Chapter 15.06
SITE CONSTRUCTION AND RIGHT-OF-WAY PERMITS
Sections:
15.06.030 Scope and applicability.
15.06.040 Exemptions from requirement to obtain permit.
15.06.050 Application requirements.
15.06.060 Complete plans and designs.
15.06.080 Limitation of permit approval and extension of time.
15.06.090 Administration and procedures.
15.06.120 Penalties and enforcement.
15.06.130 Speculative grading prohibited.
15.06.180 Limitation of liability.
15.06.010 Purpose and intent.
A. The purpose of this chapter is to establish a process for site construction and right-of-way improvement permits issued by the city of Sequim in conformance with the adopted comprehensive plan. This chapter is applicable to all development activity within the city’s jurisdiction. Construction and development activities subject to this chapter include, but are not limited to, all grading activities, connections to city infrastructure including utilities and streets, site layout, building orientation, pedestrian and vehicular access, landscaping, temporary and permanent erosion control, stormwater management, parking and circulation arrangements, and illumination.
B. The intent of the site construction or right-of-way permit is to:
1. Provide project permitting by the public works department;
2. Ensure conformance with the currently adopted Sequim Municipal Code, International Building Code, International Fire Code, Uniform Plumbing Code, American Water Works Association (AWWA) and Washington State Department of Transportation Standard Specifications and other state and federal regulations and codes as currently adopted;
3. Ensure consistency with city of Sequim infrastructure development standards;
4. Protect neighboring owners and uses;
5. Ensure projects are constructed to meet city standards, such as walkways, driveways, paths, streets, utilities, and landscaping within segments of larger developments, between individual developments, and within public rights-of-way and easements;
6. Ensure convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas during construction;
7. Minimize undesirable impacts on the environment; and
8. Minimize infrastructure conflicts that might otherwise be created. (Ord. 2022-022 § 1 (Exh. A))
15.06.020 Definitions.
Reserved. (Ord. 2022-022 § 1 (Exh. A))
15.06.030 Scope and applicability.
This chapter applies to any public or private activity or action that would alter the condition of any land, water, or vegetation, or improvement regulated by this code, or any land which meets the classification standards for any critical area defined in Chapter 18.80 SMC. Such activities or actions include, but are not limited to:
A. All site and off-site improvements that are associated with an existing or proposed permit for building, clearing, grubbing, grading, filling, or contouring.
B. All site and off-site improvements that are associated with an existing or proposed permit for development, and all subdivisions that require earthwork; including but not limited to contouring, excavation, fill or trenching.
C. Applicants are not required to have both a grading permit under Chapter 18.82 SMC and a site construction permit under this chapter. If there is a question as to whether an applicant needs a grading permit or a site construction permit, the applicant must apply for a site construction permit. (Ord. 2022-022 § 1 (Exh. A))
15.06.040 Exemptions from requirement to obtain permit.
The following are exempt from the requirement for a site construction and right-of-way permit:
A. Forest practices other than Forest Practice IV regulated under WAC Title 222; or
B. Development that is undertaken by the Washington State Department of Transportation in state highway rights-of-way and is regulated by Chapter 173-270 WAC; or
C. Road and utility construction and related activities undertaken by the city’s public works department; or
D. If the alterations do not modify the existing site layout or contours; or
E. If applicant has a master permit that meets all of the requirements of this chapter; or
F. When connecting to existing infrastructure not located within city limits, such as an existing stub-out (this activity may require additional permits); or
G. Single-family residential construction permits which have included grading, stormwater management, utilities, and any critical areas within the approved permit. (Ord. 2022-022 § 1 (Exh. A))
15.06.050 Application requirements.
A. Applications for permits and approvals are subject to the provisions of this chapter as well as to other provisions of state law and the Sequim Municipal Code. Where this chapter imposes greater restrictions than existing codes, regulations, easements, covenants, or deed restrictions, the provisions of this chapter will prevail.
B. Applicants for a site construction and right-of-way permit must submit the following items:
1. A deposit/permit fee in the amount determined by the current rates in Chapter 3.68 SMC, Rates and Fees;
2. A completed site construction/right-of-way permit application package based on SMC 15.06.060 (Complete plans and designs) and the site construction application intake form checklist;
3. Any documents required to be attached to the permit application, including proof of applicant’s rights or access to the subject property, and all documents required from a preapplication checklist, if applicable;
4. Conformance with the following regulations (the most conservative regulation will govern):
a. Currently adopted International Building Code.
b. Chapter 18.82 SMC, Clearing and Grading.
c. Chapter 13.104 SMC, Stormwater Management.
d. Ecology’s Stormwater Management Manual for Western Washington as specified in Chapter 13.104 SMC.
e. The current Washington State Department of Transportation Standard Specifications;
5. Any additional documents requested by the city through the land use approval process, if applicable;
6. Any additional copies of the complete application package as requested. (Ord. 2022-022 § 1 (Exh. A))
15.06.060 Complete plans and designs.
A. The purpose of this section is to establish a comprehensive site plan and design review process that ensures compliance with the adopted plans, policies, and ordinances of the city. It is further intended to provide for the review of development proposals with respect to overall site design and to provide a means for guiding development in a logical, safe, attractive, and expedient manner, while also allowing property to be developed in phases.
B. Applicant must submit a site plan map and/or engineering plans as part of the application for a site construction or right-of-way permit. In addition to a site construction checklist, the site plans must contain the following components:
1. Vicinity map showing the subject property in relation to all other properties and major structures within a 250-foot radius of the property along with at least one major road.
2. Site plan containing the following information:
a. The location and use of all structures and areas on the subject parcel, both existing and proposed;
b. Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature;
c. Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements;
d. An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other “sensitive areas,” etc.;
e. All property lines, easements, fences, walls, signs, and other points of reference;
f. Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses; and
g. Dimensional information or drawn to engineering scale at not less than one inch equals 50 feet.
3. Parking plan showing all existing and proposed off-street parking spaces. This may be integrated into the base site plan or shown on a separate plan. Parking plans should show all spaces, aisles, ADA compliance and motorcycle spaces, loading spaces, transit facilities, and parking lot access and internal circulation. It should also show dimensions of all parking areas, spaces, driveways, setbacks, and distances from curb cuts to intersection corners, and similar detail.
4. Landscape plan showing details of existing vegetation to be preserved and the general planting pattern as well as the numbers and types of new plants being provided. This may be integrated into the base site plan or provided in a separate plan.
5. Elevation and/or perspective drawings. Drawings showing proposed structures and other major improvements, including cross sections, preconstruction and proposed contours and grade breaks.
6. Civil engineering drawings. Plans for street frontage improvements, circulation, and street lighting. Provide evidence that the streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic.
7. Final storm drainage report. Based upon the studies and reports prepared for the project subject to the site construction permit, the city engineer will determine that the site plan and design will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use and enjoyment of properties downstream.
8. Erosion and sediment control plan. Plans prepared pursuant to Chapter 13.104 SMC.
9. Phasing. If the project is designed to be permitted and/or constructed in phases, a site plan showing the phases of development and a written schedule of development is required.
10. Plans. All plans must be drawn to scale, legible, in a reproducible black and white format, and include a north arrow. (Ord. 2022-022 § 1 (Exh. A))
15.06.070 Approval.
A. The director or designee may approve, deny, or approve with conditions an application for a site construction or right-of-way permit. The decision will be based on the following approval criteria:
1. Conformity with adopted city and state codes, rules, and standards in effect on the date the complete application was filed;
2. Consideration of the recommendations or comments of interested parties and those agencies having pertinent expertise or jurisdiction;
3. Compatibility with the existing public facilities and services in the vicinity of the subject project; and
4. Consistency with the adopted city comprehensive and master plans.
B. Subsequent building permits for the subject site will be issued only in compliance with the approved site construction/right-of-way permit. (Ord. 2022-022 § 1 (Exh. A))
15.06.080 Limitation of permit approval and extension of time.
A. A site construction/right-of-way permit approval will be void if the applicant fails to complete construction within two years that has been approved in writing by the public works director; or
B. The public works director designee may grant one or more extensions of the time limits, each of a duration determined by the public works director, if at least one of the following findings is made:
1. The project has not been completed due to causes beyond the applicant’s control, such as litigation, acts of God, unanticipated site conditions, or adverse economic market conditions;
2. The applicant has shown a good faith effort to commence or complete the project within the time previously allotted;
3. Conditions identified as part of State Environmental Protection Act or other permit processes remain appropriate to address project impacts. The public works director has the authority to establish additional site construction permit conditions designed to address incremental changes in project impacts arising or occurring as a result of any extensions of time;
4. The period of the extension granted is reasonable considering conditions warranting the extension and the incremental changes, if any, in project impacts. (Ord. 2022-022 § 1 (Exh. A))
15.06.090 Administration and procedures.
A. The public works director or city engineer may interpret administrative rules and regulations to implement the provisions of this chapter.
B. The requirements and criteria of this chapter in conjunction with other applicable chapters will be applied at the time of application for any development proposal, land use project, or nonproject action requiring permit approval subject to the SMC. Procedures specifically related to the application of this chapter are as follows:
1. Project Permits. The procedures for A-1 permits, as set forth in Chapter 20.01 SMC, apply unless modified by this chapter.
2. Preliminary Design Application Conference. Any applicant intending to construct, grade, or conduct any activity subject to this chapter in a steep terrain, hazardous area, heavy traffic impacts, subjected to storm water inundation, critical area or its buffer is encouraged to schedule a preliminary design conference during the earliest possible stages of project planning to discuss impact avoidance before large commitments have been made to a particular project design. Effort put into preliminary design conferences and planning will help applicants create projects which will be more quickly and easily processed.
3. Burden of Proof. Applications for any proposal subject to this chapter will be reviewed by the public works department for completeness and consistency with this chapter. At every stage, the burden of proof demonstrating that any proposed development is consistent with this chapter is on the applicant.
4. Special Reports. When an area requiring special considerations, such as a critical area, is on site, or the city engineer determines a likelihood that a critical area is on site, the public works director or city engineer may require submittal of additional special reports and studies prepared by qualified specialists to make an assessment or delineation of the critical area.
5. Site Plan. Applications for any proposal subject to this chapter must include a site plan drawn to scale identifying locations of critical areas in addition to proposed structures and activities. Site plan submittal must meet the standards of SMC 20.01.170, Application review – Scope of review.
6. Conditions. The public works director or city engineer may attach any conditions deemed necessary to minimize or avoid impacts to any critical area in order to meet the requirements and intent of this chapter. Development may be prohibited in a proposed site based on criteria set forth in this chapter.
7. Notice to Title and Hold Harmless. Any portion of the property that is the subject of the site construction permit that contains critical areas must include a notice to title as applicable under SMC 18.80.090.
8. Stormwater facilities should be contained within a designated stormwater easement. Applicant must record stormwater easements with the Clallam County auditor and provide a copy to the city of those stormwater easements that are not already provided for on a previously recorded plat.
9. Time Limit. The approvals granted under this chapter are valid for a period of two years from the date of issuance. (Ord. 2022-022 § 1 (Exh. A))
15.06.100 Appeal.
Applicants for a site construction/right-of-way permit have the right to an administrative appeal of the public works director’s denial of a permit or imposition of any permit condition, fee, or deposit. Appeals are handled in accordance with the process outlined in Chapter 20.01 SMC for administrative appeals. (Ord. 2022-022 § 1 (Exh. A))
15.06.110 Bonds.
All bonds and acceptable securities guaranteeing compliance with this chapter will be set in the amounts as follows:
A. Performance Bonds. Except for public agencies, applicants receiving a permit are required to post a performance bond in accordance with Chapter 3.78 SMC in the amount of 125 percent of improvements to guarantee compliance with this chapter before beginning any site work.
B. Maintenance Bonds. Except for public agencies, an applicant is required to post a maintenance bond in accordance with Chapter 3.78 SMC in the amount of 15 percent of improvements, guaranteeing that improvements required by this chapter will perform satisfactorily for a minimum of two years after they have been constructed and approved. (Ord. 2022-025 § 1; Ord. 2022-022 § 1 (Exh. A))
15.06.120 Penalties and enforcement.
Violations of this chapter are enforced pursuant to Chapter 1.13 SMC (Code Enforcement). Violators are subject to the penalties in Chapter 1.12, 1.13, or 8.04 SMC, as may be applicable. (Ord. 2022-022 § 1 (Exh. A))
15.06.130 Speculative grading prohibited.
Speculative grading is prohibited. See SMC 18.82.050. (Ord. 2022-022 § 1 (Exh. A))
15.06.140 Inspections.
A. The provisions of this chapter are administered by the public works department and the city engineer. Whenever the term “administrative authority” is used in this chapter, it means the city engineer or their authorized representative. The administrative authority has the right of entry, during usual business hours, to inspect any and all buildings and premises in performance of their duties. The administrative authority has the authority to promulgate and cause to be enforced such rules and regulations as must be reasonably necessary to enforce and carry out the intent of this chapter.
B. All activities regulated by this chapter must be inspected by or reported in a timely fashion to the administrative authority. Projects will be inspected at various stages to determine that adequate control is being exercised. These inspections will include, but not be limited to, the following:
1. Prior to site clearing and construction;
2. During construction to verify installation of plan components in accordance with the approved plans and specifications, such as installation of paving, utilities, landscaping, and retaining walls;
3. Upon completion of construction and prior to final approval to verify that installation is consistent with the approved plans and specifications. When required, a special inspection and/or testing will be performed by a qualified third-party special inspector. (Ord. 2022-022 § 1 (Exh. A))
15.06.150 Stop work orders.
The city engineer has the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter as set forth in SMC 1.13.120. (Ord. 2022-022 § 1 (Exh. A))
15.06.160 Final.
The permit may be deemed complete and final upon receipt of all the following:
A. CC&R Operations and Maintenance Manual for stormwater facilities.
B. Special inspection and/or geotechnical certifying that all testing inspections (such as for building pads, paving, soils, and structural) have been performed and met the design requirements.
C. Certification from the responsible engineer that all grades, surface drainage, and elevations are per approved plans.
D. Payment of all remaining fees as set forth in Chapter 3.68 SMC. (Ord. 2022-022 § 1 (Exh. A))
15.06.170 As-built drawings.
A. The city reserves the right to reject any installation not inspected and approved by the public works department.
B. Upon completion of the work, the applicant must provide the public works department with as-built drawings in a form acceptable to the city engineer that accurately depict the work performed.
C. No construction work will be accepted or approved until satisfactory as-built drawings are provided.
D. As-built drawings must contain an IAD “installed as designed” letter from the design engineer, for all engineered plans. (Ord. 2022-022 § 1 (Exh. A))
15.06.180 Limitation of liability.
This chapter must not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured with the performance of any work for which a permit has been issued. The city and its officials or employees must not be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work. (Ord. 2022-022 § 1 (Exh. A))