Chapter 16.08
CLEARING AND GRADING

Sections:

16.08.010    Title of ordinance.

16.08.020    Purpose – Permit criteria.

16.08.030    Definitions.

16.08.040    Exemptions.

16.08.050    Permit required.

16.08.060    Application for permit.

16.08.070    Performance standards.

16.08.080    Expiration of permit.

16.08.090    Bond.

16.08.100    Posting permit.

16.08.110    Building permit or subdivision approval.

16.08.120    Conformance to other standards.

16.08.130    Violation – Penalty.

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 city. (Ord. 1010 § 1, 2010; Ord. 277 § 1, 1981)

16.08.020 Purpose – Permit criteria.

These regulations are adopted for the following purposes and the administrator shall consider such purposes as criteria or standards for the issuance of clearing and grading permits under LFPMC 16.08.070:

A. To promote the public health, safety and general welfare of the citizens of the city;

B. To preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees and groundcover on undeveloped and partially developed property;

C. To promote land development practices such as low impact development that provide for managing surface water runoff on-site and that are consistent with the city’s natural topographical and vegetational features and result in a minimal disturbance to the city’s vegetative cover and soils, and with minimal degradation of all watercourses;

D. To minimize and control surface water and groundwater runoff and diversion of surface water and groundwater in an effective manner to cause less velocity and erosion/sedimentation damage:

1. To minimize the need for additional storm drainage facilities and to reduce additional maintenance expense of removal of debris, and sediment from drainage facilities,

2. To reduce erosion and minimize siltation of streams and wetlands and reduce pollution in Lake Washington by preventing unnecessary removal of trees, groundcover and native soils,

3. To reduce risk of slides, to protect and enhance the fish habitat, to maintain the natural wetlands in a viable manner for wildlife, and to minimize flooding for the safety and general welfare of the citizens;

E. 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 by producing pure oxygen from carbon dioxide, and to act as a stormwater runoff filter to protect natural watercourses and wetlands;

F. To minimize devaluation of property values due to unnecessary destruction of trees and groundcover;

G. 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;

H. To implement the goals and objectives of the Washington State Environmental Policy Act;

I. To implement and further the city’s comprehensive plan;

J. To protect sensitive areas from adverse clearing and grading activities. (Ord. 1010 § 1, 2010; Ord. 489 § 2, 1991; Ord. 333 § 7, 1984; Ord. 277 § 2, 1981)

16.08.030 Definitions.

As used in this chapter:

1. “Administrator” means the planning and building director or a person designated by the mayor.

2. “Air pollution” means the presence of contaminants in the 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.

3. “Best management or development practices (BM/DPs)” and “best management practices (BMPs)” shall mean the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.

4. “Buffer” or “buffer zone” shall mean the zone contiguous with a sensitive area that is required for the continued maintenance, function, and structural stability of the sensitive area. The functions of a riparian buffer (those associated with an aquatic system) include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, interception of line sediments, overflow during high water events, protection from disturbance by humans and domestic animals, maintenance of wildlife habitat, and room for variation of aquatic system boundaries over time due to hydrologic or climatic effects. The functions of terrestrial buffers include protection of slope stability, attenuation of surface water flows from stormwater runoff and precipitation, and erosion control.

5. “Clearing” means the cutting, grubbing, removal or degradation of vegetation by physical, mechanical, chemical or any other means.

6. “Clearing and grading permit” shall mean the written approval of the city of Lake Forest Park administrator to proceed with the act of clearing property within the city limits of Lake Forest Park. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself.

7. “Cutting” means the severing of a main trunk or stem with an intent to destroy the vegetation, or the removal of more than 25 percent of the total vegetative height.

8. “Design Manual” shall mean the 2016 King County Washington Surface Water Design Manual, as now existing, which is adopted by reference in Chapter 16.24 LFPMC.

9. “Developed lot” shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the city zoning code, and which cannot be further subdivided pursuant to city subdivision regulations.

10. “Development” shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivisions and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval.

11. “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 the existing soil topography, occurs as a result of an applicant’s development plans.

12. “Drainage plan” means a plan for receiving, handling and transporting surface water or groundwater runoff within the subject property.

13. “Dry season” shall mean the months of May through September.

14. “Ecology” shall mean Washington State Department of Ecology.

15. “Erosion” shall mean the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep, as well as the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

16. “Excavation” shall mean the removal of material such as earth, sand, gravel, rock, or asphalt.

17. “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.

18. “Filling” shall mean the act of placing fill material (earth, sand, gravel, rock, asphalt, or other solid material) on any soil surface, natural vegetative covering, or other fill material to raise the ground elevation or to replace excavated material.

19. “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, and designated by the owner as the geotechnical engineer of record for the project.

20. “Grading” shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a project site.

21. “Groundcover” means plants such as salal, ferns, mosses, grasses or other types of vegetation which normally cover the ground and includes trees, but not significant trees.

22. “Groundwater runoff” means that part of the groundwater that is discharged into a stream as spring or seepage water.

23. “Grubbing” shall mean the act of removing vegetation by the roots.

24. “Impervious” shall mean a hard surface area (e.g., parking lot 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.

25. “Land disturbance 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, clearing, grading, filling, and excavation.

26. “Light equipment” means hand-held tools and construction equipment, such as line trimmers, handsaws, wheelbarrows, and post-hole diggers.

27. “Low impact development (LID)” shall mean a stormwater management strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings.

28. “Material” shall mean earth, sand, gravel, rock, asphalt, compost, garbage, wood or wood chips or other solid material.

29. “Mechanical earth-moving equipment” shall mean motorized equipment used for clearing, earth moving, trenching, paving or excavation.

30. “Partially developed lot” means a lot or parcel of land upon which a building is located and which is of sufficient area so as to be capable of subdivision in accordance with the subdivision ordinances of the city.

31. “Pervious” shall mean soil or other material that allows the infiltration or passage of water or other liquids.

32. “Permit” shall mean, unless otherwise noted, the clearing and grading permit; see “clearing and grading permit.”

33. “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.

34. “Retention/detention facilities” means facilities designed either to hold runoff for a short period of time and then release it to the natural watercourse or to hold water for a considerable length of time to be consumed by evaporation, plants or infiltration into the ground.

35. “Routine vegetation maintenance” shall mean pruning, weeding, planting annuals, mowing turf lands and groundcover management that is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include felling or topping of trees.

36. “Runoff” means that portion of the precipitation on a drainage area that is discharged from the area in stream channels. Types include surface runoff, groundwater runoff or seepage.

37. “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.

38. “Sedimentation” means the process or action of depositing sediment.

39. “Sensitive area” shall mean any area designated as a sensitive area pursuant to Chapter 16.16 LFPMC.

40. “Significant tree” means any healthy tree six inches or greater in diameter (dbh).

41. “Stormwater pollution prevention plan (SWPPP)” shall mean a report containing a narrative and drawings used to explain and justify the pollution prevention decisions made for a particular project. The narrative contains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings. The drawings and notes describe where and when the various BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved.

42. “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.

43. “Temporary erosion/sedimentation control plan (TESCP)” means a plan that details the practices and structures that will be necessary (site-specific) to control erosion/sedimentation from the construction site.

44. “Tree” means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks that is recognized as a tree in the nursery and arboricultural industries.

45. “Tree removal” means any act which causes a tree to die including, but not limited to, cutting, damage inflicted upon the root system by machinery, storage of materials, and soil compaction; changing the natural grade above the root system or around the trunk; damage inflicted on the tree permitting infection or pest infestation; excessive pruning; paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree.

46. “Undeveloped lot” means a lot or parcel of land upon which no building exists.

47. “Vegetation” means any and all organic plant life growing at, below or above the soil surface.

48. “Wetlands” shall mean land that is inundated or saturated with water, such as swamps, marshes, bogs, and similar areas that under normal circumstances support a prevalence of vegetation typically adapted for life in saturated soil conditions; excluding artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. “Wetlands” may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. Wetlands shall be delineated in accordance with the Washington State Wetlands Identification and Delineation Manual (Department of Ecology Publication No. 96-94).

49. “Wetponds” shall mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants.

50. “Wet season” shall mean the period of the year between October 1st and April 30th. (Ord. 1149 § 1, 2016; Ord. 1010 § 1, 2010; Ord. 650 § 1, 1995; Ord. 499 § 5, 1992; Ord. 489 §§ 3, 4, 1991; Ord. 277 § 3, 1981)

16.08.040 Exemptions.

A. Clearing and grading permit approval is not required for any of the following activities:

1. Removal of trees and groundcover required by emergency situations involving immediate danger to life or property or substantial fire hazards.

2. Removal of dead or diseased trees or groundcover. The property owner shall be required to remove any dead or diseased trees or groundcover which constitutes a public hazard.

3. Routine vegetation maintenance and removal of trees that are not significant trees or groundcover on developed lots when these activities are done for the purpose of general property and utility maintenance landscaping or gardening and provided these activities involve 25 cubic yards of material or less and involve clearing less than 500 square feet of land that has a slope of 15 percent or less.

4. Routine driveway and walkway maintenance shall also be allowed without a permit, provided such maintenance does not increase impervious area more than 100 square feet within a 36-month period. The provisions of this chapter shall still apply to activities requiring the use of a bulldozer, backhoe, bobcat, or other similar mechanical earth-moving equipment. This allowance for additional impervious surface shall not apply to properties whose impervious surface percentage exceeds that allowed by LFPMC Title 18.

5. The removal of the following vegetation with hand labor and light equipment:

a. Invasive and noxious weeds as listed by state and county agencies;

b. English ivy (Hedera helix);

c. Himalayan blackberry (Rubus discolor, R. procerus); and

d. Evergreen blackberry (Rubus laciniatus).

6. Normal operations and maintenance of cemeteries provided the removal or fill does not exceed 50 cubic yards per cemetery plot. This exemption does not extend to site development, tree removal, or work within sensitive areas.

7. Installation and maintenance of public utilities, after approval of the route by the administrator, except in parks or environmentally sensitive areas.

8. Clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as toxic releases, flooding, or high fire danger that present an immediate danger to life or property.

9. Refuse disposal sites controlled by other regulations.

10. Mining, quarrying, excavation, processing, or stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

11. Routine drainage maintenance of existing, constructed stormwater drainage facilities located outside of a protected area, including, but not limited to, detention/retention ponds, wetponds, sediment 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.

12. Roadway repairs and overlays within public street rights-of-way for the purpose of maintaining the pavement on existing paved roadways. For these activities an excavation permit is required per Chapter 12.04 LFPMC, Street Excavations.

B. Exemptions as described by subsection (A)(1), (2), or (3) of this section shall not apply to any clearing which includes the use of a bulldozer or similar mechanical earth-moving equipment, nor shall it be construed to eliminate the requirements of permits being obtained before clearing for the purpose of developing the property with substantial permanent improvements such as roads, driveways, utilities or buildings.

C. The exemptions from the requirement to obtain a clearing and grading permit, as provided in this section, do not exempt an applicant or property owner from obtaining other permits required by the Lake Forest Park Municipal Code, including but not limited to tree removal permits as required by Chapter 16.14 LFPMC. (Ord. 1010 § 1, 2010; Ord. 838 § 2, 2001; Ord. 721 § 2, 1997; Ord. 645 § 1, 1995; Ord. 277 § 5, 1981. Formerly 16.08.050)

16.08.050 Permit required.

A. No person, corporation, or other legal entity shall engage in or cause any land to be cleared without first obtaining a clearing and grading permit from the administrator. Permits are required as follows:

1. A minor clearing and grading permit will be required for clearing, grading and excavation activities that involve any of the following:

a. Resurfacing existing impervious surfaces and other paved areas using mechanical earth-moving equipment; or

b. Moving more than 25 but less than 50 cubic yards of material; or

c. Adding more than 100 but less than 250 square feet of impervious surface area; or

d. Clearing more than 500 but less than 2,000 square feet of land.

2. A major clearing and grading permit will be required for clearing, grading and excavation activities that involve any of the following:

a. Moving 50 cubic yards or more of material; or

b. Adding 250 square feet or more of impervious surface area; or

c. Installing any drainage system that conveys water off-site or creates a new connection to the city stormwater system; or

d. Clearing 2,000 square feet or more of land.

B. Clearing and grading on vacant lots which is not specifically exempt under LFPMC 16.08.040 shall require a major clearing and grading permit.

C. Nothing herein shall exempt an applicant or property owner from obtaining a tree removal permit as required by Chapter 16.14 LFPMC. (Ord. 1010 § 1, 2010; Ord. 838 § 1, 2001; Ord. 721 § 1, 1997; Ord. 432 § 1, 1989; Ord. 277 § 4 1981. Formerly 16.08.040)

16.08.060 Application for permit.

An application for a clearing and grading permit shall be submitted on a form provided by the city and shall be accompanied by such of the following documents and information as are deemed necessary by the administrator:

A. Two copies of a map or plat plan with adequate scale as determined by the administrator and including:

1. Existing and proposed contours (five-foot interval maximum);

2. Location of streams;

3. Location of environmentally sensitive areas;

4. Location of existing and proposed utilities including storm drainage collection and conveyance systems;

5. Location of existing structures/improvements;

6. Location of proposed improvements;

7. Location of excavations;

8. Placement of excavated material or fill;

9. Location, type and size of existing trees and groundcover;

10. Grading limits shown with identification of trees and groundcover to be removed; and

11. Estimated quantities of cut and fill;

B. A statement indicating method to be followed and a proposed time schedule for clearing, land restoration, implementation of erosion control, and any excavation, or construction of improvements for roads and/or utilities;

C. A permanent drainage plan indicating type of fill, retention or detention plan to control surface water runoff. Permanent drainage plans shall be in accordance with Chapter 16.24 LFPMC;

D. Activities approved under minor clearing and grading permits shall meet the abbreviated ESC requirements in Appendix C of the Design Manual adopted in Chapter 16.24 LFPMC. Major clearing and grading activities require developing a stormwater pollution prevention plan in accordance with Chapter 2 of the Design Manual;

E. The permit fee for clearing and grading shall be as established periodically by city council resolution; such fee may be waived at the discretion of the city council;

F. A temporary erosion/sedimentation plan (TESCP) indicating grading limits and measures to control erosion/sedimentation during construction activities;

G. Other information deemed necessary by the administrator. (Ord. 1010 § 1, 2010; Ord. 787 § 1, 1999; Ord. 499 § 5, 1992; Ord. 439 § 10, 1989; Ord. 326 § 9, 1984; Ord. 277 § 6.1(a) – (e), (h), 1981)

16.08.070 Performance standards.

Erosion and sediment controls shall be applied as specified by the temporary erosion and sediment control measures and performance criteria and implementation requirements in the Design Manual adopted in Chapter 16.24 LFPMC. A stormwater pollution prevention plan (SWPPP) shall be required for any development meeting the threshold for a major clearing and grading permit. All of the performance standards in this section are required unless an exemption from a particular standard is clearly justified in the narrative of the construction SWPPP.

A. Minimize Potential Impacts. All grading and clearing activities shall be conducted so as to minimize potential adverse effects of these activities on forested lands, significant trees, surface water quality and quantity, groundwater recharge, fish and wildlife habitat, adjacent properties, and downstream drainage channels. The applicant shall attempt to prevent impacts and minimize the clearing of naturally occurring vegetation, retain existing soils, and maintain the existing natural hydrological functions of the site.

B. Stormwater Consistency of Standards. All standards under this code shall be consistent with the latest version of the Design Manual.

C. Clearing and Grading Limits. Clearing and grading activities for developments shall be permitted only if conducted pursuant to an approved site development plan (e.g., subdivision approval, site plan approval, etc.) that establishes permitted areas of clearing, grading, cutting, and filling in accordance with this chapter and Chapter 16.14 LFPMC (Tree Protection and Replacement). When establishing permitted clearing and grading areas, consideration should be given to minimizing removal of existing trees and minimizing disturbance/compaction of native soils except as needed for building purposes. Permitted clearing and grading areas and any other areas required to preserve sensitive areas, buffers, native growth protection easements, or tree retention areas shall be delineated on the site plans and the development site.

D. Land Disturbance Limits. All clearing limits, sensitive areas and their buffers, and significant trees that are to be preserved within the construction area shall be clearly marked, both in the field and on the plans, prior to beginning land disturbing activities, including clearing and grading.

E. Natural Features Preservation. Land disturbance activity shall be undertaken in such a manner so as to preserve and enhance the city of Lake Forest Park’s natural features. Natural features include significant trees, landmark trees (as defined in Chapter 16.14 LFPMC,) important vegetation species, and unique landforms or other natural features and shall be preserved to every extent practical.

F. Site Containment. Erosion, sediment, and other impacts resulting from any clearing and grading activity shall be contained on the site. Containment of such impacts may require temporary erosion/sedimentation control measures during and immediately following clearing and grading activities. The faces of slopes shall be prepared and maintained to control erosion. Check dams, riprap, plantings, terraces, diversion ditches, sedimentation ponds, straw bales, or other devices or methods shall be employed where necessary to control erosion and provide safety. Devices or procedures for erosion protection shall be initiated or installed as soon as possible during grading operations and shall be maintained in operable condition by the owner.

G. Protection of Adjacent and Downstream Properties and Waterways. Downstream properties and waterways shall be protected from erosion during construction due to temporary increases in the volume, velocity, and peak flow rate of runoff from the site. Downstream analysis is necessary if changes in flows could impair or alter conveyance systems, stream banks, bed sediments or aquatic habitat. Where necessary to protect waterways and properties, stormwater retention or detention facilities shall be constructed as one of the first steps in grading. Detention facilities shall be functional prior to construction of site improvements (e.g., impervious surfaces). If permanent infiltration ponds are used for flow control during construction, these facilities should be protected from siltation during the construction phase.

H. Install Sediment Controls. Stormwater runoff from disturbed areas shall pass through a sediment pond, or other appropriate sediment removal BMP, prior to entering a storm drain inlet, leaving a construction site, or discharging to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment removal BMP, but shall meet the flow control performance standard of the Design Manual adopted in Chapter 16.24 LFPMC. Sediment removal BMPs (sediment ponds, traps, filters, etc.) shall be constructed as one of the first steps in grading. These BMPs shall be functional before other land disturbing activities take place. BMPs intended to trap sediment on-site shall be located in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off-channel areas or drainages. If protection is inadequate and deposition occurs on the adjoining property, public right-of-way, or drainage system, the contractor shall immediately remove the deposited sediment and restore the affected area to its original condition.

I. Construction Access. Construction vehicle access shall be, whenever feasible, limited to one route. A temporary access road shall be provided at all sites. Access surfaces shall be stabilized to minimize the tracking of sediment onto adjacent roads by utilizing quarry spalls, crushed rock or other equivalent BMPs. Other measures may be required at the discretion of the administrator in order to ensure that construction vehicles do not track sediment onto public streets, or wash it into storm drains. All approach roads shall be kept clean. Wheel wash or tire baths shall be located on-site if the stabilized construction entrance is not effective in preventing sediment from being tracked onto public roads. Sediment shall be removed from roads by shoveling or pickup sweeping and shall be transported to a controlled sediment disposal area. Street washing will be allowed only after sediment is removed in this manner. If sediment is tracked off-site, public roads shall be cleaned thoroughly at the end of each day, or more frequently during wet weather. Street wash wastewater shall be controlled by pumping back on site or otherwise be prevented from discharging into systems tributary to state surface waters.

J. Stabilization of Disturbed Areas. All exposed soil shall be stabilized by application of suitable BMPs and soil stabilization measures, including but not limited to sod or other vegetation, plastic covering, mulching, or application of base course(s) on areas to be paved. Soil stabilization measures selected should be appropriate for the time of year, site conditions, estimated duration of use, and potential water quality impacts that stabilization agents may have on downstream waters or ground water. Soils shall be stabilized at the end of the shift before a holiday or weekend if needed based on the weather forecast. All BMPs shall be selected, designed, and maintained according to the approved manual by the administrator. From October 1st through April 30th, no unworked soils shall remain exposed for more than two days. From May 1st through September 30th, no unworked soil shall remain exposed for more than seven days. Soil stockpiles must be stabilized from erosion, protected with sediment-trapping measures, and, where possible, be located away from storm drain inlets, waterways and drainage channels. Linear construction activities, including right-of-way and easement clearing, roadway development, pipelines, and trenching for utilities, shall be conducted to meet the soil stabilization requirement.

K. Dust Suppression. Dust from clearing, grading, and other construction activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrainment. The administrator shall approve any dust suppressants used. Petrochemical dust suppressants are prohibited. Watering the site to suppress dust is also prohibited unless it can be done in a way that keeps sediment out of the drainage system.

L. Erosion and Sedimentation Control. Erosion and sedimentation control BMPs shall be designed and implemented appropriate to the scale of the project and necessary to prevent sediment from leaving the project site, including, but not limited to, the standards and requirements described in this chapter and in the Design Manual.

1. In addition to the measures in this and other codes and ordinances, the administrator may impose the following erosion control measures, or other additional measures, as appropriate for the project:

a. Performance monitoring to determine compliance with state water quality standards, or more stringent standards if adopted by the city.

b. Funding additional city inspection time, up to a full-time inspector.

c. Stopping work if necessary to control erosion and sedimentation.

d. Construction of additional siltation/sedimentation ponds.

e. Use of erosion control blankets, nets, or mats in addition to or in conjunction with straw mulch.

2. If the initially implemented erosion and sedimentation BMPs do not adequately control erosion and sedimentation, additional BMPs shall be installed, including but not limited to the extraordinary BMPs described in subsection (L)(1) of this section. It is the contractor’s responsibility to ensure sediment does not leave the site in an amount that would violate applicable state, county, or city water quality standards. The city of Lake Forest Park has the authority to enforce state and county water quality standards, or, if adopted by the city of Lake Forest Park, more stringent water quality standards.

3. The timing/sequencing requirements for implementing/removing erosion and sedimentation control measures are as follows:

a. The contractor must install sediment removal BMPs prior to all other clearing, grading, or construction. These BMPs must be functional before other land disturbing activities take place.

b. The contractor must remove all temporary erosion and sediment control BMPs within 30 days after final site stabilization or after the BMP is no longer needed, per agreement of the administrator. Before removing such BMPs, the contractor must remove trapped sediment or stabilize on-site. Any soils disturbed during sediment removal must be permanently stabilized by the contractor.

c. The contractor must complete the required permanent erosion control within seven days of completed grading unless the weather is unsuitable for transplanting. In that case, the contractor must maintain temporary erosion control until permanent restoration can be completed. The period between work completion and final planting shall not exceed one year without written authorization from the administrator.

M. Native Soil Protection and Amendment.

1. The duff layer and native topsoil should be retained in an undisturbed state to the maximum extent practicable. Any soils disturbed in the site development process that are in areas to be counted toward native vegetation requirements must be amended to meet the native vegetated landscape specifications in Appendix C of the Design Manual adopted in Chapter 16.24 LFPMC.

2. All areas subject to clearing and grading that have not been covered by impervious surface, incorporated into a drainage facility or engineered as structural fill or slope shall, at project completion, demonstrate compliance with the native vegetated landscape specifications in Appendix C of the Design Manual adopted in Chapter 16.24 LFPMC.

N. Stabilize Channels and Outlets. Temporary on-site stormwater conveyance systems shall be designed, constructed, and stabilized to prevent erosion from leaving the site and affecting properties, streams, and wetlands downstream of the clearing and grading activity. Stabilization measures shall be provided which comply with local BMPs at stormwater conveyance system outlets to prevent erosion of outlets, adjacent streambanks, slopes, and downstream reaches or properties.

1. All temporary on-site conveyance channels shall be designed, constructed and stabilized pursuant to requirements of the Design Manual adopted in Chapter 16.24 LFPMC.

2. Stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

O. Protection of Sensitive Areas. The function and values of all sensitive areas, including all stream types, geologically unstable areas, critical aquifer recharge areas, frequently flooded areas, wetlands, and fish and wildlife conservation areas or habitats, and their sensitive areas buffers located on or adjacent to the site shall be protected from clearing and grading activities that result in sedimentation, erosion, and degradation. Such impacts shall be avoided by appropriate use of setbacks, erosion, and sediment control measures and other appropriate best development and management practices consistent with Chapter 16.16 LFPMC, Environmentally Sensitive Areas.

P. Protection of Pervious Area. For projects proposing on-site stormwater management, all areas designated as permanent pervious areas or permanent infiltration areas shall be protected from compaction.

1. Permanent pervious areas include parts of the site paved with pervious surfacing, and vegetated dispersion areas. Permanent infiltration areas include designated infiltration trench and bioretention facilities.

2. At no time shall temporary sediment control ponds be located in permanent pervious areas, as this activity will reduce the long-term hydrologic function of the pervious area.

3. At no time shall construction materials, equipment, or topsoil be stored in permanent pervious areas.

4. At no time shall heavy construction equipment enter permanent pervious areas. Long-arm excavation equipment may be used to reach into these areas so long as the equipment tracks or wheels do not enter the pervious area.

Q. Avoidance of Hazards. Land disturbance activities shall not result in off-site physical damage, nor pose a danger or hazard to life or property. Such activities shall neither contribute to nor create landslides, accelerated soil creep, or settlement of soils.

R. Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with the requirements of this section. The applicant shall:

1. Submit a geotechnical report, prepared by a geotechnical engineer, when required pursuant to Chapter 16.16 LFPMC, Environmentally Sensitive Areas, for qualified professional reports.

2. Minimize clearing and grading on slopes 15 percent or greater and meet any sensitive earth conditions performance standards set forth in Chapter 16.16 LFPMC.

3. Comply with the land use code restrictions applicable to slopes 40 percent or greater and to areas of colluvial or landslide deposit on slopes of 15 percent or greater.

4. Limit the maximum gradient of artificial slopes to no steeper than 2:1 (two feet of horizontal run to one foot of vertical fall) unless a geotechnical engineering report and slope stability analysis is provided and shows that a factor of safety of at least 1.5 for static loads and 1.1 for pseudostatic loads can be met.

5. Do no clearing, excavation, stockpiling, or filling on the potential slide block of an unstable or potentially unstable slope unless it is demonstrated to the administrator’s satisfaction that the activity would not increase the load, drainage, or erosion on the slope.

6. Do no clearing, excavation, stockpiling, or filling on any unstable or potentially unstable areas (such as landslide deposits) unless it is demonstrated to the administrator’s satisfaction that the activity would not increase the risk of damage to adjacent property or natural resources or injury to persons.

7. Intercept any groundwater, subsurface water, or surface water drainage encountered on a cut slope and discharge it at a location approved by the administrator in consultation with the city of Lake Forest Park public works and engineering departments. Off-site stormwater (run-on) or groundwater shall be diverted away from slopes and undisturbed areas with interceptor dikes, pipes and/or swales. Off-site stormwater should be managed separately from stormwater generated on the site.

8. Design and protect cut and fill slopes to minimize erosion.

9. Excavated material shall be placed on the uphill side of trenches, consistent with safety and space considerations.

10. Check dams shall be placed at regular intervals within constructed channels that are cut down a slope.

11. At the top of slopes, collect drainage in pipe slope drains or protected channels to prevent erosion pursuant to requirements in the Design Manual. Temporary pipe slope drains shall handle the expected peak 10-minute flow velocity from a Type 1A, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year, 1-hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis shall use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis shall use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. Bare soil areas should be modeled as landscaped area.

S. Control of Other Pollutants. Construction site operators must properly handle and dispose of other pollutants that are on-site during construction so as to avoid possible health risks or environmental contamination. Direct and indirect discharge of pollutants to the drainage system, sensitive areas, wetlands, streams, or any other adjacent properties is prohibited.

1. All pollutants, including waste materials and demolition debris, that occur on-site shall be handled and disposed of in a manner that does not cause contamination of stormwater.

2. Cover, containment, and protection from vandalism shall be provided for all chemicals, liquid products, petroleum products, and other materials that have the potential to pose a threat to human health or the environment. On-site fueling tanks shall include secondary containment.

3. Maintenance, fueling and repair of heavy equipment and vehicles shall be conducted using spill prevention and control measures. Contaminated surfaces shall be cleaned immediately following any spill incident.

4. Wheel wash or tire bath wastewater shall be discharged to a separate on-site treatment system or to the sanitary sewer with local sewer district approval.

5. Application of fertilizers and pesticides shall be conducted in a manner and at application rates that will not result in loss of chemical to stormwater runoff. Manufacturers’ label requirements for application rates and procedures shall be followed.

6. BMPs shall be used to prevent or treat contamination of stormwater runoff by pH modifying sources. These sources include, but are not limited to: bulk cement, cement kiln dust, fly ash, new concrete washing and curing waters, waste streams generated from concrete grinding and sawing, exposed aggregate processes, dewatering concrete vaults, concrete pumping and mixer washout waters. Construction site operators shall adjust the pH of stormwater if necessary to prevent violations of water quality standards.

7. Construction sites with significant concrete work shall adjust the pH of stormwater if necessary to prevent violations of water quality standards. Construction site operators must obtain written approval from the Department of Ecology prior to using chemical treatment other than CO2 or dry ice to adjust pH.

T. Dewatering Devices.

1. Foundation, vault, and trench dewatering water which have similar characteristics to stormwater runoff at the site shall be discharged into a controlled conveyance system prior to discharge to a sediment pond. Channels must be stabilized as specified in the Design Manual.

2. Clean, nonturbid dewatering water, such as well-point groundwater, can be discharged to systems tributary to state surface waters, provided the dewatering flow does not cause erosion or flooding of receiving waters. These clean waters should not be routed through stormwater sediment ponds.

3. Highly turbid or contaminated dewatering water shall be handled separately from stormwater.

4. Other disposal options, depending on site constraints, may include:

a. Infiltration.

b. Transport off-site in a vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not pollute state waters.

c. On-site treatment using chemical treatment or other suitable treatment technologies.

d. Sanitary sewer discharge with local sewer district approval.

e. Use of a sedimentation bag with outfall to a ditch or swale for small volumes of localized dewatering.

U. Slash Removal. Slash from clearing shall preferably be chipped and spread across the site within one year of project completion.

V. Revegetation. The site shall be revegetated and landscaped as soon as practical, in accordance with a revegetation plan, approved by the administrator.

1. A permanent revegetation plan, utilizing vegetation that is known to have a high natural survival rate, shall be implemented consistent with Lake Forest Park’s landscaping, tree protection and replacement, and permanent revegetation regulations.

2. Where permanent revegetation measures are not in place within seven days in the dry season and two days in the wet season, the applicant shall provide temporary revegetation or stabilization measures in accordance with the recommendations of the Design Manual, and maintain such measures in good condition until the permanent revegetation measures are installed and inspected by the city of Lake Forest Park.

a. Temporary revegetation during the dry season for disturbed areas of the site (exposed and unworked) that are not covered by permanent improvements such as buildings, parking lots, and decks shall be hydro-seeded and irrigated within seven days until vegetation has been successfully established or the site otherwise revegetated or stabilized using straw mulch, or other approved methods on an interim basis.

b. Temporary revegetation during the wet season for disturbed areas of the site (exposed and unworked) that are not covered by permanent improvements such as buildings, parking lots, and decks shall be hydro-seeded, otherwise revegetated, or stabilized using plastic sheeting or other approved methods, on a temporary basis within two days until vegetation has been successfully established.

W. Construction Phasing. Development projects shall phase land disturbance to the maximum degree practicable and shall take into account seasonal work limitations as explained in subsection X of this section. Construction SWPPPs shall indicate clearing schedules intended to minimize the occurrence and extent of land disturbing activities in the wet season. Each phase of land disturbance shall comply with the requirements of this code.

X. Seasonality – Temporary Restrictions. Seasonality refers to the wet season (defined as the period from October 1st through April 30th). Clearing, grading, and other land disturbing activities are prohibited unless a plan approved by the administrator is provided. Elements of the plan may include proposals that have minimal disturbance of soils and are on sites with predominant soils that have low runoff potential, and are not hydraulically connected to sediment/erosion-sensitive features. The following criteria also apply:

1. Wet season clearing, grading, and other land disturbing activities may be approved provided an erosion and sediment control plan is prepared by a professional engineer that specifically identifies methods of erosion control for wet weather conditions to control erosion/sedimentation, surface water runoff, and safeguard slope stability. In a situation where erosion or sediment is not contained on site, construction activity shall cease immediately and notification of the administrator shall be made within 24 hours.

2. When approval is issued in the dry season (defined as the months of May through September), and work is allowed to continue in the wet season, the city of Lake Forest Park may require additional measures to limit erosion/sedimentation for slope stability. The administrator may prohibit land disturbing activities during certain days of the wet season. Determinations shall be made on a site-specific basis and evaluation of the following:

a. Average existing slope on the site.

b. Quantity of proposed cut and/or fill.

c. Classification of the predominant soils and their erosion and runoff potential.

d. Hydraulic connection of the site to features that are sensitive to erosion impacts.

e. Storm events and periods of heavy precipitation.

3. If a clearing and grading approval is issued for work during the wet season and the administrator subsequently issues a stop work order or correction notice for insufficient erosion and sedimentation control, the approval will be suspended until the dry season, or until the administrator determines that weather conditions are favorable and effective erosion and sedimentation control is in place.

4. The following activities are exempt from the seasonal clearing and grading limitations:

a. Routine maintenance and necessary repair of erosion and sediment control BMPs;

b. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in the removal of the vegetative cover to soil; and

c. Activities where there is 100 percent infiltration of surface water runoff within the site in approved and installed erosion and sediment control facilities.

Y. Maintenance. All temporary and permanent erosion and sediment control devices shall be maintained and repaired as needed. Erosion and sediment control devices that are damaged or not working properly shall be returned to operating condition within 24 hours of identifying they are not working properly or receiving notice from the city of Lake Forest Park, or as otherwise directed by the administrator. The contractor shall:

1. Regularly inspect (weekly and within 24 hours after any runoff-producing storm event during the dry season, and daily including on weekends during the wet season) all temporary and permanent erosion and sedimentation BMPs and maintain them in compliance with the maintenance requirements in the Design Manual adopted in Chapter 16.24 LFPMC so that they function as intended until the site has been permanently stabilized, and the potential for on-site erosion has passed. Inlets should be inspected weekly at a minimum and daily during storm events. Inlet protection devices should be cleaned or removed and replaced when sediment has filled one-third of the available storage (unless the product manufacturer specifies a different standard).

2. Return any BMPs that are damaged or not working properly to normal operating conditions as directed by the city or within 24 hours of receiving notice from the administrator. BMPs that must be addressed include: stream buffers/setbacks, stormwater/pollutant protection, natural feature preservation/vegetation retention, sensitive area protection, setbacks/buffers, wetlands, fish habitat, avoidance of hazards, revegetation, erosion and sediment control, and permanent retention/detention facilities. The responsibility for maintaining site stability and maintenance objectives for buffer vegetation and permanent erosion, sedimentation, and runoff control structures for the original permit requirements is the responsibility of the property owner once the work is complete and final restoration measures have been installed as per the plans or approved permit requirements.

Z. Ponds and Reservoirs. Grading and excavation to construct ponds and reservoirs shall:

1. Meet all applicable setbacks specified in this code, except for stormwater detention facilities authorized by the administrator.

2. Maintain in-stream flows of natural drainage courses.

3. Protect adjacent property from damage.

AA. Site-Specific Requirements. Additional, site-specific requirements may be established after a site visit by the city. These requirements shall be based on specific site conditions and are limited to additional temporary erosion and sedimentation control and the mitigation of hazardous or potentially hazardous conditions that pose a threat to off-site or habitat preservation.

BB. Project Management.

1. Construction site operators shall maintain, update and implement their SWPPP. Construction site operators shall modify their SWPPP whenever there is a change in design, construction, operation, or maintenance at the construction site that has, or could have, a significant effect on the discharge of pollutants to waters of the state.

2. For construction projects one acre or larger that discharge stormwater to surface waters of the state, a certified erosion and sediment control specialist shall be identified in the construction SWPPP and shall be on-site or on-call at all times. Certification may be obtained through an approved training program that meets the erosion and sediment control training standards established by Ecology.

For sites disturbing less than one acre but that are part of a common plan of development or sale that is one acre or larger, site inspections shall be conducted by a person who is knowledgeable in the principles and practices of erosion and sediment control. The inspector shall have the skills appropriate to:

a. Assess the site conditions and construction site activities that could impact the quality of stormwater; and

b. Assess the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges.

A knowledgeable inspector shall also be required for the following construction sites that are less than one acre and have:

a. A minimum of 2,000 square feet of new, replaced, or new and replaced impervious surface; or

b. A minimum of 7,000 square feet of land disturbance.

3. Maintaining an Updated Construction SWPPP. The construction SWPPP shall be retained on-site or within reasonable access to the site.

4. The SWPPP shall be modified whenever there is a significant change in the design, construction, operation, or maintenance of the construction site that has, or could have, a significant effect on the discharge of pollutants to waters of the state.

5. The SWPPP shall be modified if, during inspections or investigations conducted by the owner/operator, or the applicable local or state regulatory authority, it is determined that the SWPPP is ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the site. The SWPPP shall be modified as necessary to include additional or modified BMPs designed to correct problems identified. Revisions to the SWPPP shall be completed within seven calendar days following the inspection.

CC. Tree Retention. Trees shall be retained as required by Chapter 16.14 LFPMC, Tree Protection and Replacement.

DD. Protection During Construction. Tree protection measures shall be employed as required by LFPMC 16.14.090, Tree protection and design measures.

EE. Protect LID BMPs During Construction.

1. All bioretention and rain garden BMPs shall be protected from sedimentation by installing and maintaining an appropriate combination of erosion and sediment control BMPs on portions of the site that drain into the bioretention and/or rain garden BMPs. Should any sedimentation occur during construction, the BMP shall be restored to its full functioning condition by removing the sediment and any sediment-laden bioretention/rain garden soils, and replacing the removed soils with soils meeting the same specification.

2. Strictly control erosion and prevent introduction of sediment from surrounding land uses onto permeable pavements. Muddy construction equipment shall not be allowed on the base material or pavement. Sediment laden runoff shall not be allowed onto permeable pavements.

FF. Rockeries. Rockeries may be used for erosion protection of cut or fill slopes. The primary function of a rockery is to protect the slope face from soil erosion and sloughing.

1. Rockeries used to protect uncontrolled fill slopes may be no higher than four feet, as measured from the bottom of the base rock.

2. Rockeries used to protect cut slopes or reinforced or engineered fill slopes may be up to a maximum height of 12 feet, as measured from the bottom of the base rock, with the approval of the building and planning department. Any rockery that is over four feet high as measured from the bottom of the base rock (cut slopes and reinforced or engineered fill slopes only) shall be designed by a geotechnical engineer.

3. A wall drain must be provided for all rockeries greater than four feet in height as measured from the bottom of the base rock. The drains shall be installed in accordance with applicable standards from the 2016 King County Surface Water Design Manual.

4. The geotechnical engineer must provide construction monitoring and/or testing as required by the permit conditions, and submit construction inspection reports to the department for all rockeries that require design by a geotechnical engineer. For each project, or phase of a project, the geotechnical engineer must provide a final letter or report summarizing the results of the construction monitoring for each rockery, verifying that the rockery construction meets the geotechnical recommendations and design guidelines. The final letter or report must be submitted to the city of Lake Forest Park prior to the final clearing and grading inspection. (Ord. 1149 § 1, 2016; Ord. 1010 § 1, 2010)

16.08.080 Expiration of permit.

Any permit granted under this chapter shall expire one year from the date of issuance. Upon a showing of good cause, a permit may be extended for six months. Approved plans shall not be amended without authorization from the administrator because of incorrect information supplied or any violation of the provisions of this chapter. (Ord. 1010 § 1, 2010; Ord. 277 § 6.5, 1981)

16.08.090 Bond.

The administrator may require, as a condition to the granting of a permit, that the applicant furnish a performance bond to the city to secure the applicant’s obligation, after the approved clearing and grading has been accomplished, to complete the restoration and replanting of the property in accordance with the terms of his permit and within the term thereof. The bond shall be in an amount equal to the estimated cost of such restoration and replanting and with surety and conditions satisfactory to the administrator. (Ord. 1010 § 1, 2010; Ord. 277 § 7, 1981)

16.08.100 Posting permit.

No earth-moving activities shall commence until a clearing and grading permit notice has been posted on the subject site at a conspicuous location. The notice shall remain posted until the project has been completed. If the approved development does not occur within three months following clearing, filling or grading operations, then the land shall be restored by the applicant to a condition which closely approximates the condition existing prior to clearing, filling or grading operations. (Ord. 1010 § 1, 2010; Ord. 277 § 6.3, 1981)

16.08.110 Building permit or subdivision approval.

Where applicable, a clearing and grading permit shall be obtained in conjunction with a building permit or subdivision approval. (Ord. 1010 § 1, 2010; Ord. 277 § 6.2, 1981)

16.08.120 Conformance to other standards.

A. The provisions of the Washington State Environmental Policy Act of 1971, and city resolutions and/or ordinances and applicable regulations promulgated pursuant to SEPA, shall be observed.

B. Provisions of Chapter 70, “Excavation and Grading,” of the Uniform Building Code shall be observed. (Ord. 1010 § 1, 2010; Ord. 277 § 6.1(f), (g), 1981)

16.08.130 Violation – Penalty.

A. Increased Permit Fees. In addition to or in place of any other remedy or penalty authorized by the LFPMC, the administrator may charge a fee equivalent to triple the fee associated with a major clearing and grading permit to any person who conducts unpermitted activity requiring a major or minor clearing and grading permit, or who fails to provide sufficient evidence that such activity met the requirements of LFPMC 16.08.040, Exemptions.

B. Stop Work Order. If a violation of this chapter or an approved clearing and grading permit occurs on property on which work is taking place pursuant to a city of Lake Forest Park development or building permit, the administrator may suspend some or all of the work as appropriate through issuance of a stop work order. The administrator shall remove the stop work order when the city determines that the violation has been corrected or when the city has reached an agreement with the violator regarding rectification of the violation.

C. Except as otherwise provided in this section, violations of this chapter shall be enforced as provided in Chapter 1.25 LFPMC.

D. Notwithstanding anything to the contrary in this section, the administrator may refer any violation for criminal prosecution as a gross misdemeanor if the administrator determines that the estimated cost of mitigation or restoration will exceed $5,000, or that failure to comply with the provisions of this chapter results in environmental damage that, in the administrator’s judgment, cannot be corrected by mitigation or restoration.

E. Notwithstanding anything to the contrary in this section, any person who fails to comply with a stop work order issued under Chapter 1.25 LFPMC with respect to a violation of this chapter shall be guilty of a gross misdemeanor. (Ord. 1130 § 10, 2016; Ord. 1010 § 1, 2010; Ord. 277 § 9, 1981. Formerly 16.08.140)