Chapter 15.24
CLEARING, GRADING, AND STORMWATER MANAGEMENT
Sections:
15.24.020 Design, construction and maintenance – General requirements.
15.24.040 Issuance of permits.
15.24.050 Activities requiring permits.
15.24.055 Activities that do not require a clearing, grading, and stormwater permit.
15.24.060 Classification of clearing, grading and stormwater management construction activities.
15.24.070 Rough grading projects.
15.24.080 Requirements for design and construction.
15.24.100 Enforcement – Authorization.
15.24.130 Suspension or revocation of permit.
15.24.140 Penalty for violation.
15.24.160 Notification of noncompliance.
15.24.010 Purpose and intent.
The purpose of the clearing, grading, and stormwater management code is to: safeguard life, property, public health, and general welfare; minimize water quality degradation; prevent excessive sedimentation of or erosion by surface waters; and prevent the creation of public nuisances such as fouling of surface or groundwater. Furthermore, this section is intended to reduce impacts from land development; preserve and enhance wildlife habitat in and along surface waters; enhance the aesthetic quality of the area waters; minimize erosion; preserve trees; and preserve natural topographic features. These regulations focus on prevention of adverse impacts associated with clearing, grading and stormwater activities rather than remediation of adverse impacts after they have occurred. (Ord. 1199 § 1, 2014).
15.24.020 Design, construction and maintenance – General requirements.
A. The design, construction, and maintenance of all clearing, grading and stormwater management systems and facilities shall comply with the requirements and design standards contained in all the following documents:
1. This chapter.
2. The Washington State Department of Ecology Stormwater Management Manual for Eastern Washington.
3. Any applicable construction specifications, design standards and details as may be approved by the city of Soap Lake.
B. In the event of conflict between the items identified in subsection (A) of this section the most restrictive shall apply. (Ord. 1199 § 1, 2014).
15.24.030 Director.
For the purposes of this chapter only, “director” shall mean the director of the public works department or his/her designee. (Ord. 1199 § 1, 2014).
15.24.040 Issuance of permits.
A. Regulated clearing, grading and/or stormwater activity as defined in SLMC 15.24.050 requires city approval and the issuance of the appropriate permit(s) before initiating any of the regulated activities.
B. Speculative clearing and grading shall be prohibited.
C. For regulated activities, “city approval” means approval of appropriate plans, prepared by the applicant’s engineer(s), indicating compliance with the requirements and design standards specified in this chapter under SLMC 15.24.020. Approval shall be evidenced by the signature of the public works director or designee. Once plans are approved, a permit may be issued by the city. Fees for plan review and permit processing may be charged as established by separate ordinance. Issued permits shall be posted on the construction site at all times when work is underway. To ensure that the actual work in the field conforms with the approved plans, permitted activities shall be inspected by the city during construction. (Ord. 1199 § 1, 2014).
15.24.050 Activities requiring permits.
All clearing, grading or stormwater management construction activities listed below require approved plans and a permit(s). The thresholds are cumulative during a one-year period for any given site.
A. Clearing of 7,000 square feet of land area or more.
B. Earthwork of 10 cubic yards or more. This means any activity which moves 10 cubic yards of earth, whether the material is excavated or filled and whether the material is brought into the site, removed from the site, or moved around on the site.
C. Any clearing or grading within a critical area or buffer of a critical area. Critical areas are defined in the city of Soap Lake critical areas ordinance.
D. Any change of the existing grade by four feet or more. This criterion applies to all permanent changes in grade and grade changes for extended periods of time (60 days or longer) located outside structure footprints.
E. Any work within a public easement, city-owned tract or city right-of-way. Any clearing, grading or landscaping must be approved by the department of public works prior to construction.
F. The creation or addition of new, replaced or new plus replaced impervious surface in the amount of 2,000 square feet or more.
G. Any construction of public drainage facilities to be owned or operated by the city.
H. Any construction of private storm drainage pipes eight inches in diameter or larger.
I. Any modification of, or construction which affects, a privately owned/operated flow control facility or runoff treatment facility. (Does not include maintenance or repair to the condition defined by previously approved plans.) (Ord. 1199 § 1, 2014).
15.24.055 Activities that do not require a clearing, grading, and stormwater permit.
A. All clearing, grading and stormwater management construction activities that do not involve any of the thresholds listed above do not require city-approved clearing, grading and stormwater management plans or a permit.
B. Activities that do not require approved plans or permits must still provide BMPs as necessary to protect water quality.
C. The following activities are unregulated by this chapter even if the criteria in SLMC 15.24.050 are exceeded:
1. Agricultural crop management of existing farmed areas.
2. Cemetery graves involving less than 50 cubic yards of excavation, and related filling per each cemetery plot. (Ord. 1199 § 1, 2014).
15.24.060 Classification of clearing, grading and stormwater management construction activities.
A. A clearing, grading and stormwater management permit may be considered as a component of a building permit or other permit, rather than as a separate permit, if city-approved drawings for such activities are included under the other permit.
B. The director shall specify what submittal and application materials are required for a complete application, including the type of submittals, the required level of detail, the minimum qualifications of preparers of technical documents, and the number of copies that must be submitted.
C. Clearing, grading and stormwater management activities are classified based on type, location and timing of development activity proposed. Table 1 outlines the classifications for clearing, grading and stormwater management activities. Other city processes, approvals and permits may also be required for projects. The director may adjust classifications and permit processing steps for proposed projects which are shown to be in multiple classifications or are otherwise not appropriately classified under the criteria shown in Table 1.
D. Project Classification Table.
|
Project Classification |
Typical Type of Development Activity |
City Permit Which Allows Clearing, Grading and Stormwater Management Construction* |
|---|---|---|
|
Building Projects |
Single-family, duplex construction, commercial, industrial and multifamily construction, additions |
Building Permit |
|
Development Projects |
Subdivision, utility construction outside city right-of-way, clearing and grading only projects including landscaping projects |
Approved Civil Drawings |
|
Right-of-Way Projects |
Construction activities all or partly within the city right-of-way |
Right-of-Way Permit |
|
Rough Grading Projects |
Clearing and/or grading of a site before all final approvals of the entire project |
Rough Grading Permit |
* Construction is allowed only when approved plans for clearing, grading and stormwater management construction are issued with the appropriate permit listed in the table.
(Ord. 1199 § 1, 2014).
15.24.070 Rough grading projects.
A. Rough Grading Prerequisites. At a minimum, to obtain a rough grading permit approval for a project all the following shall have been processed and have received approval:
1. Site plan approval including conceptual utility layout.
2. SEPA review for the entire project completed (if required).
3. Clearing, grading and temporary erosion control construction plans.
4. Resolution of all project feasibility issues (i.e., required off-site easements, significant utility design issues, etc.).
B. Rough Grading Application. Upon completion of the prerequisites listed above, the following information shall be submitted, if applicable, for a rough grading application to be considered complete:
1. Seven sets of rough grading drawings and supporting information stamped and signed by a professional civil engineer.
2. Clear identification of all work proposed under the rough grading application.
3. Clear identification of existing and proposed grades.
4. Clear identification of all areas that will be disturbed.
5. Identification of proposed quantity of earthwork.
6. Identification of proposed erosion control measures.
7. An erosion control plan designed in accordance with the city design specifications.
8. Payment of the appropriate plan review fees.
9. Prior to issuance of rough grading permits, acceptable site restoration assurance (bonding, cash deposits, etc., as specified by the technical committee) shall be posted with the city. (Ord. 1199 § 1, 2014).
15.24.080 Requirements for design and construction.
The city hereby adopts the thresholds, definitions, and minimum requirements found in the Eastern Washington Stormwater Manual.
A. Design and Construction Standard Requirements. The design and construction standards found in this section are required. The director may require additional or modified standards for specific projects or areas based on approved interlocal agreements, identified capacity limitations, significant erosion potential, seasonal factors, or other applicable factors.
B. Checklist. The director of public works shall maintain a checklist of project requirements. For those activities that require preparation of plans (see regulated activities, SLMC 15.24.050), the applicant shall prepare plans that, at a minimum, include the following:
1. Erosion and Sediment Control. All clearing, grading and stormwater management activities shall be designed and constructed to minimize erosion and the transport of sediment.
2. Drainage Facilities. Drainage facilities shall be provided with site improvements as needed to meet the intent of this section. As a minimum, conveyance systems shall be designed to convey the 50-year storm. Culvert crossings of public rights-of-way shall be designed for at least the 100-year storm. Additional analysis may be required and if excessive flooding, erosion and other damage would occur, the design storm may be increased by the director.
3. Water Quality Control. Post-construction stormwater water quality control requirements depend on project and site characteristics. Runoff treatment and pollution source control measures are required of development/redevelopment projects based on the following:
a. If a project creates 2,000 square feet (sf) or more new, replaced, or new plus replaced impervious surfaces, or the project will disturb 7,000 sf or more land, post-construction source control of pollutants is required as specified in the Stormwater Technical Notebook.
Selection and documentation of post-construction operational and structural source controls, and treatment facilities, shall conform with requirements detailed in the Stormwater Technical Notebook. All runoff treatment facilities are required to have an operations and maintenance manual that clearly indicates who is responsible for cleaning, maintenance, and operation of the facility. The director may exempt trails and other linear types of construction projects if not used by motor vehicles and no significant impacts are identified.
4. Water Quantity Control.
a. Post-construction runoff quantity control requirements depend on project and site characteristics. Runoff reduction/on-site stormwater management and flow control facilities are required of development/redevelopment projects based on the following:
i. If a project creates 2,000 square feet (sf) or more new, replaced, or new plus replaced impervious surfaces, or the project will disturb 7,000 sf or more land: runoff reduction/on-site stormwater management, to reduce the quantity of runoff created by the proposed project, is required as detailed in the Stormwater Technical Notebook.
b. Project proponents are required to document the application of permanent runoff reduction/on-site stormwater management techniques, to reduce the quantity of runoff produced by the project. All facilities are required to have an operations and maintenance manual that clearly indicates who is responsible for cleaning, maintenance, and operation of flow control and on-site/runoff reduction facilities.
5. Stabilization of Disturbed Areas. All exposed soil shall be stabilized by suitable application of erosion control and shall be effectively treated to prevent fugitive dust.
6. Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
7. Maintenance. All erosion and sediment control BMPs shall be regularly inspected (minimum once a week and after each storm) and maintained to ensure continued performance of their intended function.
8. Identification of Critical Areas and Associated Buffers. No clearing or grading activity shall take place without first delineating critical areas and buffers. All critical areas shall be delineated and clearly marked on the plans for permits. On-site and off-site critical areas that may be affected by the proposed activity shall be identified. All such on-site areas shall be fenced before any clearing or grading whether a permit is required or not required. These areas shall not be cleared and the vegetation shall not be disturbed.
9. Identification of Easements. Native growth protection easements (NGPE), utility easements, etc., and corresponding setbacks shall be delineated and clearly marked on the plans. These areas shall not be cleared and the vegetation shall not be disturbed without proper approval.
10. Accurately Describe Work Area. Provide a plan showing location of the property where the activity is proposed. Show areas to be cleared and graded, stockpile areas, staging areas, etc.
11. Control of Pollutants Other Than Sediment on Construction Sites. All potential pollutants in addition to sediment that occur on site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater, surface waters, soil, or groundwater.
12. Source Control of Pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to the Eastern Washington Stormwater Manual.
13. Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the site.
14. Other BMPs. Shall be applied as appropriate to mitigate the effects of potential increased runoff and/or decreased runoff water quality to the maximum extent practicable.
15. Separate public and private drainage stormwater facilities for public land and city rights-of-way shall be separate from private stormwater facilities to the maximum extent practicable.
16. Limit Topographic Change.
a. Within structure footprints, this chapter does not limit cuts or fills.
b. Within the structural footprint, plus a 10-foot horizontal buffer, temporary cuts or fills are not limited by this chapter.
c. Outside the structure’s footprint the maximum permitted vertical depth or height of a cut or fill is a total of eight vertical feet.
d. Cut or fill slopes may not exceed 33 percent (3H:1V). Cut and fill slopes for roadways may, however, be designed at 2H:1V upon review and approval by the director.
17. Placement of imported contaminated fill material is prohibited, citywide. (Ord. 1199 § 1, 2014).
15.24.084 Adjustments.
A. Adjustments are permissions granted by the director to deviate from the stormwater requirements for design and construction specified in SLMC 15.24.080 or in the Eastern Washington Stormwater Manual. Adjustments must provide the equivalent (or improved) level of environmental protection. Application for adjustments must include clear written documentation to explain how the proposed adjustments address the following criteria:
1. Provide substantially equivalent (or improved) environmental protection as would be provided if the standard stormwater requirements were met.
2. Reflect sound engineering practices.
3. Meet the objectives of public health, safety, function and maintenance.
4. Avoid damage to other properties in the vicinity of and downstream of the proposal.
B. The director may deny any or all of the requested adjustments, may request additional information including written documentation from qualified specialists, may approve any or all of the requested adjustments, or may approve specific parts of adjustments, either to the extent requested or to a reduced extent. All documentation is to be obtained and paid for by the applicant(s). The director may also require peer review which, if required, is to be paid for by the applicant. (Ord. 1199 § 1, 2014).
15.24.100 Enforcement – Authorization.
The director is authorized and directed to enforce all the provisions of this section. For such purpose, the director may appoint officers, inspectors, assistants and other employees as needed from time to time. The director may authorize such employees, as may be necessary, to carry out the duties and functions of that office. (Ord. 1199 § 1, 2014).
15.24.110 Inspection.
The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter or whenever the director has reasonable cause to believe that any land is being used in violation of this section. Inspections shall be made as follows:
A. As a condition of any permit issued for activity covered by this chapter, the property owner shall be required to consent to entry upon the land by the director at all reasonable times to inspect the same or to perform any duty imposed upon the director by this section. If the land is occupied, the director shall first present proper credentials and request entry. If the land is unoccupied, a reasonable effort shall be made to locate the owner or other persons at the site who are in apparent charge or control of the land and demand entry. If no person is located, the director may enter said property and shall, with due diligence, make attempts to notify the owner, occupant, or other person having charge within a reasonable amount of time.
B. Where the director has reasonable grounds to believe that activities for which a permit is required by this chapter are being conducted without a permit on land within the city, the director may seek to inspect the land and such activity. If the land is occupied, the director shall first present proper credentials and request entry for inspection. If the land is unoccupied, a reasonable effort shall be made to locate the owner or other persons at the site in apparent charge or control of the land and request entry for inspection. If no person is located, or if entry is refused, the director may request the assistance of the city planner, city attorney or police department regarding access. (Ord. 1199 § 1, 2014).
15.24.120 Stop work orders.
A. Whenever any activity is being done contrary to the provisions of this section, the director may order the work stopped by notice verbally or in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the director to proceed with the work.
B. The director may suspend work on any project during periods of inclement weather to reduce actual or potential erosion and/or sedimentation. Such a period may involve days or weeks during storm events or may, at the discretion of the director, involve the entire rainy season.
C. The director may order work stopped because of inadequate on-site erosion/sedimentation controls. In such cases, a revised and improved erosion/sediment control plan (including but not limited to addition of or additional phasing) shall be submitted to the city for review. Once approved, the director shall lift the stop work order and work can continue. If the revised and improved erosion/sediment control plan is found to be inadequate and work is again ordered stopped, then the following shall be required:
1. If it is the rainy season, work will be suspended until the end of the season (until April 30th, or later if weather conditions warrant, and work shall not continue beyond October 1st or earlier if weather conditions warrant).
2. A revised plan shall be required to be submitted to the city public works department. Once approved, work can continue between April 30th and October 1st.
3. An on-site, full-time erosion control inspector (provided by developer) shall be required to monitor all work involving land disturbance. All costs for this inspector shall be paid by the contractor. The inspector shall provide weekly reports to the city regarding all clearing and grading work; monitor all erosion control features; and be a direct contact for the city inspectors. (Ord. 1199 § 1, 2014).
15.24.130 Suspension or revocation of permit.
The director may suspend or revoke a permit whenever the permit is issued on the basis of incorrect information supplied, approved plans are not accurately reflective of actual field conditions, or the work is being done contrary to, or in violation of, any pertinent ordinance, regulation, procedure or permit. (Ord. 1199 § 1, 2014).
15.24.140 Penalty for violation.
All violations of this chapter, including hazards and failure to comply with terms of the clearing/grading permit and conditions, are determined to be detrimental to the public health, safety, and welfare and declared to be public nuisances. All such violations are also criminal gross misdemeanors and punishable as provided in SLMC 1.10.010. All conditions that, after inspection, have been determined by the director to render any site or portion thereof to be used or maintained in violation of this chapter shall be abated. (Ord. 1199 § 1, 2014).
15.24.150 Restoration.
Any work not done in compliance with this chapter or any permit issued pursuant thereto or with any other section of the Soap Lake Zoning Code may be required by the director to be removed or restored to as near pre-project original condition as possible in the sole opinion of the director. Such restoration may include, but shall not be limited to, the following:
A. Filling, stabilizing and landscaping with vegetation similar to that which was removed, cuts or fills;
B. Planting and maintenance of trees of a size that will reasonably assure survival and that replace functions and values of removed trees; and
C. Reseeding and landscaping with vegetation similar to that which was removed, in areas without significant trees where bare ground exists. (Ord. 1199 § 1, 2014).
15.24.160 Notification of noncompliance.
A. If, while fulfilling their responsibility under this chapter, the inspector, the engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the director. Recommendations for corrective measures, if necessary, shall be submitted.
B. The appropriate clearing, grading or stormwater management permit (see SLMC 15.24.060) shall be required regardless of any permit issued by any other department or agency that may be interested in certain aspects of the proposed work. Where work for which a permit is obtained by this chapter is started or proceeding before obtaining such a permit, the work shall be stopped, and the violator shall be subject to such penalties as provided in this chapter. However, the payment of such penalties shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work nor any other penalties prescribed thereon.
C. The director may require that the approved activity, operations and project designs be modified if delays occur which incur weather-generated problems not apparent at the time the permit was issued. (Ord. 1199 § 1, 2014).
15.24.170 Penalties.
Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the work shall be stopped, and special investigation shall be made before a permit may be issued for such work. Work shall not commence during the investigation other than restoration, work on pollution control measures or stabilization approved by the public works director. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by the code. The minimum investigation fee shall be the same as the minimum fee set forth in the standard clearing and grading fee for permit application. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. 1199 § 1, 2014).
15.24.180 Processing fees.
Clearing and grading and stormwater management fees shall be determined by the director, and upon approval by the city council shall be made available to the public.
Before accepting a set of plans and specifications for checking, the director shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as required by the International Building Code. There shall be no separate charge for standard terrace drains and similar facilities. (Ord. 1199 § 1, 2014).
15.24.190 Permit fees.
A fee for each clearing, grading or stormwater management permit shall be paid to the director as set forth in the fee schedule adopted.
Permits may be extended, before their expiration, for up to a total of one year. Inspection fees shall be paid before the start or extension of work and are required for the duration of the project. An additional fee may be charged for processing of a permit extension. (Ord. 1199 § 1, 2014).