Chapter 18.60
DEVELOPMENT STANDARDS – GRADING AND MINERAL EXTRACTION

Sections:

18.60.010    Purpose.

18.60.020    Exemptions.

18.60.030    Grading permits required.

18.60.035    Fees.

18.60.040    Nonconforming extractive operations.

18.60.050    Periodic review.

18.60.060    Site design standards.

18.60.070    Operating standards.

18.60.080    Reclamation.

18.60.090    Financial guarantees.

18.60.010 Purpose.

The purpose of this chapter is to establish standards which minimize the impacts of grading and extractive operations upon surrounding properties by:

(1) Ensuring adequate review of operating aspects of extractive sites;

(2) Requiring project phasing on large sites to minimize environmental impacts;

(3) Requiring minimum site areas large enough to provide setbacks and mitigations necessary to protect environmental quality; and

(4) Requiring periodic review of extractive and processing operations to ensure compliance with the most current operating standards. (Ord. 20-07 § 121; Ord. 42-02 § 2 (21A.22.010))

18.60.020 Exemptions.

The provisions of this chapter shall not apply to uses or activities specifically exempted in Chapter 18.45 CMC. (Ord. 42-02 § 2 (21A.22.020))

18.60.030 Grading permits required.

Grading and extractive operations shall commence only after issuance of a grading permit. (Ord. 20-07 § 122; Ord. 42-02 § 2 (21A.22.030))

18.60.035 Fees.

Fees shall be collected to compensate the Department for preapplication review, the investigation, permit administration, plan review, and ongoing monitoring/inspection of grading and clearing permit applications consistent with the provisions of Chapter 18.45 CMC. Grading and clearing permit fees shall be composed of two elements: plan review and operation monitoring.

(1) Plan Review Fees. Plan review fees shall compensate the Department for the review of permit operating plans, including plans for drainage, erosion/sedimentation control, terrain alteration, traffic/circulation, clearing, and site rehabilitation. Plan review fees shall be based on the anticipated volume of materials and total area to be disturbed during the period of the permit. Initial plan review fees may be reduced for quarry/mining operations reviewed in conjunction with reclassification applications or unclassified use permits. Plan revision fees shall contain a base fee to cover the cost of file administration and an hourly fee to compensate for additional plan review and modification of permit approval conditions. Plan revisions may be initiated at any time during the period of the grading permit, either at the request of the applicant or as a result of operational modifications discovered during monitoring, but shall not alter the original approval period of the grading permit.

(2) Operation Monitoring Fees. Operation monitoring fees shall be collected to cover the cost of inspecting active grading operations in order to determine compliance with permit approval conditions. “Active grading operations” include material deposition and removal areas, disturbed areas not yet rehabilitated, stockpiles, on-site processing areas, and other such working areas. Operation monitoring fees shall cover inspections for a 12-month period and shall be collected at permit issuance and at each subsequent anniversary date throughout the effective period of the grading permit.

Operation monitoring fees shall be based on the volume of materials anticipated to be deposited or removed during the 12-month monitoring period. Monitoring fees based on area shall also be collected for all disturbed areas not rehabilitated during the previous monitoring period. Special monitoring and inspection functions, such as bond release inspections or reinspection of nonbonded actions, shall be calculated as set forth in the grading permit fee tables.

Fees for the monitoring and inspection of clearing shall be charged at an hourly rate.

(3) Fee Reductions. Grading permit fees (plan review and operation monitoring) for projects entirely completed within one year or for permits reviewed in conjunction with other Departmental administered permits may be reduced to reflect cost savings associated with the reduced workload.

(4) Work without a Permit. Whenever any work for which a grading or clearing permit is required by Chapter 18.45 CMC has been commenced without first obtaining said permit, an investigation fee, in addition to the grading permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the grading permit fee required by this section and set forth in the grading permit fee tables.

(5) Additional Review Fees. In addition to the grading and clearing permit fees set forth in this section, other fees required by the Covington Municipal Code may be applicable to individual grading permit applications. Such fees include, but are not limited to, shoreline management, SEPA or sensitive areas review fees.

(6) Fees for grading and/or clearing shall be set forth in the current fee resolution. (Ord. 20-07 § 68; Ord. 43-02 § 2 (27.12.010). Formerly 14.60.010)

18.60.040 Nonconforming extractive operations.

To the extent determined feasible by the City, nonconforming extractive operations shall be brought into conformance with the operating standards of CMC 18.60.070. (Ord. 20-07 § 123; Ord. 42-02 § 2 (21A.22.040))

18.60.050 Periodic review.

Unless a more frequent review is required, periodic review of extractive and processing operations shall be provided as follows:

(1) All extractive operations shall be subject to a review of development and operating standards at five year intervals;

(2) The periodic review shall be:

(a) Conducted by the Director or his/her designee pursuant to the review process outlined in CMC 18.115.040 through 18.115.060; and

(b) Used to determine that the site is operating consistent with the most current standards and to establish other conditions as necessary to mitigate identifiable environmental impacts;

(c) The cost of any review by the City shall be born by the operator of the extractive operation. (Ord. 42-02 § 2 (21A.22.050))

18.60.060 Site design standards.

Except as provided for nonconforming extractive operations in CMC 18.60.040, all extractive and processing operations shall at minimum comply with the following standards:

(1) The minimum site area of an extractive operation shall be 10 acres;

(2) Extractive operations on sites larger than 20 acres shall occur in phases to minimize environmental impacts. The size of each phase shall be determined during the review process;

(3) Fences and screening shall be:

(a) Provided in a manner which screens the use from public view and discourages access to safety hazards which may arise on areas of the site where:

(i) Active extracting, processing, stockpiling and loading of materials is occurring;

(ii) Any unstable slope or any slope exceeding a grade of 40 percent is present; or

(iii) Any settling pond or other storm water facility is present;

(b) At least six feet in height above the grade measured at a point five feet from the outside of the fence;

(c) Installed with lockable gates at all openings or entrances;

(d) No more than four inches from the ground to fence bottom;

(e) Maintained in good repair; and

(f) Screening shall include the use of landscape material in accord with Chapter 18.40 CMC;

(4) Warning and trespass signs advising of the extractive operation shall be placed on the perimeter of the site adjacent to R zones at intervals no greater than 200 feet along any unfenced portion of the site where the items noted in subsection (3)(a)(i) through (iii) of this section are present;

(5) Structural setbacks from property lines shall be as follows:

(a) Buildings or structures used in the processing of materials shall be no closer than:

(i) One hundred feet from any R zoned properties except that the setback may be reduced to 50 feet when the grade where such building or structures are proposed is 50 feet or greater below the grade of said R zoned property; or

(ii) Twenty feet from any other zoned property, except when adjacent to another extractive site; or

(iii) Twenty-five feet from any public street;

(b) Offices, scale facilities, equipment storage buildings and stockpiles shall not be closer than 20 feet from any property line except when adjacent to another extractive site;

(6) No clearing, grading or excavation, excluding that necessary for roadway or storm drainage facility construction, shall be permitted within 20 feet of any property line except along any portion of the perimeter adjacent to another extractive operation; provided, that such activities may be pursuant to an approved reclamation plan;

(7) Landscaping as required pursuant to Chapter 18.40 CMC shall be provided along any portion of the site perimeter where disturbances such as site clearing and grading, or mineral extraction or processing is performed, except where adjacent to another extractive operation; and

(8) Lighting shall:

(a) Be limited to that required for security, lighting of structures and equipment, and vehicle operations; and

(b) Not direct glare onto surrounding properties. (Ord. 42-02 § 2 (21A.22.060))

18.60.070 Operating standards.

All operating standards shall be as specified in Chapter 18.45 CMC except:

(1) Noise levels produced by an extractive operation shall not exceed levels specified by the City of Covington noise ordinance, Chapter 8.20 CMC;

(2) Blasting shall be conducted:

(a) Consistent with the methods specified in the Office of Surface Mining, 1987 Blasting Guidance Manual;

(b) During daylight hours; and

(c) According to a time schedule that:

(i) Features regular or predictable times, except in the case of an emergency; and

(ii) Is provided to residents within one-half mile of the site;

(3) Dust and smoke produced by extractive operations shall not substantially increase the existing levels of suspended particulates at the perimeter of the site and shall be controlled by watering of the site and equipment or other methods specified by the County;

(4) The applicant shall provide for measures to prevent transport of rocks, dirt and mud from trucks onto public roadways;

(5) Traffic control measures such as flagmen or warning signs as determined by the City shall be provided by the applicant during all hours of operation; and

(6) The applicant shall be responsible for cleaning of debris or repairing of damage to roadways caused by the operation. (Ord. 42-02 § 2 (21A.22.070))

18.60.080 Reclamation.

A reclamation plan approved pursuant to the requirements of RCW 78.44.090 shall be submitted prior to the effective date of a rezone approval. (Ord. 42-02 § 2 (21A.22.080))

18.60.090 Financial guarantees.

Financial guarantees shall be required, consistent with the provisions of CMC Title 14 and this title. (Ord. 20-07 § 124; Ord. 42-02 § 2 (21A.22.090))