exception does not apply within an area placed into tracts or easements for a wildlife habitat corridor pursuant to SMC Title 15 unless the proposed activity is otherwise exempt under SMC Title 15. This exception does not apply to the placing of fill in fifty (50) cubic yard increments over time on a single site; fill shall not be placed on a single site in fifty (50) cubic yard increments to avoid the need to obtain a permit;
I. Minor stream restoration projects for fish habitat enhancement by a public agency, utility or tribe as set out in SMC Title 15;
J. Clearing and grading, performed as Class I, II, III or IV special forest practice in the City of SeaTac, that is conducted in accordance with Chapter 76.09 RCW and WAC Title 222;
K. Within environmentally sensitive areas, as regulated in SMC Title 15, the following activities are exempt from the clearing requirements of this chapter and no permit shall be required:
1. Normal and routine maintenance of existing lawns and landscaping subject to the limitations on the use of pesticides in sensitive areas as set out in SMC Title 15.
2. Permitted agricultural uses; provided the clearing is consistent with the agricultural exemptions in sensitive areas as regulated in SMC Title 15.
3. Emergency tree removal to prevent imminent danger or hazard to persons or property.
4. Normal and routine horticultural activities associated with commercial orchards, nurseries, or Christmas tree farms in existence on November 27, 1990, subject to the limitations on the use of pesticides in environmentally sensitive areas as set out in SMC Title 15. This does not include clearing or grading in order to develop or expand such activities.
5. Normal and routine maintenance of existing public parks trail easements owned by the City of SeaTac or dedicated to and accepted for maintenance by the City of SeaTac, and private and public golf courses. This does not include clearing or grading in order to develop or expand such activities in environmentally sensitive areas. For the purpose of this subsection, a park is defined as any real property managed for public use which has been previously maintained as a park or has been developed as a park pursuant to a properly issued permit.
6. Removal of noxious weeds from steep slope hazard areas and the buffers of streams and wetlands subject to the limitations on the use of pesticides in sensitive areas as set out in SMC Title 15.
7. Pruning and limbing of vegetation for maintenance of aboveground electrical and telecommunication facilities; provided, that the clearing is consistent with the electric, natural gas, cable communication and telephone utility exemption in environmentally sensitive areas as regulated in SMC Title 15; that said utility has a franchise agreement or master use permit with the City of SeaTac; and that said utility obtains the required right-of-way use permit per Chapter 11.10 SMC.
8. Class II, III and IV special forest practices, provided they occur on parcels that meet all of the following criteria for long-term forestry:
a. The parcel is enrolled under the current use taxation program as timberland pursuant to Chapter 84.34 RCW or as forestland pursuant to Chapter 84.33 RCW;
b. A long-term management plan is approved for the parcel by the Washington Department of Natural Resources;
c. The parcel equals or exceeds five (5) acres in size;
L. Clearing within seismic hazard area, except on slopes greater than fifteen percent (15%) and subject to clearing restrictions contained in SMC Title 15, wildlife habitat corridors pursuant to SMC Title 15, critical drainage areas established by administrative rule or property-specific development standards pursuant to SMC Title 15; and provided the site contains no other sensitive area features;
M. Clearing within coal mine hazard area, subject to clearing restrictions contained in this section, wildlife habitat corridors pursuant to SMC Title 15, critical drainage areas established by administrative rule or property-specific development standards pursuant to SMC Title 15; and provided the site contains no other environmentally sensitive area features; and
N. Normal and routine maintenance of trail easements owned by the City of SeaTac or dedicated to and accepted for maintenance by the City of SeaTac. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part). Formerly 13.190.055)
13.190.050 Temporary permits.
The Director shall have the authority to issue temporary permits for excavations, processing, quarrying and mining, and removal of sand, gravel, rock and other natural deposits, together with the necessary buildings, apparatus or appurtenances incident thereto for specific jobs on application for highway, road, street, airport construction, flood control and other public works projects. In conjunction with such operations, allied uses such as, but not limited to, rock crushers, concrete-batching plants and asphalt-batching plants may be authorized by this temporary permit. The Director shall also have the authority to issue temporary permits for the removal of existing stockpiles of previously mined materials for the reclamation of land to its best use, consistent with the underlying zoning.
A. The Director shall consider the effect of the proposed operation on the City road system and any effect it may have on surface or groundwater drainage and flood control, and shall make such recommendations as are necessary to protect the public interest in this regard.
B. The Director shall also consider the effect of the proposed operation on the current and future land use in the area affected by the proposed operation and shall condition permits as necessary to protect the public interest in this regard. Temporary permits are good for the life of the contract of the specific job but must be reviewed annually. Each temporary permit site shall be fully restored during the term of the temporary permit. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.060)
13.190.060 Applications – Complete applications.
A. For the purposes of determining the application of time periods and procedures adopted by this chapter, applications for permits authorized by this chapter shall be considered complete as of the date of submittal upon determination by the Director that the materials submitted comply with SMC Title 16A and contain the following:
1. For clearing and grading permits:
a. A legal description and boundary sketch of the property;
b. A one to two thousand (1:2,000) scale vicinity map with a north arrow;
c. Grading plans on a sheet no larger than twenty-four (24) inches by thirty-six (36) inches and including:
i. A horizontal scale no smaller than one (1) inch equals thirty (30) feet;
ii. Vertical scale;
iii. Size and location of existing improvements within fifty (50) feet of the project, indicating which will remain and which will be removed;
iv. Existing and proposed contours at two (2) foot intervals, and extending for one hundred (100) feet beyond the project edge;
v. At least two (2) cross-sections, one (1) in each direction, showing existing and proposed contours and horizontal and vertical scales;
vi. Temporary and permanent erosion-sediment control facilities;
vii. Permanent drainage facilities prepared per SMC 12.10.010;
viii. Structures to be built or construction proposed in landslide hazard areas; and
ix. Proposed construction or placement of a structure.
2. A completed environmental checklist, if required by Chapter 15.700 SMC, Critical Areas.
3. Satisfaction of all requirements for grading permits under SMC 13.190.070.
B. Applications found to contain material errors shall not be deemed complete until such material errors are corrected.
C. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1007 § 14; Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.070)
13.190.070 Permit requirements.
A. Except as exempted in SMC 13.190.040, no person shall do any clearing or grading without first obtaining a clearing and grading permit from the Director. A separate permit shall be required for each site and may cover both excavations and fills.
B. Application. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. The Director shall prescribe the form by which application is made. No application shall be accepted unless it is completed consistent with the requirements of this chapter and the requirements of SMC Title 16A, Development Review Code. In addition to the requirements of SMC Title 16A, every application shall:
1. Identify and describe the work to be covered by the permit for which application is made;
2. Describe the land on which the proposed work is to be done, by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed site;
3. Identify and describe those environmentally sensitive areas, as defined in SMC Title 15, on or adjacent to the site;
4. Indicate the estimated quantities of work involved;
5. Identify any clearing restrictions contained in SMC 13.190.140, wildlife habitat corridors pursuant to SMC Title 15, critical drainage areas established by administrative rule or property-specific development standards pursuant to SMC Title 15;
6. Be accompanied by plans and specifications as required in subsections (B) and (C) of this section;
7. Designate who the applicant is, on a form prescribed by the Department, except that the application may be accepted and reviewed without meeting this requirement when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three (3) requirements are met:
a. The name of the agency or public or private utility is shown on the application as the applicant;
b. The agency or public or private utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the Department; and
c. The form designating the applicant is submitted to the Department prior to permit issuance; and
8. Give such other information as may be required by the Director.
C. Plans and Specifications. When required by the Director, each application for a grading permit shall be accompanied by four (4) sets of plans and specifications and other supporting data as may be required. The plans and specifications shall be prepared and signed by a civil engineer registered to practice in the State of Washington when required by the Director; provided, the Director may require additional studies prepared by a qualified geotechnical engineer. If the plans and specifications are returned as a result of permit denial or any other reason, they shall be returned to the applicant.
D. Information on Plans and in Specifications. Plans shall be drawn to an engineer’s scale upon substantial paper or mylar and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all other relevant laws, rules, regulations and standards. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following minimum information:
1. General vicinity of the proposed site;
2. Property limits and accurate contours of existing ground and details of terrain and area drainage;
3. Limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction;
4. Location of all proposed cleared areas, including areas for soil amendment;
5. Location of any open space tracts or conservation easements if required pursuant to:
a. SMC 13.190.140;
b. SMC Title 15;
c. Critical drainage area; or
d. Property-specific development standards pursuant to SMC Title 15;
6. Calculations of the total proposed area cleared on site as a percentage of the total site area;
7. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as a part of the proposed work, together with the maps showing the drainage area and the estimated runoff of the area served by any drains;
8. A determination of whether drainage review applies to the project pursuant to Chapters 12.05 and 12.30 SMC, and, if applicable, all drainage plans and documentation consistent with City of SeaTac Surface Water Design Manual (SMC 12.10.010) requirements;
9. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifty (50) feet of the property or which may be affected by the proposed grading operations;
10. Landscape and rehabilitation plan as required by SMC 13.190.100;
11. Other information as may be required by the Director; and
12. If the clearing or grading is proposed to take place in or adjacent to a sensitive area as regulated in SMC Title 15, provide information as required by that title.
E. Granting of Permits.
1. The Director shall determine if the proposed grading will adversely affect the character of the site for present lawful uses or with the future development of the site and adjacent properties for building or other purposes as indicated by the Comprehensive Plan, the Shoreline Master Program, and the Zoning Code.
2. After an application has been filed and reviewed, the Director shall also ascertain whether such grading work complies with the other provisions of this chapter. If the application and plans so comply, or if they are corrected or amended so as to comply, the Director may issue to the applicant a grading permit. A grading permit shall be valid for the number of days stated in the permit but in no case shall the period be more than two (2) years; provided, that when operating conditions have been met, the permit may be renewed every two (2) years, or less if a shorter approval and/or renewal period is specified by the Director.
3. No grading permit shall be issued until approved by Federal, State and local agencies having jurisdiction by laws or regulations.
4. Upon approval of the application and issuance of the grading permit, no work shall be done that is not provided for in the permit. The Director is authorized to inspect the premises at any reasonable time to determine if the work is in accordance with the permit application and plans.
5. The permits from the Director shall be required regardless of any permits issued by any other department of City government or any other governmental agency who may be interested in certain aspects of the proposed work. Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining the permit, the violator shall be subject to such civil penalties as provided in Chapter 1.15 SMC. However, the payment of such civil penalties shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed thereon. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.080)
13.190.080 Liability insurance required – Exception.
The permittee shall maintain a liability policy in an amount not less than five hundred thousand dollars ($500,000) per individual, five hundred thousand dollars ($500,000) per occurrence, and one hundred thousand dollars ($100,000) property damage, and shall name City of SeaTac as an additional insured. Exception: Liability insurance requirements may be waived for projects involving less than ten thousand (10,000) cubic yards. Liability insurance shall not be required of City of SeaTac departments, divisions, or bureaus. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.090)
13.190.090 Operating conditions and standards of performance.
A. Any activity that will clear, grade or otherwise disturb the site, whether requiring a clearing or grading permit or not, shall provide erosion and sediment control (ESC) that prevents, to the maximum extent possible, the transport of sediment from the site to drainage facilities, water resources and adjacent properties. Erosion and sediment controls shall be applied as specified by the temporary ESC measures and performance criteria and implementation requirements in the City of SeaTac erosion and sediment control standards. Activities performed as Class I, II, III or IV special forest practices shall apply erosion and sediment controls in accordance with Chapter 76.09 RCW and WAC Title 222.
B. Cuts and fills shall conform to the following provisions unless otherwise approved by the Director:
1. Slope. No slope of cut and fill surfaces shall be steeper than is safe for the intended use and shall not exceed two (2) horizontal to one (1) vertical, unless otherwise approved by the Director.
2. Erosion Control. All disturbed areas including faces of cuts and fill slopes shall be prepared and maintained to control erosion in compliance with subsection (A) of this section.
3. Preparation of Ground. The ground surface shall be prepared to receive fill by removing unsuitable material such as concrete slabs, tree stumps, brush and car bodies.
4. Fill Material. Except in an approved sanitary landfill, only earth materials which have no rock or similar irreducible material with a maximum dimension greater than eighteen (18) inches shall be used.
5. Drainage. Provisions shall be made to:
a. Prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a fill;
b. Carry any surface waters that are or might be concentrated as a result of a fill or excavation to a natural watercourse, or by other means approved by the Department of Natural Resources and Parks.
6. Bench/Terrace. Benches, if required, at least ten (10) feet in width shall be backsloped and shall be established at not more than twenty-five (25) foot vertical intervals to control surface drainage and debris. Swales or ditches on benches shall have a maximum gradient of five percent (5%).
7. Access Roads – Maintenance. Access roads to grading sites shall be maintained and located to the satisfaction of the Director to minimize problems of dust, mud and traffic circulation.
8. Access Roads – Gate. Access roads to grading sites shall be controlled by a gate when required by the Director.
9. Warning Signs. Signs warning of hazardous conditions, if such exist, shall be affixed at locations as required by the Director.
10. Fencing. Fencing, where required by the Director, to protect life, limb and property, shall be installed with lockable gates which must be closed and locked when not working the site. The fence must be no less than five (5) feet in height and the fence material shall have no horizontal opening larger than two (2) inches.
11. Setbacks.
a. The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes.
b. The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes.
c. Slopes and setbacks shall be determined by the Director.
12. Excavations to Water-Producing Depth. All excavations must either be made to a water-producing depth or grade to permit natural drainage. The excavations made to a water-producing depth shall be reclaimed in the following manner:
a. The depth of the excavations must not be less than two (2) feet measured below the low water mark.
b. All banks shall be sloped to the water line no steeper than three (3) feet horizontal to one (1) foot vertical.
c. All banks shall be sloped from the low water line into the pond or lake with a minimum slope of three (3) feet horizontal to one (1) foot vertical to a distance of at least twenty-five (25) feet.
d. In no event shall the term “water-producing depth” as herein used be construed to allow stagnant or standing water to collect or remain in the excavation.
e. The intent of this provision is to allow reclamation of the land which will result in the establishment of a lake of sufficient area and depth of water to be useful for residential or recreational purposes.
C. Soil Amendment Requirements. Soil amendments shall be provided in accordance with the specifications in Appendix C of the Surface Water Design Manual.
D. Best Management Practices. Clearing and grading activities at a minimum shall use the erosion and sediment control best management practices identified in Appendices C and D of the Surface Water Design Manual as necessary to minimize off-site impacts from the project area. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1022 § 1 (Exh. A) (part): Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.100)
13.190.100 Land restoration.
A. Upon the exhaustion of minerals or materials or upon the permanent abandonment of the quarrying or mining operation, all nonconforming buildings, structures, apparatus or appurtenances accessory to the quarrying and mining operation shall be removed or otherwise dismantled to the satisfaction of the Director. This requirement shall not require land restoration on projects completed prior to January 1, 1971, except those covered under previously existing zoning requirements.
B. Final grades shall be such so as to encourage the uses permitted within the underlying zone classification.
C. Grading or backfilling shall be made with nonnoxious, nonflammable, noncombustible and nonputrescible solids.
D. Such graded or backfilled areas, except for roads, shall be sodded or surfaced with soil of a quality in conformance with “native vegetated landscape” specifications as identified in Appendix C of the Surface Water Design Manual.
E. Such topsoil as required by subsection (D) of this section shall be planted with trees, shrubs, legumes or grasses, and said flora shall meet “native vegetated landscape” specifications as identified in Appendix C of the Surface Water Design Manual.
F. Graded or backfilled areas shall be reclaimed in a manner which will not allow water to collect and permit stagnant water to remain. Suitable drainage systems approved by the Department shall be constructed or installed if natural drainage is not possible.
G. Waste or soil piles shall be leveled and the area treated as to sodding or surfacing and planting as required in subsections (D) and (E) of this section. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1022 § 1 (Exh. A) (part): Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.110)
13.190.110 Shorelines.
A. Any fill placed upon land adjacent to or beneath any stream or water body shall be contained and placed so as to prevent adverse effect upon other lands.
B. No permit required by this chapter shall be issued for grading upon the shorelines until approved by the appropriate Federal, State and local authorities.
C. For grading which requires a shoreline management substantial development permit, the conditions of the shoreline management substantial development permit shall be incorporated into the conditions of any permit issued pursuant to this chapter and shall be subject to the inspection and enforcement procedures authorized by this chapter. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.120)
13.190.120 Enforcement.
The Director is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Chapter 1.15 SMC.
If clearing inconsistent with the purposes and requirements of this chapter has occurred on a site, City of SeaTac shall not accept or grant any development permits or approvals for the site unless the applicant adequately restores the site. The Director shall require appropriate restoration of the site under an approved restoration plan which shall include a time schedule for compliance if significant resource damage has or may occur. If restoration has not been completed within the time established by the Department, the Director shall order restoration and seek restitution from the property owner through liens or other available legal methods. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.130)
13.190.130 Forest practices.
A. Class IV Forest Practice. Under a Class IV forest practice, all clearing not otherwise exempted under this chapter shall be subject to the requirements of this chapter. All such clearing shall be subject to the State Environmental Policy Act, Chapter 43.21C RCW, and City of SeaTac shall accept or assume lead agency status. The review of the Class IV application shall be consolidated with the review of the associated City of SeaTac development permit or approval. Clearing independent of permit or approval shall require a separate clearing and grading permit pursuant to this chapter which meets any applicable clearing standards as defined by SMC 13.190.140. City of SeaTac will also combine its SEPA review of Class IV forest practices and City permits.
B. Development applications on lands cleared or graded pursuant to a Class II, III or IV special forest practice as defined in Chapter 76.09 RCW, or which are commenced without forest practices or City authorization, shall be denied for a period of six (6) years unless:
1. The applicant demonstrates that the clearing was consistent with the Conversion Option Harvest Plan reviewed and approved by City of SeaTac pursuant to the SMC Title 16A land use decision process and incorporated as a condition of the State’s forest practice permit; or
2. The Director of the Department of Community and Economic Development determines special circumstances exist which should allow the landowner to be released from the moratorium pursuant to notice, review and appeal process per SMC Title 16A.
C. In all cases, lifting or waiving of the six (6) year moratorium is subject to compliance with all local ordinances. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 11-1002 § 2 (part); Ord. 04-1008 § 3. Formerly 13.190.140)
13.190.140 Clearing standards.
A. For clearing and grading permits issued under this chapter, the current clearing standards contained in this section and in the following regulations shall apply:
1. Environmentally sensitive areas, SMC Title 15, and its adopted administrative rules;
2. Property-specific development standards pursuant to SMC Title 15;
3. Critical drainage area designations identified by adopted administrative rule;
4. Wildlife habitat corridors pursuant to SMC Title 15; and
5. Stormwater management, including LID principles and LID BMPs, as identified in the Surface Water Design Manual.
B. Within environmentally sensitive areas designated pursuant to SMC Title 15, uses shall be limited to those specified in that chapter. Within any other areas subject to clearing restrictions referenced or contained in this section, the following uses are allowed under a clearing permit:
1. Timber harvest in accordance with a timber harvest management plan and clearing permit approved by the Director. Administrative rules specifying the contents of, and the submittal requirements and approval criteria for, timber harvest management plans shall be promulgated in consultation with the City of SeaTac Department of Community and Economic Development prior to any permit approvals for timber harvest within these tracts or easements;
2. Passive recreation uses and related facilities, including pedestrian, equestrian community and bicycle trails, nature viewing areas, fishing and camping areas, and other similar uses that do not require permanent structures, if either cleared areas or areas of compacted soils, or both, associated with these uses and facilities do not exceed eight percent (8%) of the area of the tract or easement. Within wildlife habitat corridors, trail widths shall be the minimum allowed under adopted trail standards and no other recreation uses shall be permitted in the one hundred fifty (150) foot minimum width of the corridor;
3. Utilities and utility easements, including stormwater facilities, if the uses are within or adjacent to existing road or utility easements whenever possible. Within wildlife habitat corridors, existing or multiple utility uses within established easements shall be allowed within the one hundred fifty (150) foot minimum setback from the habitat corridor. Vegetated LID BMPs are allowed within the wildlife corridor buffer setback. Development of new utility corridors shall be allowed within wildlife habitat corridors only when multiple uses of existing easements are not feasible and the utility corridors are sited and developed using City-approved BMPs to minimize disturbance; and
4. Removal of either dangerous trees or damaged trees, or both. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1022 § 1 (Exh. A) (part): Ord. 13-1009 § 6 (part): Ord. 11-1002 § 2 (part); Ord. 04-1008 § 3. Formerly 13.190.150)
13.190.150 Financial guarantees authorized.
The Director, or designee, is authorized to require all persons performing work on a project under a permit covered by this title to post performance and maintenance bonds. Where such persons have previously posted, or are required to post, other bonds covering either the project itself or other construction related to the project, such person may, with the permission of the Director and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such bond shall on its face clearly delineate those separate bonds which it is intended to replace. (Ord. 23-1016 § 1 (Exh. A); Ord. 13-1009 § 6 (part): Ord. 04-1008 § 3. Formerly 13.190.160)