Chapter 16.05 CONTROL OF EROSION AND SEDIMENTATION OF WATERWAYS

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

B. Establish the procedures through which these purposes can be fulfilled. (Ord. 1529 § 1.2, 1991)

16.05.030 Applicability.

The provisions of this chapter shall apply to all clearing and land-disturbing activity as defined in this chapter within the city. Stockpiling and application of other sediment producing materials as defined in this chapter are subject to provisions of SMC 16.05.460. (Ord. 1529 § 1.3, 1991)

16.05.040 Applicability to governmental entities.

All state and federal governmental entities shall be required to comply with the terms of this chapter when developing and/or improving land including, but not limited to, road building and widening within the city limits. (Ord. 1529 § 1.4, 1991)

16.05.050 Exemptions.

The following activities are exempt from the provisions of this chapter:

A. Land-disturbing activities that are currently under construction on the date the ordinance codified in this chapter is effective, have the necessary city and other governmental approvals to begin construction, and are under continuous construction until completion.

B. Proposed land-disturbing activities that currently have all of the necessary approvals to begin construction under the provisions of existing ordinances, provided that construction begins within one year of the effective date of the ordinance codified in this chapter, and that there is continuous construction on the subject property until completion of the project.

C. Common agricultural activities and uses including activities related to crop production, grazing, animal production or keeping, gardening, and clearing for crop or grazing use are exempt from the requirements of the ordinance codified in this chapter except pursuant to Section 5.2.¹ (Ord. 1529 § 1.5, 1991)

16.05.060 Other laws.

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

B. Neither these regulations nor any administrative decision made under it:

1. Exempts the permittee from procuring other required local, state and federal permits or complying with the requirements and conditions of such permits; or

2. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for the relief or damages against the permittee arising from the permitted activity. (Ord. 1529 § 1.6, 1991)

Article II. Definitions.

16.05.070 Definitions generally.

For the purpose of this chapter, certain words and terms used in this chapter are defined as set out in this article. (Ord. 1529 § 2.0, 1991)

16.05.080 Artificial slope.

“Artificial slope” means a human made construction of inclined earth which is designed to perform a specific function in a project or graded area not including pre-existing slopes or man made slopes altered through natural processes such as erosion. (Ord. 1529 § 2.1, 1991)

16.05.090 Bond.

“Bond” means a surety bond, assignment of funds, or irrevocable bank letter of credit to guarantee all work is done in compliance with all applicable city requirements. (Ord. 1529 § 2.2, 1991)

16.05.100 City council.

“City council” means the publicly elected body of local representatives for the incorporated city of Sumner, Washington vested with the power to enact and repeal local laws, regulations, rules, policies, and procedures. (Ord. 1529 § 2.3, 1991)

16.05.110 City engineer.

“City engineer” means the directing engineer for the city. Any act in this chapter requiring the authorization of the city engineer may be done by an authorized employee of the engineering department. (Ord. 1529 § 2.4, 1991)

16.05.120 Civil engineer.

“Civil engineer” means a professional engineer registered in the state of Washington to practice in the field of civil engineering. (Ord. 1529 § 2.5, 1991)

16.05.130 Clearing.

“Clearing” means the removal of vegetation from a site in such a manner as to affect the erosive potential of the soils on a site. (Ord. 1529 § 2.6, 1991)

16.05.140 Construction.

“Construction” means the implementation of all land-disturbing activities. (Ord. 1529 § 2.7, 1991)

16.05.150 Continuous construction.

“Continuous construction” means an orderly sequential construction with no significant delays due to factors within the control of the permittee. (Ord. 1529 § 2.8, 1991)

16.05.160 Drainage.

“Drainage” means water originating from rainfall or other precipitation which is transmitted downhill through sheet flow, rivulets, channels, drainage ditches, pipes, creeks, streams, and rivers. (Ord. 1529 § 2.9, 1991)

16.05.170 Fee schedule.

“Fee schedule” means the list of charges, to permittees or other persons, established by the city council to reimburse the city for time spent in review of permit applications and inspection of potential or actual violations of law. (Ord. 1529 § 2.10, 1991)

16.05.180 Grading.

“Grading” means movement of earth requiring the removal of most or all of the existing vegetation and in sufficient quantities to alter the natural topography and general character of a site. (Ord. 1529 § 2.11, 1991)

16.05.190 Land-disturbing activity.

“Land-disturbing activity” means the clearing or removal of vegetation, or the movement of earth or other sediment producing materials which are in direct contact with the ground. (Ord. 1529 § 2.12, 1991)

16.05.200 Manual.

“Manual” means the 1990 version of the King County, Washington, Surface Water Design Manual by the King County department of public works. (Ord. 1529 § 2.13, 1991)

16.05.210 Notice of violation.

“Notice of violation” means the written document served to a permittee or other person subject to the provisions of this chapter which precedes all forms of enforcement actions including stop work orders, revocation of permits, and assessment of cumulative civil penalties. (Ord. 1529 § 2.14, 1991)

16.05.220 Peak flow.

“Peak flow” means the maximum surface water runoff rate (in cubic feet per second) determined for the two-year 24-hour storm. (Ord. 1529 § 2.15, 1991)

16.05.230 Permanent sediment and erosion control plan.

“Permanent sediment and erosion control plan” means an engineering plan showing all devices, controls, and measures which will be implemented after construction by the permittee to minimize erosion on the subject property and stabilize soils on a long term basis. (Ord. 1529 § 2.16, 1991)

16.05.240 Permittee.

“Permittee” means the person, corporation, or other private or governmental entity applying for or granted a sediment and erosion control permit or sediment and erosion control approval as a part of another permit. (Ord. 1529 § 2.17, 1991)

16.05.250 Rough grading.

“Rough grading” means the preliminary clearing and shaping of a site. (Ord. 1529 § 2.18, 1991)

16.05.260 Sediment and erosion control devices.

“Sediment and erosion control devices” means a mechanism or construction which is designed to either prevent erosion or remove suspended sediment from runoff and shall include but is not limited to silt fences, hay bales, brush barriers, gravel filter berms, inlet protection, sediment traps, sediment basins, mulching, matting, plastic covers, surface roughening, terracing, swales, rip rap, and gabions. (Ord. 1529 § 2.19, 1991)

16.05.270 Sediment and erosion control permit.

“Sediment and erosion control permit” means the city sediment and erosion control permit which is the official approval for land-disturbing activities. (Ord. 1529 § 2.20, 1991)

16.05.280 Sediment and erosion controls.

“Sediment and erosion controls” means all activities undertaken to limit erosion and remove suspended sediment from runoff and shall include but is not limited to all sediment and erosion control devices, vegetative buffers, grading phasing, seasonal construction, permanent vegetation establishment, and proper grading design. (Ord. 1529 § 2.21, 1991)

16.05.290 Slope grade.

“Slope grade” means the ratio of horizontal run to vertical fall on a slope and shall be expressed as a ratio or as a percentage of a one to one ratio. (Ord. 1529 § 2.22, 1991)

16.05.300 Stabilize.

“Stabilize” means to secure soil or deposited sediment so that the rate of erosion is minimized. (Ord. 1529 § 2.23, 1991)

16.05.310 Steep slopes.

“Steep slopes” means slopes which exceed 25 percent slope grade. (Ord. 1529 § 2.24, 1991)

16.05.320 Subject property.

“Subject property” means the tract of land which is the subject of the permit, and/or approval action, and/or inspection of violation, as defined by the full legal description of all parcels involved. (Ord. 1529 § 2.25, 1991)

16.05.330 Temporary sediment and erosion control plan.

“Temporary sediment and erosion control plan” means an engineering plan showing all devices, controls, and measures which will be implemented by the permittee to minimize erosion on the subject property and remove suspended sediment from site runoff during and immediately after the period of construction or other land-disturbing activity. (Ord. 1529 § 2.26, 1991)

Article III. Permit Requirements and Procedures

16.05.340 Permit authority.

The city engineer, or his/her designee, is the designated agent for the issuance of sediment and erosion control permits and approvals in the city. The city engineer shall have the authority to set administrative procedures and policies to carry out the purposes and intent of this chapter, related regulations, and policies. (Ord. 1529 § 3.1, 1991)

16.05.350 Sediment and erosion control permits – When required.

A. Sediment and erosion control permits must be obtained for the following activities:

1. Any proposed land-disturbing activity, fill, or cut involving more than 50 cubic yards of earth.

2. Any proposed clearing of greater than one acre of land.

B. Activities which must obtain the following permits and approvals shall be reviewed for an approval for sediment and erosion control regardless of the amount of land disturbed, but such activities shall not be required to obtain a separate sediment and erosion control permit if they do not fall under the requirements of subsection A of this section:

1. Building permit;

2. Street use and utility permit;

3. Conditional use permit;

4. Preliminary plat and short plat approvals;

5. Shoreline substantial development permit or shoreline substantial development permit exemption. (Ord. 1529 § 3.2, 1991)

16.05.360 Permit applications.

A. Application for sediment and erosion control permits must at a minimum contain the following information:

1. Application form;

2. Clearing and grading plan showing each phase of construction or with a separate construction phasing plan;

3. Construction schedule;

4. Temporary sediment and erosion control plan;

5. Permanent sediment and erosion control plan;

6. Environmental checklist consistent with the State Environmental Policy Act, unless exempt under state law;

7. On potential steep slopes, an area survey may be required by the city engineer;

8. Application fees.

B. The city engineer may require additional information before issuing a sediment and erosion control permit including, but not limited to, a soils engineering report and an engineering geology report. (Ord. 1529 § 3.3, 1991)

16.05.370 Contents of application plans.

Contents of plans shall be consistent with the requirements and examples cited in Chapter 5 of the manual including required written descriptions and calculations. Sediment and erosion control plans shall be prepared and all sediment and erosion control devices shall be designed by a civil engineer. Contents of soils engineering reports and engineering geology reports shall be determined on an individual basis by the city engineer. (Ord. 1529 § 3.4, 1991)

16.05.380 Permit and review fees.

A nonrefundable permit fee shall be collected at the time the application for a sediment and erosion control permit is submitted. The permit fee shall provide for the cost of plan review, administration, management of the permitting process, and inspections of permitted activities. If unscheduled inspections are required for a subject property other than those defined in SMC 16.05.480, city employees’ time for such inspections shall be charged to the permittee and/or other person subject to the provisions of this chapter on an hourly basis. The following schedule is hereby established:

Permit Fee Schedule
Sediment and Erosion Control Permits
	Amount of Fill/Cut	Plan Review and Permit	Scheduled Inspections (3)	Total Permit Fee
50	– 100 cy.	50.00	60.00	110.00
101	– 1000 cy.	100.00	90.00	190.00
1001	– 10,000 cy.	125.00	120.00	245.00
10,001	– 100,000 cy.	175.00	180.00	355.00
100,001	– and up	225.00	*	225.00+

Clearing Only
1	– 5 acres	25.00	60.00	85.00
5	– and up	50.00	90.00	140.00
*Inspections for very large sites will be based on the amount of time the inspections will take and will be assessed at a rate of $25.00 per hour.

Additional unscheduled inspections will also be assessed on an hourly basis at a rate of $25.00 per hour. (Ord. 1529 § 3.5, 1991)

16.05.390 Permit duration.

Sediment and erosion control permits expire one year after the date the permit was issued. The city engineer may extend the period once to an additional 180 days. The city engineer may require additional sediment and erosion controls as a condition of the extension if they are necessary to meet the provisions of this chapter. (Ord. 1529 § 3.6, 1991)

16.05.400 Permit modifications.

Modifications to the provisions of an approved sediment and erosion control permit must be submitted to the city and reviewed by the city engineer for compliance with this chapter. Substantial modifications, as determined by the city engineer, shall require additional permit fees and modification of the approved sediment and erosion control permit. Minor modifications can be approved by a letter of modification from the city engineer. (Ord. 1529 § 3.7, 1991)

16.05.410 Display of approved permits.

Approved sediment and erosion control permits shall be prominently displayed on the subject property at all times during the construction or other activity until completion of the construction or other activity, and the final inspection by the city engineer has taken place. (Ord. 1529 § 3.8, 1991)

Article IV. Standards and Criteria

16.05.420 Minimum requirements.

At a minimum, land-disturbing activities regulated by this chapter as defined in Article III shall comply with the standards and criteria contained in Chapter 5 of the manual and provisions contained in this chapter. When standards are in conflict, the most stringent provisions shall apply. (Ord. 1529 § 4.1, 1991)

16.05.430 Clearing.

In addition to the manual standards, all clearing activities regulated by this chapter as defined in Article III shall conform to the following standards:

A. The project shall be designed to minimize clearing.

B. All clearing limits shall be delineated and clearly flagged in the field prior to the commencement of any clearing or other construction.

C. From April 1st to October 31st, all cleared areas left undisturbed for more than one day shall be stabilized within 10 days, and from November 1st to March 31st, all cleared areas left undisturbed for more than 12 hours shall be stabilized immediately thereafter. Once construction is complete all cleared areas shall be permanently stabilized.

D. Sediment and erosion controls consistent with the manual shall be used on the subject property and shall be installed prior to the commencement of any clearing, grading, or other construction.

E. The subject property shall have only one construction entrance for clearing and grading operations which shall be protected to prevent severe disturbance of soils around the entrance and to prevent sediment transport onto paved surfaces.

F. Temporary sediment and erosion controls shall be maintained by the permittee so that design performance is ensured throughout the duration of the construction.

G. Permanent sediment and erosion controls must be established and be in operation as designed within 30 days of the completion of construction. Temporary sediment and erosion controls shall be removed from the subject property within 30 days after permanent stabilization is achieved. (Ord. 1529 § 4.2, 1991)

16.05.440 Grading.

In addition to the clearing requirements of SMC 16.05.430 and the minimum requirements of SMC 16.05.420, grading activities regulated by this chapter pursuant to Article III shall conform to the following standards:

A. The project shall be designed to minimize changes in grade, cleared areas, and volumes of excavation or fill.

B. The maximum gradient on any artificial slope shall be two feet of horizontal run to one foot of vertical fall and shall be constructed so that erosion is minimized.

C. The permittee shall at all times protect adjacent private properties and public right-of-ways or easements from damage during grading operations. The permittee shall restore public and private property damaged by the project operations to conditions existing at the time of the issuance of the permit. (Ord. 1529 § 4.3, 1991)

16.05.450 Drainage.

All clearing and grading activities in addition to the requirements of SMC 16.05.430 and 16.05.440 shall make provisions for drainage during construction pursuant to the following requirements and those set forth in the manual.

A. Drainage facilities for the conveyance of runoff during construction shall be designed to discharge runoff in a natural and safe location.

B. Downstream properties shall be protected from erosion due to increases in volumes, rates, or peak flows of runoff due to the activities on the subject property. Conveyance structures, sedimentation basins, and traps shall be designed for volumes and rates of runoff from the two-year 24-hour storm without erosive damage to on-site drainage facilities.

C. All runoff from the subject property shall pass through sediment control devices as detailed in the manual before leaving the subject property. (Ord. 1529 § 4.4, 1991)

16.05.460 Controls for other activities.

If greater than 500 cubic yards of any material defined in subsection A of this section is used in any of the activities defined in subsections A and B of this section, then sediment and erosion controls shall be required. This standard is applicable to both existing and proposed activities with the usages defined in sub-sections A and B of this section, regardless of having to obtain permits or approvals under Article III. The applicable materials and activities are:

A. Stockpiling or open storage of topsoil, crushed rock, gravel, saw dust, mulch, bark, wood chips or similar materials.

B. Broadcasting or spreading of the materials defined in subsection A of this section.

The amount and type of sediment and erosion controls for these usages shall be determined by the city engineer on an individual basis. At a minimum these usages shall have properly installed and maintained silt fences, staked hay bales, or similar devices around the perimeter of the activity. (Ord. 1529 § 4.5, 1991)

16.05.470 Additional requirements.

The city engineer may require sediment and erosion controls in addition to those specifically stated in this chapter or in the manual if in the judgement of the city engineer the existing temporary or permanent controls are not sufficiently minimizing erosion and sedimentation of waterways. (Ord. 1529 § 4.6, 1991)

Article V. Steep Slope Erosion Controls²

Article VI. Inspections

16.05.480 Inspection requirements and schedules.

It is the responsibility of the permittee or his/her assignee to notify the city engineer at the completion of the following phases of work for inspections and for scheduling of future inspections:

A. Preconstruction Inspection. Prior to the commencement of any other work, the inspection of sediment and erosion control devices shall take place when installation of all the sediment and erosion control devices has been completed according to approved plans. Only the minimum area necessary for installation of the sediment and erosion control devices shall be cleared and/or graded prior to this inspection.

B. Rough Grading Inspection. When all rough grading is complete inspection of the site shall take place to determine the satisfactory functioning of all sediment and erosion control devices.

C. Final Inspection. Upon completion of all construction, inspection of the site shall take place to determine that all temporary sediment and erosion control devices have been removed and that the site has been permanently stabilized. (Ord. 1529 § 6.1, 1991)

16.05.490 Routine and unscheduled inspections.

Unscheduled inspections may be made by the city engineer in addition to routine scheduled inspections to enforce any of the provisions of this chapter, or wherever the city engineer has reasonable cause to believe that violations of this chapter are present or operating on a property or portions thereof. The city engineer may enter such premises at all reasonable times, for the purposes of inspection or to perform any duty imposed by this chapter; provided that, if such premises or portion thereof is occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof, and demand entry. The city engineer may charge fees for such unscheduled inspections pursuant to SMC 16.05.380 and as set by the city council in the fee schedule. (Ord. 1529 § 6.2, 1991)

Article VII. Bonds and Liability Insurance

16.05.500 Sediment and erosion control bond.

Prior to approval of all sediment and erosion control permits and as a condition of the permit approval, the permittee shall post and maintain a cash sediment and erosion control bond. The sediment and erosion control bond shall be effective during the one-year period of the sediment and erosion control permit and shall be released after the completion of the final inspection and the approval of the city engineer. The sediment and erosion control bond shall provide sufficient funds to pay for damages due to design defects and/or failures in workmanship of sedimentation ponds or construction drainage devices and to guarantee repair of damages resulting from failure to provide adequate sediment and erosion controls. The cash bond shall be at least equal to the total estimated construction cost of the interim and permanent sediment and erosion control devices or $10,000 whichever is greater. (Ord. 1529 § 7.1, 1991)

16.05.510 Liability.

In addition to required bonds, all permittees or their contractors shall maintain a liability policy for the duration of the sediment and erosion control permit in the amount of not less than $500,000 for bodily injury liability (for each occurrence) and for not less than $500,000 for property damage liability (for each occurrence). Such insurance shall include the city of Sumner, its officers and employees as specifically named additional insureds, and shall not be reduced or canceled without 30 days’ written prior notice to the city. Permittees shall present the city with a certificate of insurance before the city shall approve a sediment and erosion control permit. The contractor shall also be licensed and bonded with the state of Washington during the course of the work. (Ord. 1529 § 7.2, 1991)

Article VIII. Enforcement – Variances

16.05.520 Nuisance.

Any condition or activity which violates the provisions of this chapter shall be unlawful and a public nuisance and may be abated as such through stop work orders, revocation of permits, and civil penalties, as well as any other remedies which are set forth in this chapter. (Ord. 1529 § 8.1, 1991)

16.05.530 Stop work orders.

Repealed by Ord. 1782. (Ord. 1529 § 8.2, 1991)

16.05.540 Revocation of permits.

Repealed by Ord. 1782. (Ord. 1529 § 8.3, 1991)

16.05.550 Notice of violation.

Repealed by Ord. 1782. (Ord. 1529 § 8.4, 1991)

16.05.560 Cumulative civil penalty.

Repealed by Ord. 1782. (Ord. 1529 § 8.5, 1991)

16.05.570 Additional remedies.

Repealed by Ord. 1782. (Ord. 1529 § 8.6, 1991)

16.05.580 Compromise settlement and disposition of suits.

The city engineer and the city attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise, or otherwise dispose of a lawsuit when to do so will be in the best interest to the city; provided that a report shall be submitted to the city council in any instance when a compromise settlement is negotiated. (Ord. 1529 § 8.7, 1991)

16.05.590 Variances.

The city engineer may grant a written variance from the provisions of this chapter. All variances must be reviewed and approved by the city council. The following criteria shall be considered when granting a variance:

A. There are unique circumstances applicable to the subject property or to the intended use, such as topography, location or surroundings, that do not apply generally to other properties or classes of use;

B. Such a variance is necessary for the preservation and enjoyment of a substantial property or class of use;

C. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property, water quality, environment, habitat, or improvements in the vicinity;

D. The granting of such variance will not adversely affect any applicable comprehensive drainage or zoning plan;

E. The variance is the minimum necessary to afford relief. (Ord. 1529 § 9.1, 1991)

16.05.600 Appeals.

Repealed by Ord. 1782. (Ord. 1529 § 9.2, 1991)

16.05.610 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 32 (part), 1996)

16.05.620 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 32 (part), 1996)

Code reviser’s note: Section 5.2 of Ord. 1529 was repealed by Ord. 1544.

Code reviser’s note: Section 5.0 of Ord. 1529 was repealed by Ord. 1544.