Chapter 16.08
CLEARING AND GRADING
Sections:
16.08.050 Responsibility for administration.
16.08.090 Permit application and application expiration.
16.08.150 Provisions for emergency clearing and grading work.
16.08.160 Clearing and grading management plan.
16.08.170 Performance and maintenance bonds.
16.08.180 Compliance and enforcement.
16.08.010 Title of ordinance.
The ordinance codified in this chapter shall be known and may be cited as the "clearing and grading ordinance" of the Town. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.020 Purpose.
These regulations are adopted for the following purposes and the Public Works Director, or his or her designee, shall consider such purposes as criteria or standards for the issuance of clearing and grading permits under this chapter:
A. To promote and protect the public health, safety, and general welfare of the residents of the Town of Woodway, Washington, through the regulation of clearing and grading activities;
B. To establish administrative procedures for issuance of permits, approval of plans, and inspection of land clearing and grading operations;
C. To minimize adverse stormwater impacts generated by the removal of vegetation and alteration of landforms;
D. To protect water quality from the adverse impacts associated with erosion and sedimentation;
E. To protect environmentally critical areas and their buffers, as defined in Chapter 16.10 of this code, from adverse clearing and grading activities;
F. To promote land development practices, such as low impact development, that:
1. Provide for managing surface water runoff on site,
2. Are consistent with the Town’s natural topographical and vegetational features,
3. Result in minimal disturbance to the Town’s vegetative cover and soils, and
4. Reduce degradation of all watercourses;
G. To preserve and enhance the Town’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees and groundcover;
H. To retain clusters of trees, shrubs, and other groundcover as buffer zones for the abatement of noise, for protection from wind, to reduce air pollution, and to act as a stormwater runoff filter to protect natural watercourses and wetlands;
I. To maximize property values through the preservation of trees and groundcover consistent with the provisions of Chapter 16.12 of this code, Tree Preservation and Management;
J. To ensure prompt development, restoration and replanting after clearing, landfill or grading procedures; to effectively control erosion/sedimentation and surface water runoff velocities during and after clearing, landfill or grading procedures;
K. To implement the goals and objectives of the Washington State Environmental Policy Act; and
L. To provide penalties for the violation of this chapter. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Air pollution" means the presence of contaminants in air in concentrations that prevent the normal dispersive ability of the air and that interfere directly or indirectly with human health, safety, comfort or the full use and enjoyment of property.
"Applicant" means the person, party, firm, corporation, or other entity seeking a clearing and grading permit approval from the Town of Woodway.
"Bench" means a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.
"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.
"Buffer" or "buffer zone" means the area adjacent to the outer boundaries of critical areas including wetlands, habitat conservation areas such as streams and marine shorelines, and/or landslide hazard areas that separate and protect critical areas from adverse impacts associated with adjacent land uses by providing:
1. Protection of slope stability;
2. Attenuation of runoff;
3. Reduction of landslide hazard risks;
4. Shading, input of organic debris and coarse sediments to streams;
5. Additional area for variations in stream or wetland boundaries; and
6. Habitat for wildlife and protection from harmful intrusion.
"Civil engineer" means an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington.
"Clearing" means the cutting, killing, grubbing, removal or degradation of vegetation, including vegetation with a trunk less than eight inches DBH, or other organic material by physical, mechanical, chemical or any other similar means.
"Clearing and grading management permit" is a clearing and grading permit administering a clearing and grading management plan approved pursuant to Section 16.08.160.
"Clearing and grading management plan" is an agreement between the Town and the applicant for the long-term maintenance, management, preservation, and enhancement of property, as approved by the Director.
"Clearing and grading permit" shall mean the written approval of the Town of Woodway to proceed with the act of clearing property within the Town limits of Woodway. Such permit includes the form itself and any associated plans and/or conditions of approval.
"Compaction" means the densification of a fill by mechanical means.
"Critical areas" or "critical area buffers" are those areas defined in and governed by Chapter 16.10 of this code. See Chapter 16.10 of this code for regulations related to critical areas or their buffers referenced in sections of this chapter.
"Cutting" means the severing of a main trunk or stem with an intent to destroy the vegetation, or the removal of more than twenty-five percent of the total vegetative height.
"Design manual" shall mean the version of the Washington State Department of Ecology Stormwater Manual adopted in Section 11.02.020.
"Developed lot, tract or parcel" means any share, portion, or division of real property, whether developed or partially developed, with a structure requiring a building permit.
"Development" shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resources. These activities include, but are not limited to:
1. Subdivisions and short subdivisions;
2. Binding site plans;
3. Planned unit developments;
4. Variances;
5. Shoreline substantial development;
6. Clearing activity;
7. Excavation;
8. Embankment;
9. Fill and grade work;
10. Converting fallow land or undeveloped land to agricultural purposes;
11. Activity conditionally allowed;
12. Building or construction; and
13. Septic approval.
"Development area" shall mean an area where the movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or a change in the existing soil topography occurs as a result of an applicant’s development plans.
"Director" means the Public Works Director, or his or her designee.
"Drainage plan" means a plan for receiving, handling, and transporting surface water or groundwater runoff within the subject property.
"Dry season" shall mean the months of May through September.
"Earth material" means any rock, natural soil, or any combination thereof.
"Ecology" shall mean the Washington State Department of Ecology.
"Emergency clearing and grading work" shall mean:
1. Work to reduce the imminent risk to life or primary residence created by flooding, slope failures, or wildfire; or
2. Work to remove debris from a public or railroad right-of-way after a natural disaster.
"Engineering geologist" shall mean a professional currently licensed in the state of Washington as an engineering geologist.
"Erosion" shall mean the wearing away of the land surface as the result of the movement of wind, water, or ice.
"Excavation" shall mean the removal of material such as earth, sand, gravel, rock, or asphalt.
"Fill" shall mean earth, sand, gravel, rock, asphalt, compost, wood or wood chips or other solid material used to increase the ground surface elevation or to replace excavated material.
"Filling" shall mean the act of placing fill material on any soil surface, natural vegetative covering, or other fill material to raise the ground elevation or to replace excavated material.
"Geotechnical engineer" shall mean a professional engineer currently registered in the state of Washington, qualified due to experience and education in the practice of geotechnical engineering.
"Grade" means the elevation of the ground surface.
1. "Existing grade" means the grade before grading.
2. "Finish grade" means the final grade of the site that conforms to the approved grading plan.
3. "Rough grade" means the stage at which the grade approximately conforms to the approved plan.
"Grading" means any excavation, filling, or removing of the duff layer, or combination thereof.
"Groundcover" means plants such as salal, ferns, mosses, grasses, or other types of vegetation which normally cover the ground, but does not include trees.
"Groundwater" means all water that exists beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands or flows, percolates, or otherwise moves (Chapter 90.44 RCW).
"Groundwater runoff" means that part of the groundwater that is discharged into a stream or as a spring or seepage water.
"Grubbing" shall mean the act of removing vegetation by the roots.
"Hard surface" shall mean an impervious surface, a pervious pavement, or a green roof.
"Impervious" shall mean a hard surface area (e.g., driveway or rooftop) that prevents or impedes the entry of water into the soil, thus causing water to run off the surface in greater quantities or at an increased rate of flow, as defined in Section 11.02.010.
"Land disturbing activity" shall mean any activity that results in movement of earth, or a change in the existing soil cover and/or the existing soil topography. Land disturbing activities include, but are not limited to, grubbing, grading, filling, and excavation.
"Light equipment" means hand-held tools and construction equipment, such as line trimmers, handsaws, wheelbarrows, and post-hole diggers.
"Low impact development (LID)" shall mean a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.
"Material" shall mean earth, sand, rock, asphalt, compost, garbage, wood or wood chips or other solid material.
"Mechanical earth-moving equipment" shall mean motorized equipment used for clearing, earth moving, trenching, paving or excavation.
"Permit" shall mean, unless otherwise noted, the clearing and grading permit or clearing and grading management permit; see "clearing and grading permit" and "clearing and grading management permit."
"Person" means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner of a premises or as the owner’s agent.
"Pervious" shall mean soil or other material that allows the infiltration or passage of water or other liquids.
"Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning, or other direct or indirect actions resulting in the death of a tree or groundcover.
"Replaced impervious surface":
1. For structures, means the removal and replacement of impervious surfaces down to the foundation.
2. For other impervious surfaces, means the removal down to bare soil or base course and replacement.
"Routine landscape maintenance" shall mean keeping a landscape healthy, clean, and safe using hand labor and light equipment to carry out plantings, periodic weeding and fertilizing, other gardening, lawn care, path maintenance, plant pruning, and other jobs for protecting and improving the topsoil, plants, and garden accessories that are undertaken by a person in connection with the normal maintenance and repair of property.
1. This definition does not include tree removal or topping;
2. This definition includes removal of the following vegetation:
a. Any species on the Washington State or Snohomish County Noxious Weed List;
b. English ivy (Hedera helix);
c. English laurel (Prunus laurocerasus) and other laurel species;
d. English holly (Ilex aquifolium);
e. Himalayan blackberry (Rubus armeniacus);
f. Evergreen blackberry (Rubus laciniatus); and
3. This definition does not include work associated with a larger common plan of development that, if combined with the routine maintenance, would require a permit.
"Premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
"Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth’s surface either above or below sea level.
"Sedimentation" means the process or action of depositing sediment.
"Shorelines" means those lands defined as shorelines in the State Shoreline Management Act of 1971.
"Site" means a single lot, or parcel of land with two or more contiguous lots, that are under common ownership or documented legal control, used as a single parcel for a development proposal in order to calculate compliance with the standards and regulations of this chapter. For purposes of this definition:
1. "Documented legal control" includes fee simple or leasehold rights, or an easement, or any combination thereof, which allows uses associated with the overall development proposal; and
2. Lots that are separated only by a public road right-of-way shall be considered to be contiguous.
"Storm drainage system" means publicly owned facilities, including the Town’s municipal separate storm sewer system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
"Stormwater" means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
"Stormwater facility" means a device or system constructed for stormwater runoff quantity control or water quality improvement including but not limited to rain gardens or other bioretention facilities; infiltration facilities; detention pipes, vaults, or ponds; and oil/water separators.
"Stormwater pollution prevention plan" means a document that identifies sources of pollution or contamination at a site and describes the best management practices, activities, and actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
"Stream" means surface waters carried in defined channels or beds, intermittently or perennially, excluding irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial streams, unless used by salmonids or to convey surface water naturally occurring prior to the alteration of the land. A defined channel or bed shall constitute an area which demonstrates clear evidence of passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined channel swales. A channel or bed need not contain water year-round but should show evidence of annual intermittent flow to meet the requirements of this definition.
"Town" means the Town of Woodway, Washington.
"Tree" means a tree with a trunk of eight inches or more in diameter.
"Tree removal" means the removal of a tree, through direct or indirect actions, including, but not limited to:
1. Clearing;
2. Cutting or pruning that causes irreversible damage to roots or trunks;
3. Poisoning;
4. Destroying structural integrity;
5. Filling, excavation, grading, or trenching in the critical root zone of a tree that has the reasonable potential to cause irreversible damage to the tree; and/or
6. Removing more than thirty percent of the total height of the tree.
"Undeveloped lot, tract or parcel" means any share, portion, or division of real estate on which no structure requiring a building permit exists and which may be further developed or subdivided in accordance with the Town’s zoning regulations.
"Vegetation" means any and all organic plant life growing at, below or above the soil surface.
"Water body" means a surface water feature, whether standing or flowing, including, but not limited to, sounds, lakes, ponds, rivers, streams, and creeks including waters of the state.
"Waters of the state" includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the state of Washington.
"Wet season" shall mean the period of the year between October first and April thirtieth. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.040 Applicability.
A. The provisions of this chapter shall apply to clearing and grading work performed on any private lot, parcel, or tract within the corporate limits of the Town of Woodway.
B. Except for work exempted under Section 16.08.080, no person, corporation, or other entity shall engage in any clearing and grading work, as defined in this chapter and required under Section 16.08.070, without first obtaining a permit approved by the Town. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.050 Responsibility for administration.
The Director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Director may be delegated in writing by the Director to persons or entities acting in the beneficial interest of or in the employ of the Town. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.060 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.070 Permit required.
A. A permit is required when a project exceeds any of the following thresholds and is not specifically exempted in Section 16.08.080:
1. Any clearing, grading, and land disturbing activities located within environmentally critical areas and/or their buffers unless the work will take place in a geologic hazard area buffer that is more than fifty feet from the top of the steep slope, in which case, the thresholds below apply.
2. Clearing one-quarter acre or greater.
3. Grading over fifty cubic yards.
4. Land disturbing activities of seven thousand square feet or greater (includes grubbing).
5. Installation of new, replaced, or total of new plus replaced hard surfaces of two thousand square feet or greater (zero threshold in Woodway Highlands neighborhood).
6. Converting three-quarters of one acre, or more, of native vegetation to lawn or landscaped area.
7. Converting two and one-half acres or more of native vegetation to pasture.
8. Installing any drainage system that conveys water off site or creates a new connection to the Town’s stormwater system.
9. Clearing and grading activities associated with the following:
a. Road and street improvements;
b. Plats and short plats.
10. Clearing and grading on undeveloped lots.
B. A permit may be issued under the provisions of this chapter as a stand-alone permit or can be reviewed in conjunction with a land use or building permit application.
C. All permit reviews under this chapter will include review for compliance with the Town’s drainage code, Chapter 11.02 of this code.
D. Nothing herein shall exempt an applicant or property owner from obtaining a tree permit as required by Chapter 16.12 of this code. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.080 Exemptions.
A. A permit is not required for any of the following activities:
1. Clearing and grading required for installation of public improvements by the Town of Woodway.
2. Excavations for the study of soil and groundwater conditions. Excavations in critical areas or their associated buffers shall be governed by Chapter 16.10 of this code.
3. Roadway repairs and overlays within public street rights-of-way for the purpose of maintaining the pavement on existing paved roadways associated with public utility installations. However, a right-of-way permit may be required in accordance with Section 12.04.020.
4. Any exempt activity listed in Section 16.10.050.
5. Removal of any species on the Washington State or Snohomish County Noxious Weed List with hand labor and light equipment; provided, that the removal does not include work associated with a larger common plan of development that, if combined with the noxious weed removal, would require a permit.
B. A permit is not required for routine landscape maintenance when located outside a critical area.
C. A permit is not required within a critical area buffer if the activity will be farther than fifty feet from the top of the steep slope for any of the following activities:
1. Routine driveway, walkway, or trail maintenance, provided such maintenance:
a. Does not increase hard surface area;
b. Does not change more than two thousand square feet of the surface material;
c. Changes the surface material from impervious to pervious; and
d. Is not associated with a larger common plan of development that, if combined with the routine maintenance, would require a permit.
2. Installation of temporary or permanent dewatering wells.
D. A permit is not required for any of the following activities unless they will take place in a critical area or its associated buffer:
1. Removal of dead or diseased groundcover. The property owner shall be required to remove any dead or diseased groundcover which constitutes a public hazard.
2. Routine driveway and walkway maintenance, provided such maintenance:
a. Does not increase hard surface area by more than two thousand square feet of new plus replaced hard surface (replaced hard surface includes a change in material);
b. Is not associated with a larger common plan of development that, if combined with the routine maintenance, would require a permit.
3. Installation and maintenance of public utilities, after approval of the route by the Director.
4. Clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions that have created situations such as toxic releases, flooding, or high fire danger that present an immediate danger to life or property.
5. Routine drainage maintenance of existing, constructed stormwater drainage facilities located outside of a protected area, including, but not limited to, detention/retention ponds, wetponds, sedimentation ponds, constructed drainage swales, water quality treatment facilities, such as filtration systems, and regional storm facilities that are necessary to preserve the water quality treatment and flow control functions of the facility. This exemption does not apply to any expansion and/or modification to already excavated and constructed stormwater drainage facilities.
6. Installation of temporary or permanent dewatering wells.
7. Any excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit, unless a drainage review is required by the Town Engineer. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet (one thousand, five hundred twenty-four millimeters) after the completion of such structure.
8. Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way.
E. Exemptions as described by subsection (B)(1), (D)(1) or (D)(4) of this section shall not apply to any clearing that includes the use of heavy equipment (e.g., trackhoe, etc.), nor shall it be construed to eliminate the requirements of permits obtained before clearing for the purpose of developing the property with substantial permanent improvements such as roads, driveways, utilities or buildings.
F. The exemptions from the requirement to obtain a permit, as provided in this section, do not exempt an applicant or property owner from obtaining other permits required by the Town of Woodway Municipal Code, including but not limited to tree permits as required by Chapter 16.12 of this code. (Ord. 21-626 § 2 (Exh. B), 2021; Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.090 Permit application and application expiration.
A. Application for a permit under this chapter shall:
1. Be on forms provided by the Town;
2. Include payment of permit review fees as set forth in Section 3.32.010; and
3. Grant permission for Town inspectors to enter the property during:
a. Town review of the permit;
b. The life of the permit to ensure compliance with all applicable codes and conditions; and
c. Any required maintenance or monitoring period.
B. Permit applications submitted for review under this chapter shall expire twelve months after the date of filing a complete application unless extended by the Director prior to the twelve-month expiration date. The Director shall extend the application thirty days upon request of the applicant if timely requested. The Director may extend the life of an application further if any of the following conditions exist:
1. A related permit review is in progress; provided the applicant has submitted a complete, timely response to Town requests or the Director determines that unique or unusual circumstances exist that warrant additional time for such response, and the Director determines that the review is proceeding in a timely manner toward a final Town decision; or
2. Litigation against the Town or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.100 Application review.
A. The Director shall review the completed application and determine if the application demonstrates compliance with or can be conditioned to satisfy the following criteria:
1. The proposal is consistent with the purposes of this chapter set forth in Section 16.08.020.
2. The proposal is consistent with the requirements of Section 16.08.140. Not all requirements may apply to applications submitted under the clearing and grading management permit provisions.
3. A proposal for development within a critical area or its associated buffer shall comply with regulations of Chapter 16.10 of this code.
4. A proposal for development within designated shoreline setback areas shall comply with the additional requirements of the Town of Woodway Shoreline Master Program.
5. All additional criteria listed in specific sections of this chapter, as applicable.
B. Approval or Denial.
1. For emergency clearing and grading work:
a. If the application demonstrates compliance with this chapter and other applicable regulations, or can be conditioned to comply, the Director shall approve the permit.
b. If the application does not demonstrate compliance, or cannot be conditioned to comply, the applicant and/or other responsible person shall be subject to the penalty provisions of this chapter and code.
2. For all work other than emergency clearing and grading work:
a. If the application demonstrates compliance with this chapter and other applicable regulations, or can be conditioned to comply, the Director shall approve the permit.
b. If the application does not demonstrate compliance, or cannot be conditioned to comply, the Director shall deny the permit. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.110 Permit expiration.
A. A clearing and grading permit issued under the provisions of this code shall expire eighteen months from the date of issue. One six-month extension may be granted by the Director upon written request. The fee for a permit extension shall be equal to one-half the original permit fee as set forth in Section 3.32.010.
B. A clearing and grading management permit shall be valid for the time period approved by the Director in the clearing and grading management plan and, when applicable, shall match the term of the associated tree management permit. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.120 Permit fee.
Permits issued under this chapter are subject to fees as set forth in Section 3.32.010, including reimbursement of any reasonable related costs that the Town incurs in processing this permit, including, but not limited to, peer review of submitted application materials. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.130 Inspections.
A. Inspections. The Director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
B. Access.
1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that any land, building, structure, premises, or portion thereof is being used in violation with this chapter, the Director may enter the person’s property at reasonable times after notice to and with the permission of the property owner. This provision shall not be interpreted to limit the Town’s rights under this code, any permit or permit application, easement, license, or right arising from a public right-of-way.
2. Failure to permit entry or inspection may result in the following actions or consequences:
a. The Town may at its sole option seek a search warrant from a court of competent jurisdiction.
b. If it is later determined that a violation of this chapter has occurred, the violation shall be assumed to have been occurring from the date of the Town’s original request and to have continued until discovered by the Town. Each and every day shall be a separate violation. This presumption may be overcome by the presumed violator only by clear and convincing evidence that the violation began at a later date. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.140 Grading standards.
A. Grading activities in a critical area or its associated buffer shall comply with Chapter 16.10 of this code.
B. The following standards shall be applicable to all grading activities other than those in a critical area or its associated buffer:
1. Cuts and fills shall conform to the following standards unless otherwise approved by the Director:
a. A slope of cut and fill surfaces shall not be steeper than is safe for both the intended use and soil type and shall not exceed a slope ratio of two horizontal to one vertical.
b. All disturbed areas including faces of cuts and fill slopes shall be prepared and maintained to control erosion.
c. The ground surface shall be prepared to receive fill by removing unsuitable material such as concrete slabs, tree stumps, brush, miscellaneous debris and other materials as determined by the Director.
d. Fill material shall consist of earthen material, organic material or recycled or reprocessed or other materials that are not categorized as dangerous waste under WAC Title 173 and that were produced originally from an earthen or organic material. The following standards apply:
i. Fill material shall have a maximum dimension of less than twelve inches;
ii. Recycled concrete shall be free of rebar and other materials that may pose a safety or health hazard;
iii. Recycled asphalt shall not be used in areas subject to exposure to seasonal or continual perched groundwater, in a critical aquifer recharge area or over a sole-source aquifer; and
iv. Recycled materials that have not been reprocessed to meet the definition of common borrow shall be intermixed with well graded, natural, earthen materials in sufficient quantities and of a suitable size to assure filling of all voids and to assure that the fill can be compacted to ninety percent of the maximum density.
e. Provisions shall be made to:
i. Prevent any surface water or seepage from damaging the cut face of any excavation or the sloping face of a fill; and
ii. Address any surface water that is or might be concentrated to a natural watercourse as a result of a fill or excavation in accordance with the design manual.
f. Benches and any swales or ditches on benches shall be designed in accordance with the design manual.
g. Except when adjacent property owners agree in writing, the tops and toes of cut and fill slopes shall be set back from property boundaries and structures as far as necessary:
i. For the safety of the adjacent properties;
ii. For adequacy of foundation support;
iii. To prevent damage resulting from water runoff or erosion of the slopes; and
iv. To preserve the permitted uses on the adjacent properties.
h. All fill used for structural purposes shall be engineered and compacted to accommodate the proposed use.
2. Access roads to grading sites shall be:
a. Maintained and located to the satisfaction of the Director to minimize problems of dust, mud and traffic circulation; and
b. Located where the permanent access to the site is proposed in the permit application to minimize site disturbance.
3. Signs warning of hazardous conditions, if determined by the Director to exist on a particular site, shall be affixed at locations as required by the Director.
4. Where required by the Director, to protect life, limb and property, temporary construction fencing shall be installed with lockable gates that must be closed and locked when not working on the site. The fence shall be no less than six feet in height and the fence material shall have no opening larger than two inches.
5. Rocks, dirt, mud, vegetation and any other materials used or produced on site in the course of permitted activities shall not be spilled onto or otherwise left on public roadways or any off-site property not specifically authorized as a receiving site under a valid permit.
6. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled on site in a designated controlled area not adjacent to public resources and critical areas. The material shall be reapplied to other portions of the site where feasible.
7. Except as otherwise provided in subsection (B)(2) of this section, areas that have been cleared and graded shall have the soil moisture-holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture-holding capacity. The amendment shall take place between May first and October first.
a. The soil amendment shall meet criteria established in BMP T5.13 of the design manual.
b. The soil amendment requirement does not apply to areas that at project completion are covered by an impervious surface, are constructed as a functional part of an approved drainage facility, or engineered as structural fill or slope. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.150 Provisions for emergency clearing and grading work.
Emergency clearing and grading work may be done immediately but shall require the homeowner to notify the Town in writing within one week that emergency work was started and to file a permit application with the Town within six weeks of the start of emergency work.
A. Permit Application. The applicant shall include on the permit application:
1. A site plan showing the location of the emergency clearing and grading work.
2. Description of work completed or to be performed.
B. Permit Processing. The Town will expedite permitting for failed and dangerous conditions including but not limited to flooding, slope failures, or wildfire.
C. Application Review. In addition to the review criteria and procedure outlined in Section 16.08.100, applications for emergency clearing and grading work shall:
1. Meet the requirements for emergency clearing and grading work as defined in Section 16.08.030.
2. Substantially comply with the grading standards in Section 16.08.140.
D. Inspection. The Director shall inspect the site consistent with Section 16.08.130. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.160 Clearing and grading management plan.
A. A property owner may request a clearing and grading management permit to administer an approved clearing and grading management plan if they propose to perform clearing and grading work:
1. Where circumstances exist rendering compliance with the provisions of this chapter impractical; or
2. Where specific circumstances pose a risk to property, heath, or safety; or
3. Where such compliance would create unnecessary hardships to the owner of land or buildings; or
4. When a property owner wishes to perform clearing and grading work in a critical area or buffer (other than those activities specifically exempted under Section 16.08.080 or 16.10.050).
B. A clearing and grading management permit and plan shall be required under circumstances that include, but are not limited to, the following:
1. When the proposed clearing and grading work:
a. Will take place in a critical area or associated buffer unless specifically exempted under Section 16.08.080 or 16.10.050; or
b. Includes work on adjacent properties under common ownership; or
c. Will take longer than eighteen months to complete.
C. By entering into the clearing and grading management plan, the property owner waives the right to a hearing before the Examiner under this chapter or any other appeal regarding the agreement.
D. Clearing and Grading Management Permit Application. The applicant’s permit application shall include a clearing and grading management plan that meets the definition in Section 16.08.030, demonstrates consistency with the review criteria listed in subsection F of this section, and may include the following:
1. A map that includes a general description of the:
a. Scope of the clearing and grading work.
b. Size, species, condition, and location of the vegetation to be removed.
c. Size, species, and location of replacement vegetation.
i. To the extent allowed by site-specific conditions, the replacement vegetation in critical areas shall utilize a mix of native species intended to increase habitat value and structural diversity.
ii. In addition, within critical erosion or landslide hazard areas or their associated buffers, replacement vegetation that supports soil and slope stability shall be selected.
2. For complex projects, the Director may require a detailed map and/or narrative outlining:
a. The boundaries of the clearing and grading management plan including discrete treatment areas, when appropriate;
b. Existing conditions within each treatment area, including a general description of vegetation and topography;
c. Proposed staging areas and trails; and
d. The purpose and objectives of each proposed treatment.
3. An estimated timeline for activity in each treatment area, including site work, vegetation replacement, and maintenance.
4. Temporary erosion and sediment control details. Clearing and grading operations shall be conducted to expose the smallest practical area of soil to erosion. To control erosion, existing vegetation not proposed for removal shall be retained.
5. Proof of compliance with the regulations in Chapter 16.10 of this code if the plan proposes clearing and grading work in critical areas or their associated buffers.
6. The Director may require geotechnical and/or soils reports if the proposed project includes areas within critical areas or their associated buffers.
7. Phased projects shall clearly state the scope of work and estimated timeline for each phase.
8. A description of other factors influencing clearing and grading management plan design.
E. If any tree removal is included in the proposal, a separate tree permit or tree management permit must be obtained. When a proposed activity requires both a clearing and grading management permit and a tree management permit, the plans shall be integrated into a single set of documents that address the requirements of this chapter, Chapter 16.12 of this code, and, if applicable, Chapter 16.10 of this code.
F. Application Review.
1. In addition to the review criteria and procedure outlined in Section 16.08.100, applications for clearing and grading management permits shall demonstrate compliance with the following criteria:
a. The proposal will minimize, to the extent possible, harm to sensitive flora or fauna species listed as endangered, threatened, sensitive, and candidate species and priority habitats by the State of Washington Department of Fish and Wildlife, or listed as threatened or endangered under the federal Endangered Species Act.
b. Trees and vegetation identified for protection are appropriately safeguarded.
2. The Director may impose conditions that include but are not limited to the following:
a. Depending on site conditions, the Director may require geotechnical or other monitoring during the maintenance period, to be paid for by the applicant.
b. The Director may allow trail maintenance beyond the maintenance bond period.
c. The Director may require a trail design, including trail location, grade, and surface materials, that minimizes the impact on the site.
d. The Director may require phased implementation of the plan.
e. The Director may require special inspection reports by qualified licensed professionals during the construction period.
f. The Director may require that all areas governed by a clearing and grading management plan shall be maintained and managed to prevent degradation and ensure protection of the replanted areas subject to field verification by the Town.
G. Permit Issuance.
1. Upon permit approval and prior to permit issuance, the applicant may be required to submit a copy of their contract with a certified or licensed professional for monitoring, to be paid for by the applicant. The contract must specify that the certified or licensed professional will:
a. Perform site inspections during project construction and submit a report outlining the status of the approved plan activities to the Director as conditioned in the approved permit.
b. Perform annual site inspections for the duration of the required monitoring period. Yearly monitoring reports shall be due to the Town within thirty days of the anniversary of the permit issuance date.
2. Before the permit may be issued, the applicant must pay all fees as set forth in Section 3.32.010, including reimbursement of any reasonable related costs that the Town incurs in processing this permit, including, but not limited to, peer review of submitted application materials.
H. Monitoring. The Town shall have the authority to require that clearing and grading management plans be monitored during project construction and annually after the project is completed to establish that performance standards and conditions have been met.
1. The applicant and his/her representatives shall demonstrate sufficient scientific expertise and capability to implement the clearing and grading management plan, monitor the site, and make corrections if the project fails to meet projected goals.
2. Monitoring reports shall document milestones, successes, problems, and contingency actions of implementing the clearing and grading management plan.
3. The Town shall have the authority to extend the monitoring period, require corrective measures, and/or require additional monitoring reports beyond the initial monitoring period for any project that does not meet the performance standards identified in the clearing and grading management plan, or does not provide adequate replacement for the functions and values of an impacted critical area.
4. The Town shall have the authority to enter the property with one week’s notice by mail to the property owner to inspect the elements of the clearing and grading management plan at any time during the monitoring period. Notice shall be effective two days after the date of postmark.
I. Inspection. The Director may inspect the site consistent with Section 16.08.130. The applicant or any successor in interest shall cooperate with the Director in the making of such inspections.
J. Amendments. Amendments to the approved clearing and grading management plan may only be made with approval of the Director.
K. Recording of Clearing and Grading Management Plan. The Director may require recording of the clearing and grading management plan. If recording is required, the following shall apply:
1. Within thirty days of clearing and grading management permit issuance or before the approved work begins, whichever is sooner, the applicant shall record a notice of the plan with the Snohomish County Recorder’s Office and return the original or a conformed copy to the Town. If the Town does not receive the recorded document within forty days of permit issuance, the permit approval shall be suspended until the document is received.
2. The property owner requesting the clearing and grading management permit and all subsequent owners are bound by the clearing and grading management permit and its associated clearing and grading management plan until a "Completion of Clearing and Grading Management Plan" document is recorded with the Snohomish County Recorder’s Office.
L. Completed Implementation of Clearing and Grading Management Plan.
1. After the Director has determined that the clearing and grading management plan has been successfully implemented but before the monitoring/maintenance period is completed, the applicant can request that the Town prepare a "Completed Implementation of Clearing and Grading Management Plan" document.
2. The document shall:
a. Specify that the plan has been fully implemented;
b. Note when the monitoring period is scheduled to end; and
c. Specify that Town approval is needed at the end of the monitoring/maintenance period.
3. The applicant shall record the document with the Snohomish County Recorder’s Office and return the original or a conformed copy to the Town within thirty days of recording.
M. Completion of Clearing and Grading Management Plan and Monitoring/Maintenance Period.
1. After the successful completion of the required monitoring and/or maintenance period and upon approval by the Director, the applicant can request that the Town prepare a "Completion of Clearing and Grading Management Plan and Monitoring/Maintenance Period" document.
2. The applicant shall record the document with the Snohomish County Recorder’s Office and return the original or a conformed copy to the Town within thirty days of recording. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.170 Performance and maintenance bonds.
A. A performance bond is required to be posted by the owner, developer, or contractor prior to commencing construction for all construction projects that require a permit under this chapter to ensure all required site and public improvements are completed prior to final construction approval and subsequent certificate of occupancy.
B. Typical items covered under the performance bond include public and private improvements as follows:
1. Storm drainage system (conveyance, treatment, detention, retention, etc.);
2. Temporary and permanent erosion and sediment control;
3. Grading and surfacing including walls and rockeries;
4. Restoration and mitigation (after final construction approval, restoration and mitigation are subject to monitoring and maintenance in accordance with Chapter 16.10 of this code).
C. The Director may waive this requirement where the Director reasonably determines that the project poses minimal risk of drainage or erosion contributions to downstream waters, neighboring properties, public properties, or the public.
D. Performance bond duration shall be determined by the nature of the project.
1. Clearing and grading permits and clearing and grading management permits without phased implementation shall be valid for the duration of the permit.
2. Clearing and grading management permits with phased implementation can be valid for either:
a. The entire duration of all phases; or
b. The duration of the next applicable phase; provided, that maintenance bonds for all previous phases have been posted and are still active.
E. Performance bonds shall be in the amount identified in the chart below:
|
Approved Construction Cost Estimate |
Bond Amount |
|---|---|
|
<$50,000 |
200% of approved estimate |
|
$50,000 to $100,000 |
175% of approved estimate |
|
$100,001 to $200,000 |
150% of approved estimate |
|
>$200,000 |
125% of approved estimate |
F. Either the engineer’s cost estimate or contractor’s bid shall be reviewed and approved by the Director for purposes of approving the estimated construction cost and bond contingency.
1. The estimated construction cost shall include the full cost (labor, material, equipment, supervision, overhead, profit, etc.) of all required private and public sitework improvements including mitigation and landscaping as shown on the grading, drainage, erosion control, landscape, and mitigation plans.
2. All estimates or bids shall be itemized and must include material, quantities, units, and total unit price.
3. For subdivisions, the estimate or bid must indicate the private and public improvements separately.
4. The contingency is added to cover mobilization, prevailing wages, oversight, and other such costs to represent the full cost to the Town to complete the construction/installation or required site improvements should the applicant fail to do so.
G. A one-time bond reduction of the performance bond may be granted upon request by the applicant. Upon request, the Director will conduct an inspection to estimate the percent completion of the project. Project completion will be based on the approved plans and construction cost estimate. No more than eighty-five percent of the original bond may be released prior to final construction approval.
H. A maintenance bond is required to be posted after final construction approval to ensure the maintenance of the public and private improvements (as described in subsection A of this section) and to guarantee against defects of workmanship and materials. The amount of the bond is calculated as fifteen percent of the original performance bond amount. The maintenance bond must be in place before the Town will release the performance bond.
1. A maintenance bond for a clearing and grading permit shall be for a period of two years from the date of final construction approval.
2. A maintenance bond for a clearing and grading management permit without phased implementation shall be for the time period approved by the Director in the clearing and grading management plan and, when applicable, shall match the term of the associated tree management permit.
3. Maintenance bonds for each phase of a clearing and grading management permit with phased implementation shall be for the time period approved by the Director in the clearing and grading management plan and may be required to match the term of the associated tree management permit. These maintenance bonds may be required to have the same release date even if they are posted at different times.
I. The Town of Woodway accepts standard bonds and dedicated frozen fund accounts for guaranteeing performance and maintenance. Other types of guarantees may also be approved by the Director.
J. Bond Release.
1. Performance Bond. This bond cannot be released until all bonded site work improvements have been completed and approved and a maintenance bond has been secured. Once these items are complete, the applicant must submit a written request to the Town to release the performance bond. The Town will then submit a written authorization for release of the performance bond to the bonding company or bank.
2. Maintenance Bond. This bond will be released only upon satisfactory completion of the designated maintenance period. The holder shall provide a request for an inspection no more than thirty days prior to bond expiration. The bonded improvements shall be inspected by the Director and written notice will be provided to the applicant that either the improvements are approved and maintenance bond can be released, or that additional work is necessary for approval before bond release.
K. Any failure to satisfy requirements established by law or conditions, including, but not limited to, the failure to provide a monitoring report within thirty days after it is due or comply with other provisions of an approved clearing and grading management plan, shall constitute a default and the Town may demand payment of any financial guarantees or require other action authorized by Town code or any other law.
L. Any funds recovered pursuant to this section shall be used to complete the required mitigation.
M. Depletion, failure, or collection of surety funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, or monitoring. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.180 Compliance and enforcement.
A. Failure to submit an application for a clearing and grading permit shall be a violation under Chapters 1.12 and 1.14 of this code and may be subject to the penalties and enforcement proceedings contained therein.
B. Penalties associated with unauthorized clearing and grading work on property owned by the Town of Woodway shall be assessed against the person, corporation, or other entity engaged in such clearing and grading work.
C. Stop work orders may be issued by the Director whenever there is a violation. The posting of the stop work order on the site shall be deemed adequate notice of the order. A failure to comply with a stop work order shall constitute a separate violation of Chapter 1.14 of this code. (Ord. 20-611 § 2 (Exh. B (part)), 2020)
16.08.190 Appeals.
A. Any decision to approve, condition, or deny a permit under this chapter may be appealed to the Hearing Examiner according to and as part of the appeal procedure outlined in Chapter 2.60 of this code.
B. Prior to processing the appeal, the appeal fee, as listed in Section 3.32.010, shall be submitted to the Town.
C. Timely filing of an appeal shall stay the effect of the order, permit, decision, determination or other action related to the removal of any tree being appealed until the appeal is disposed of by the Hearing Examiner or withdrawn.
D. The Hearing Examiner shall give substantial weight to the Director’s decision and the burden of showing that the Director’s decision was clearly erroneous shall be upon the appellant. (Ord. 20-611 § 2 (Exh. B (part)), 2020)