Chapter 15.20
CLEARING AND GRADING
Sections:
15.20.010 Legislative findings.
15.20.030 Clearing and grading permit – When required.
15.20.040 Clearing and grading permit – Application requirements.
15.20.060 Clearing and grading permit – Requirements.
15.20.070 Drainage and erosion and sedimentation control.
15.20.080 Clearing and grading permit – Permit revocation and enforcement.
15.20.090 Clearing and grading permit – Expiration.
15.20.100 Bonds and liability insurance.
15.20.110 Hazards and emergency.
15.20.010 Legislative findings.
The city council finds as follows:
A. Clearing and grading activities may cause adverse impacts to surface water quality and quantity, to fish and wildlife habitat and to the aesthetic resources of the city.
B. The potential adverse consequences from clearing and grading activities could further jeopardize human safety, property values and the public welfare.
C. It would promote the public health, safety and welfare to require review and approval of proposed clearing and grading activities that have the potential to cause such adverse impacts and to provide appropriate measures to control the potential adverse consequences thereof.
D. This chapter establishes the administrative procedure for issuance of permits, provides for approval of plans and inspection of clearing and grading operations, and provides for penalties for the violation of this chapter. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.020 Definitions.
As used in this chapter, the words set out in this section shall have the following meanings:
A. “Berm” means a mound or raised area used to screen a site.
B. “Civil engineer” means a professional engineer licensed in the state of Washington to practice in the field of civil engineering.
C. “Clearing” means the cutting or removal of vegetation by physical, mechanical, chemical or other means.
D. “Compaction” means the densification of imported or native soil materials by mechanical means.
E. “Critical root zone (CRZ)” means the minimum area of protection around the trunk of a tree. The CRZ is based on the area that results from measuring, at diameter breast height (DBH), 12 inches outwards from the trunk for every inch of trunk diameter.
F. “Cutting” means the severing of the main trunk of a tree or the severing of stems of any tree or vegetation between the soil surface and a point which represents 25 percent of the vegetation’s total height. Tree cutting shall be limited to branch removal and branch reduction, unless otherwise justified by a TRAQ qualified certified arborist. Where branch removal and branch reduction are not sufficient to address the hazard, trees should be reduced in height to a habitat snag to remove the hazard rather than cut at or near the base of the tree.
G. “Diameter at breast height (DBH)” means the diameter of a tree trunk measured at four and one-half feet above grade.
H. “Director” means the director of the community development department.
I. “Environmentally critical area” or “critical area” means any area so identified pursuant to the critical areas ordinance, codified in Chapter 19.12 SMC.
J. “Erosion” means the wearing away of the ground surface as a result of the movement of wind, water, and/or ice.
K. “Excavation” means the removal of earth material.
L. “Fill” means the deposit of earth material by mechanical means.
M. “Geologist” means a person who has earned a degree in geology from an accredited college or university, with a minimum of four years’ experience in landslide, erosion and seismic hazards identification and mitigation.
N. “Geotechnical engineer” means a person with a Washington State license in civil engineering who has at least four years of professional employment as a geotechnical engineer with experience in landslide, erosion and seismic hazards identification and mitigation.
O. “Grade” means the elevation of the ground surface.
P. “Grading” means any combination of excavating, filling, or disturbance of the soil layer that consists of decaying organic matter.
Q. “Impervious surface” means as defined in SMC 13.10.010.
R. “Land disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative and/or the existing soil topography). Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling, excavation, and compaction. Land disturbing activity does not include tilling conducted as part of agricultural practices, landscape maintenance, or gardening.
S. “Low impact development best management practices (LID BMPs)” means as defined in SMC 15.18.040.
T. “Noxious weeds” means any plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, such as those plants on the State Noxious Weed List contained in Chapter 16-750 WAC, or listed by the King County Noxious Weed Control Board.
U. “Pruning” means removing branches or occasionally roots from a tree or other plant, using approved practices, to achieve a specified objective.
V. “Reclamation” means the final grading and land and vegetative restoration of a site.
W. “Significant tree” means any evergreen tree of at least 15 inches DBH, and any deciduous tree, other than red alder and cottonwood trees, at least 12 inches DBH. Red alder and cottonwood trees of any size are not considered significant trees.
X. “Site” means any lot or parcel of land on which an activity covered by this chapter is performed or permitted. “Site” may include a combination of contiguous lots or parcels on which an indivisible activity covered by this chapter is performed or permitted.
Y. “Slope” means an inclined ground surface, expressed as a ratio of horizontal distance to vertical distance.
Z. “Temporary erosion control” means measures or works needed to control conveyance or deposition of earth, turbidity, or pollutants during construction or site development, but which are no longer needed when the project is completed or when ground conditions have been stabilized by permanent erosion control measures. Temporary erosion control may include on-site or off-site measures.
AA. “Topping” means the indiscriminate placement of cuts to reduce a tree’s size. Topping is not an acceptable pruning practice in the city.
BB. “Tree” means a woody plant, usually with a single main stem or trunk, which reaches a height at maturity of at least 12 feet.
CC. “Vegetation” means live organic plant material growing at or above the soil surface. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.030 Clearing and grading permit – When required.
A. A clearing and grading permit shall be required for all clearing and grading activity except as provided for in subsections B and C of this section.
B. No clearing and grading permit shall be required for the following activities (hereinafter “exempt activities”), regardless of where they are located:
1. Normal and routine maintenance of existing lawns, landscaping, and LID BMPs;
2. Permitted agricultural uses in critical areas as provided for in SMC 19.12.040(A)(9);
3. Emergency tree removal to prevent imminent danger or hazard to persons or property;
4. Normal and routine horticultural activities associated with existing commercial orchards, nurseries or Christmas tree farms. This exception shall not include clearing or grading for expansion of such existing operations;
5. Normal and routine maintenance of existing public and private parks and golf courses. This exception shall not include clearing and grading for expansion of such existing parks and golf courses;
6. Removal of noxious weeds as defined in Chapter 16-750 WAC from areas of geologic instability and the buffers of streams and wetlands;
7. Pruning and cutting of vegetation for maintenance of above-ground utilities, provided all reasonable measures are used to protect any critical area as defined in Chapter 19.12 SMC;
8. Clearing and grading for roads, utilities or trails approved under a residential plat, provided the performance standards of this chapter are met;
9. Clearing associated with an approved building permit, provided the building permit conditions comply with the performance standards of this chapter;
10. Alteration of a critical area that involves clearing and grading if approved under the provisions of the critical areas ordinance, Chapter 19.12 SMC;
11. In an area subject to flood hazard regulation as defined in Chapter 15.12 SMC, grading of less than five cubic yards per calendar year, in accordance with SMC 15.12.160(F)(2).
C. For clearing and grading activity that is not located in a critical area or critical area buffer as defined in Chapter 19.12 SMC or an area subject to flood hazard regulation as defined in Chapter 15.12 SMC, no clearing and grading permit shall be required for the following activities:
1. Clearing of less than 5,000 board feet timber, or clearing of less than 7,000 square feet of brush or vegetation that does not consist of merchantable timber as defined by Chapter 76.09 RCW, on any parcel of land in any single year;
2. On-site excavation or fill with an unsupported vertical height of less than five feet for basements, building footings, retaining walls, parking lots or other structures authorized by a valid building permit;
3. Maintenance of existing driveways or private access roads within the existing graded area, provided the performance standards of SMC 15.20.060 are met;
4. Clearing and grading by a public agency for the following routine maintenance activities:
a. Roadside ditch cleaning, provided the ditch does not contain salmonids;
b. Pavement maintenance;
c. Normal gravel shoulder maintenance;
d. Culvert maintenance;
e. Approved flood control or surface water management facilities maintenance;
5. Cemetery graves;
6. Grading of less than 100 cubic yards or creation of less than 2,000 square feet of new impervious surface. (Ord. 1237 § 2, 2020; Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.040 Clearing and grading permit – Application requirements.
A. Contents of Application. An application for a clearing and grading permit shall be filed with the community development department on a form furnished by the director. No application shall be accepted unless it is completed consistent with the requirements of this chapter. Each 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 locate the proposed site;
3. Identify and describe any critical areas on or adjacent to the site, as defined by Chapter 19.12 SMC;
4. Identify any significant trees to be cut, and/or amounts of vegetation to be removed;
5. Estimate the quantities of work involved;
6. Provide plans and specifications as required in subsections B and C of this section;
7. Include a completed environmental checklist, if required under SEPA, or other statement of compliance with the State Environmental Policy Act and Chapter 19.04 SMC;
8. Identify the geotechnical engineer who will be coordinating the construction work;
9. Be signed by the property owner or his or her authorized agent;
10. Include a written consent to entry of the real property upon which the clearing and grading activity is to occur, and upon which any associated temporary or permanent erosion and sedimentation controls are to be located, for purposes of inspection and enforcement; and
11. Provide such other information as may be required by the director.
B. Plans and Specifications. Each application shall be accompanied by three sets of plans and specifications and other supporting data, including plans for temporary and permanent erosion and sedimentation controls, a soils engineering report and engineering geology report, and such other additional reports as may be required under Chapter 15.18 SMC. Additional sets of plans and specifications shall be provided to the city upon request by the director. When required by the director, the plans and specifications shall be prepared and signed by a geotechnical/civil engineer registered to practice in the state of Washington. To avoid duplication, the director may waive the requirement under this chapter for any report also required by Chapter 15.18 SMC or such other chapter of this code.
C. Information on Plans. Plans shall be drawn to an engineer’s scale on reproducible material and shall be of sufficient clarity to indicate the nature and extent of the work proposed and to show that the provisions of this chapter will be met. 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 information, where applicable, depending on whether the application is for clearing or grading or both:
1. General vicinity of the proposed site(s);
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 grading, and proposed drainage channels and related construction;
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds, and other protective devices to be constructed as a part of the proposed work, together with maps showing the drainage area and the estimated runoff of the area served by any drains in accordance with Chapter 15.18 SMC;
5. Location of any existing or proposed buildings, structures, existing utilities and easements on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners of property which may be affected by the proposed grading operations;
6. Information concerning construction methods, fill material specifications, source of fill material, compaction information, all routes and other construction information when known and applicable to the proposed work;
7. Temporary and permanent erosion and sedimentation control plan;
8. An inventory of significant trees within the project area when significant trees are present. Identification of and location of significant trees and a landscaping and restoration plan, when applicable;
9. If the clearing or grading is proposed to take place in or adjacent to a critical area as regulated in Chapter 19.12 SMC, or in a flood hazard area as regulated in Chapter 15.12 SMC, provide information as required by that chapter; and
10. Other information as may be required by the director.
D. Preapplication Review and Fees. Clearing and grading permits shall require preapplication review pursuant to Chapter 14.20 SMC. The permit fee shall be $500.00, together with actual city costs incurred in processing the clearing and grading permit application, including without limitation any costs incurred by the director for outside engineering or other expert consultant review of the application. An application shall not be deemed complete without payment of the deposit established in preapplication review. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.050 Clearing and grading permit – Application review.
Repealed by Ord. 1293. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.060 Clearing and grading permit – Requirements.
A. Unless otherwise recommended in the approved soils engineering and/or engineering geology report, the requirements for grading activity shall be as follows:
1. Cut Slopes. Slopes shall be no steeper than is safe for the intended use and shall not be steeper than two horizontal to one vertical, unless otherwise recommended by a geotechnical engineer.
2. Fills. Fills which are intended to support structures shall be constructed in conformance with the requirements of this section.
a. Slope Limitation. Fill slopes shall not be constructed on natural slopes steeper than two to one.
b. Preparation of Ground. The ground surface for fills over five feet in height shall be prepared by removing vegetation, topsoil and other unsuitable materials; scarifying to provide a bond with the new fill; and, where existing slopes are steeper than five horizontal to one vertical, by benching into competent material as determined by a geotechnical engineer. The bench under the toe of a fill on a slope steeper than five horizontal to one vertical shall be at least 10 feet wide, unless otherwise recommended by a geotechnical engineer.
c. Fill Material. No material other than earth material shall be used, buried or placed in fills, unless authorized by the director.
d. Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. Deviation from this compaction requirement may be allowed by the director in areas where infiltration facilities (such as bioretention facilities) are planned.
e. Slope Stability. Fills shall be constructed using appropriate materials, compaction methods and construction techniques, so that stable fills are created. Slopes shall be prepared and maintained to control erosion. Except where cut slopes are not subject to erosion, slope protection approved by the director shall be installed immediately upon achieving final grade or as soon as weather permits. Fill slopes shall be no steeper than two horizontal to one vertical.
B. The following requirements apply to clearing and grading activity:
1. Significant Trees. In general, all significant trees shall be preserved in areas designated for open space, setbacks or landscaping. The placement of structures and impervious surfaces in development projects shall be designed to maximize the number of significant trees that can and will be preserved on the site. Grading within the critical root zone of significant trees that are to be retained shall be prohibited to prevent damage to significant trees.
2. Soil Amendment and Maintenance of Moisture Holding Capacity.
a. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent practicable. Soil amendments shall be provided in accordance with the requirements in Chapter 15.18 SMC.
b. Soils in areas that have been cleared and graded shall be amended in accordance with the requirements in Chapter 15.18 SMC.
3. Clearing Generally.
a. The director may require minor alterations in the arrangement of buildings and other elements of the proposed development in order to achieve maximum retention of significant trees.
b. The director may require the applicant to plant replacement trees of a size and species to be approved by the director if significant trees are removed by the applicant as part of the development proposal.
c. Protection techniques are required for significant trees including, without limitation, restrictions on excavations, fills and impervious surfaces within the critical root zone and the requirement of temporary rigid construction fencing around the critical root zone.
d. The director may require, where appropriate, replacement plantings in areas cleared for construction that are not ultimately occupied by structures or other impervious surfaces.
C. The provisions of this section notwithstanding, lands within critical areas as defined by the city critical areas ordinance shall be further subject to the provisions set forth in Chapter 19.12 SMC, and lands within flood hazard areas shall be further subject to the provisions of Chapter 15.12 SMC. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.070 Drainage and erosion and sedimentation control.
A. Temporary erosion and sedimentation control requirements are as follows:
1. An erosion and sedimentation control (ESC) plan and associated required documentation are required for all construction involving a land disturbing activity requiring a clearing and grading permit. The ESC plan shall be prepared in accordance with the Surface Water Design Manual adopted in Chapter 15.18 SMC. The ESC plan shall clearly indicate the construction sequence for establishment of all erosion control work, both temporary and permanent, for the drier season and wetter winter months. The ESC plan shall provide a monitoring discharge point for each plan to allow turbidity monitoring of water being discharged from the site. For projects other than small sites, as defined in the Surface Water Design Manual adopted in Chapter 15.18 SMC, the plan shall be designed by, and carry the seal of, a civil engineer having certified erosion and sediment control lead (CESCL) certification.
2. Erosion and sedimentation control devices shall be installed prior to initiation of construction activities and maintained by the permittee over the entire duration of the project until all possibility for erosion has passed and permanent vegetation has been established, as determined by director.
3. The ESC plan shall be designed to prevent, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, surface waters, and adjacent properties. Turbidity in construction runoff at any monitoring point that exceeds 100 NTUs at any time up to the 10-year/24-hour storm event, as measured at the city’s rain gauge, shall constitute a violation of the clearing and grading permit, subject to stop work and enforcement.
4. Updates to the ESC plan can be required at any time during the term of the permit if the approved ESC plan is found to be ineffective or construction sequencing or other changed site conditions make it necessary to modify the original ESC plan to make it compliant with the requirements of the Surface Water Design Manual adopted in Chapter 15.18 SMC.
B. Permanent erosion control and vegetation restoration shall be as follows:
1. Permanent erosion control shall be considered and set forth in the original design of the project to provide erosion control following completion of clearing and grading and any other construction.
2. Erosion control shall include, but not be limited to, permanently installed landscaping, terracing or other grading design methods, drainage facilities such as ponds or catch basins, and retention or reestablishment of native vegetation.
3. Vegetation shall be restored in accordance with Chapter 17.70 SMC on those areas of the site with land disturbing activities which are not covered by permanent impervious surface improvement (e.g., buildings, parking lots, etc.) within seven days of the completion of grading or clearing, unless seasonal or weather conditions are unfavorable. In this case, temporary erosion control measures shall be installed and maintained until restoration can be completed. The soils shall be stabilized in the area of vegetation restoration prior to that restoration to the satisfaction of the director or designee and in compliance with other applicable soil amendment and landscaping requirements for the project.
C. Maintenance. It shall be the responsibility of the permittee to maintain all erosion control and drainage devices in good operating condition during the lifetime of the permit. The permittee shall clean and repair or replace all erosion control facilities or devices as often as necessary and as directed by the director to maintain their effectiveness and level of performance. In addition, the permittee shall be responsible for assuring that any such facilities damaged during floods, storms, or other adverse weather conditions are returned to normal operating condition within 24 hours of receipt of notice from the director.
D. Exempt activities under SMC 15.20.030(B) and (C) shall use best management practices to control erosion and sedimentation that may result from such activities. The public works director shall make literature explaining the requirements for best management practices for erosion and sedimentation control available at City Hall and on the city website. Any person undertaking any exempt activity shall install erosion and sedimentation control measures in accordance with best management practices prior to commencement of any exempt activity, and shall notify the public works department in writing of intent to perform the exempt activity not less than seven days prior to commencement. The public works department shall inspect the erosion and sedimentation control measures installed, and may require different or additional best management practices be followed. There shall be no charge for such inspection. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.080 Clearing and grading permit – Permit revocation and enforcement.
A. If the director becomes aware of conditions that raise doubts concerning the validity of the original information or plans used to obtain the permit, the director may temporarily suspend work pursuant to the permit, investigate the conditions and, if the director determines that the original design data used to obtain the permit are not valid, he or she may revoke the original permit, and may require the applicant to apply for a new permit.
B. The director may order all or part of the permitted work stopped for any period of time for the following reasons:
1. The applicant fails to comply with the conditions of the permit;
2. The permit was granted on the basis of erroneous information submitted to the city by the engineer or applicant;
3. The weather or weather-created conditions cause off-site or downstream drainage or water quantity or quality problems; or
4. The work has become a hazard to life, endangers property, or adversely affects the use or stability of a public way or drainage course.
C. If clearing or grading inconsistent with the provisions of this chapter, including but not limited to clearing and grading without a permit required by this chapter, has occurred on a site, the director may require the applicant to submit a restoration plan for approval, and to restore the site in accordance therewith. The director may impose a time schedule for completion of the restoration plan. Any violation of this chapter shall further constitute a public nuisance subject to abatement and a misdemeanor subject to penalty of a fine of up to $500.00 and/or imprisonment for 90 days. Each day of violation shall constitute a separate offense. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.090 Clearing and grading permit – Expiration.
A clearing and grading permit shall be valid for one year from the date of issuance by the city. If work authorized by the permit is not completed within this one-year period, or if the work is originally planned to take more than one year, the applicant may apply to the director for a one-year extension, which may be granted subject to reasonable conditions deemed necessary by the director. Any permit applicant shall have 180 days from the date of permit approval by the city to obtain the necessary bonds and meet other permit requirements prior to issuance of the permit. Failure to obtain the necessary bonds and satisfy other permit requirements prior to issuance within this 180 days shall result in expiration of the approval. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.100 Bonds and liability insurance.
A. The director shall require all persons conducting clearing and grading activities that require approval pursuant to this chapter to post bonds or other security acceptable to the city attorney, provided bonds or other security shall not be required for clearing and grading approvals that do not require any reclamation or other performance conditions that could result in the expenditure of city funds to remedy if the applicant failed to comply with such performance conditions. The bond or other security shall be in an amount determined by the director to equal 150 percent of the estimated cost of conformance with the conditions of the clearing and grading permit. The bond or security shall stay in effect until all areas subject to the permit are stabilized as determined by the director. The bond or other security may be released after the director determines that all conditions of the clearing and grading permit, including any monitoring requirements, have been completed satisfactorily. The city may collect against the bond or other security when work is not completed in a reasonable or timely fashion or is found to be in violation of the conditions associated with the clearing or grading permit. The director or his designee shall make a comprehensive inspection of the site to confirm that the permit conditions have been met prior to exoneration of the bond.
B. Violation of Condition of Bond. In the event of a failure to comply with the conditions of any bond posted under this section as determined by the director, the city attorney shall give written notice to the person posting the bond and to the surety of such violation, and failing to obtain response within 10 days after the giving of such notification, the director may order the work required to be satisfactorily completed or perform all necessary corrective work to stabilize and restore disturbed areas and eliminate hazards caused by the failure to complete the work or other violation of condition. The surety executing such bond shall continue to be firmly bound, up to the limits of the bond, under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In no event shall the liability of the surety exceed the amount stated in the bond regardless of the time the bond remains in force.
C. Liability Insurance. The person conducting the clearing or grading activity shall maintain for the duration of the activity a liability insurance policy with limits of $1,000,000 per claimant, $1,000,000 per occurrence and $50,000 property damage, naming the city as an additional insured, and insuring the city against any liability for any accident, negligence, injury or any other claim or liability whatsoever arising from the clearing and grading activity. Proof of insurance shall be provided to the director prior to issuance of the clearing and grading permit. This requirement may be waived for activities for which commercial insurance policies are not available provided the applicant can provide other assurances acceptable to the city. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.110 Hazards and emergency.
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 impacts the safety, use or stability of a public way or drainage channel, the owner of the property upon which the clearing, grading, excavation, embankment or fill is located, or other person or agent in control of the 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. 1198 § 20, 2017; Ord. 1082 § 2, 2011).
15.20.120 Administration.
A. Enforcement. The director is authorized to enforce the provisions of this chapter.
B. Inspections and Other Actions. The director or designee is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
C. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director or designee has reasonable cause to believe that a violation of this chapter may exist, the director or designee may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such property is occupied, a reasonable effort shall first be made to locate the owner or other person having charge or control of the premises to request entry.
D. Decisions. The director shall approve, condition or deny a proposal based on the requirements of this chapter or any enforcement action pursuant to the provisions of SMC 15.20.080.
E. Administrative Rules. The director shall have the authority to adopt administrative rules not inconsistent with the provisions of this chapter that are necessary for the implementation of this chapter and to incorporate best management practices in any alterations authorized under this chapter. (Ord. 1198 § 20, 2017; Ord. 1082 § 2, 2011).