Chapter 24.50
LAND DISTURBING ACTIVITIES
Sections:
24.50.010 General.
24.50.020 Grading permit – General exemptions.
24.50.030 Engineered grading permits.
24.50.040 Regular grading permit.
24.50.050 Grubbing and clearing permit.
24.50.060 Severability.
Prior legislation: Ord. 07-010.
24.50.010 General.
A. General Applicability. This chapter applies to all land disturbing activities, whether or not a permit is required.
All land disturbing activities shall comply with this chapter and the requirements set forth by SVMC Title 21, Environmental Controls, and 22.130.040, Street standards.
B. Purpose. The purpose of this chapter is to regulate all land disturbing activities to protect and safeguard the general health, safety, and welfare of the public residing within the City of Spokane Valley by:
1. Establishing procedures for issuance of permits, plan approval, and inspection of grading construction; and
2. Controlling erosion and preventing sediment and other pollutants from leaving the project site during construction by implementing best management practices; and
3. Reducing stormwater runoff rates and volumes, soil erosion and non-point source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety; and
4. Protecting downstream properties and public infrastructure.
C. Definitions.
1. “Applicant” is the private party or parties desiring to construct a public or private improvement within City right-of-way, easements, or private property, securing all required approvals and permits from the City, and assuming full and complete responsibility for the project. The applicant may be the owner or the individual designated by the owner to act on his behalf.
2. “Clearing and grubbing” includes, but it is not limited to, removing trees, stumps, roots, brush, structures, abandoned utilities, trash, debris, and all other material found on or near the surface of the ground in the construction area.
3. “Grading” is the physical manipulation of the earth’s surface and/or surface drainage pattern which includes surcharging, preloading, contouring, cutting, and/or filling. Grading activities fall into two general categories: engineered grading and regular grading.
4. “Land disturbing activity” results in a change in existing soil cover (vegetative or nonvegetative) or site topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing and grubbing, grading and logging.
5. “Site” includes all the parcels included in the project.
D. Permit Required. A separate permit shall be obtained for each site. No land disturbing activity, unless specifically exempted, shall be performed without first having obtained a permit. The following are the types of permit:
1. Engineered Grading. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.030 for applicability, additional exemptions, and permit requirements. All engineered grading shall comply with the Washington State Environmental Policy Act.
2. Regular Grading. Regular grading is grading work that is not required to be engineered. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.040 for applicability, additional exemptions, and permit requirements.
3. Clearing and Grubbing Permit. Refer to SVMC 24.50.050 for applicability, exemptions, and permit requirements.
E. Fees. Permit fees, including plan review, shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule.
F. Surety. The applicant shall post a surety in an amount determined by the development services senior engineer. Acceptable surety instruments are cash savings assignments and letters of credit issued by a duly chartered financial institution.
G. Inspection. All land disturbing activities shall be subject to inspection by the development services senior engineer. For all engineered grading permits, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Chapter 9 of SVMC 22.130.040, Street standards.
If, during an inspection, site conditions and/or construction of permanent items are found to not be as shown in the permit application or approved plans, the permit may be deemed invalid. No land disturbing activity shall be undertaken, or continued, until revised plans have been submitted and approved.
The development services senior engineer shall be notified when work authorized by a permit issued subject to this chapter is ready for final inspection. Final approval shall not be granted until all work has been completed in accordance with the approved grading plans and any required reports have been submitted.
H. Hazards. If the development services senior engineer determines that any land disturbing activity has or may become a hazard to life and limb, endanger property, cause erosion, or adversely affect drainage, the safety, use, stability of a public way or drainage channel, the owner shall be notified in writing. The owner is responsible to mitigate the hazard within the time specified by the development services senior engineer. If not corrected, the land disturbing activity shall be deemed to be a violation pursuant to subsection I of this section.
I. Violations. Unless exempt, any land disturbing activity performed without a permit shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in SVMC Title 17. An investigation fee may be assessed pursuant to International Building Code Section 108.4. The fee is payable prior to the issuance of a permit. Payment of the investigation fee does not vest the illegal work with any legitimacy, nor does it establish any right to any permit for continued development of the project.
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to fines as provided in SVMC Title 17.
J. Construction Stormwater Permit. The applicant shall contact the Washington Department of Ecology (Ecology) to determine if a construction stormwater permit is required.
K. Changes in the Field. Revised plans may be required when changes are made to the approved grading plans. Land disturbing activities affected by such changes shall not continue until the revised plans are reviewed and approved by the development services senior engineer. (Ord. 09-033 § 6, 2009).
24.50.020 Grading permit – General exemptions.
A grading permit, either engineered grading or regular grading, is not required for the following land disturbing activities:
A. Excavations which meet all of the following:
1. Are less than three feet in height; and
2. Have slopes flatter than 2:1 (H:V); and
3. Do not exceed 50 cubic yards on any one lot;
B. Fills which meet all of the following:
1. Are less than two feet in height; and
2. Have slopes flatter than 2:1 (H:V); and
3. Are not intended to support structures; and
4. Do not obstruct a drainage course; and
5. Do not exceed 50 cubic yards on any one lot;
C. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than four feet after the completion of such structure;
D. Cemetery graves;
E. Refuse disposal sites controlled by other regulations;
F. Excavations to facilitate the septic tank elimination program;
G. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;
H. Exploratory excavations under the direction of a geotechnical engineer or engineering geologists. (Ord. 09-033 § 6, 2009).
24.50.030 Engineered grading permits.
A. Applicability. An engineered grading permit is required for the following land disturbing activities:
1. Grading in excess of 500 cubic yards; and
2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and
3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and
4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and
5. Fill slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and
6. Grading in the floodplain; and
7. Grading in critical areas identified in the SVMC Title 21; and
8. Grading in a drainage channel; and
9. Grading to support a building or structure of a permanent nature; and
10. Grading associated with subdivisions pursuant to SVMC Title 20; and
11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction; and
12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area; and
13. Major use permits and/or any other project likely to cause major land disturbances as determined by the City; and
14. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery, retaining walls, and paving; and
15. Projects deemed to be a potential hazard.
B. Exemptions. An engineered grading permit is not required for the following land disturbing activities:
1. Grading work already included in a building permit or land action application;
2. Grading work exempted per SVMC 24.50.020; and grading work not meeting the requirements of subsection A of this section. In this latter case, the grading would be considered regular grading.
C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows:
1. Completed permit application;
2. Two sets of all required plans stamped by a civil engineer licensed in the state of Washington;
3. Two sets of all required reports, specifications, and supporting information prepared and stamped by a civil engineer or geologist licensed in the state of Washington;
4. Plans shall demonstrate compliance with the provisions of this title, SVMC 22.130.040, Street standards, and all relevant laws, ordinances, rules, and regulations;
5. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions;
6. When required by SVMC 22.130.040, Street standards, Chapter 5, and/or the development services senior engineer, a geotechnical evaluation demonstrating compliance with SVMC 22.130.040, Street standards, Chapter 5;
7. Drainage report demonstrating compliance with Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 3;
8. When required by the development services senior engineer, an engineering geology report including an adequate description of the geology of the site; and
9. SEPA checklist.
D. Engineered Grading Permit Final Acceptance. The following items are required prior to final acceptance:
1. Inspection by a qualified professional hired by the applicant; and
2. As-graded grading plans; and
3. A letter from the inspector that certifies that grading was conducted in accordance with the grading plan. Certification requirements shall be in compliance with SVMC 22.130.040, Street standards. (Ord. 09-033 § 6, 2009).
24.50.040 Regular grading permit.
A. Applicability. A grading permit is required for all grading operations unless exempted below. All grading shall comply with the Washington State Environmental Policy Act and SVMC 22.130.040, Street standards. An engineered grading permit shall be required if the project meets the criteria specified in SVMC 24.50.030.
B. Exemptions. A regular grading permit is not required for the following land disturbing activities:
1. Grading work already included in a building permit;
2. Work exempt under SVMC 24.50.020 or already included in an engineered grading permit.
C. Regular Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows:
1. Completed permit application; and
2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street standards, and all other applicable laws, ordinances, rules and regulations. The name of the owner and the name of the person who prepared the plan shall be included in all submitted plans and documents; and
3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions. (Ord. 09-033 § 6, 2009).
24.50.050 Grubbing and clearing permit.
A. Applicability. A grubbing and clearing permit is required for the following land disturbing activities:
1. All grubbing and clearing activities disturbing 5,000 square feet or more of area; and
2. Any clearing on slopes, wetlands, erodible soils, critical areas, etc.; and
3. Any removal of trees and vegetation that does not trigger the grading permit requirements.
B. Exemptions. The following land disturbing activities are not required to obtain a clearing and grubbing permit:
1. Commercial agriculture as regulated under RCW 84.34.020. Clearing associated with agricultural uses, excluding timber cutting not otherwise exempted;
2. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timberland to other uses;
3. Clearing and grubbing already included in a grading or building permit;
4. The removal of six trees or less per acre per parcel;
5. The removal of trees and ground cover by utility companies in emergency situations; or
6. Routine landscape maintenance and minor repair.
C. Permit Submittal Requirements. The minimum documents required for permit application are as follows:
1. Completed permit application; and
2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street standards, and all other applicable laws, ordinances, rules and regulations; and
3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions. (Ord. 09-033 § 6, 2009).
24.50.060 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is determined invalid for any reason in whole or in part by court, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 09-033 § 6, 2009).