Chapter 24.50
LAND DISTURBING ACTIVITIES
Sections:
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.
Prior legislation: Ord. 07-010.
24.50.010 General.
A. General Applicability. Chapter 24.50 SVMC applies to all land disturbing activities, whether or not a permit is required.
All land disturbing activities shall comply with Chapter 24.50 SVMC and the requirements set forth by SVMC Title 21, Environmental Controls, SVMC 22.130.040, Street standards, and Spokane Regional Stormwater Manual.
B. Purpose. The purpose of Chapter 24.50 SVMC 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. Time Limitation of Application.
1. Applications are valid for one year. One or more extensions of time may be granted for a term of not more than 180 days. Any request for extension shall be made in writing. All permit applications regulated by SVMC Title 24 shall be deemed to be abandoned and become null and void if a permit is not issued within the time limits described herein.
a. Applications that have expired subject to SVMC 24.50.010 have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application.
b. For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of application submittal requirements and review process shall be determined by the city manager or designee.
2. Expiration of Permits. Every permit issued subject to SVMC 24.50.010 shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One or more extension of time may be granted for a term not more than 180 days. Any such extension shall be requested in writing.
A permit issued subject to SVMC 24.50.010 shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made.
a. Permits that have expired subject to SVMC 24.50.010 have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance.
b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be determined by the city manager or designee. The fees shall be set to cover actual City costs for services.
c. Compliance Actions. If a permit issued to resolve a code violation expires subject to SVMC 24.50.010, the property owner may be subject to the immediate imposition of penalties and remedies authorized by the Spokane Valley Municipal Code.
3. Permit Ownership. Ownership of a permit issued pursuant to SVMC Title 24 inures to the property owner. If the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on behalf of, the property owner.
F. Fees. Permit fees, including plan review, shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule.
G. Surety. The applicant shall post a surety in an amount determined by the city manager or designee. Acceptable surety instruments are cash savings assignments and letters of credit issued by a duly chartered financial institution.
H. Inspection. All land disturbing activities shall be subject to inspection by the city manager or designee. For all engineered grading permits, special inspection of grading operations and special testing shall be performed in accordance with the provisions of SVMC 22.130.040 and the current adopted Street Standards and Chapter 22.150 SVMC and the current adopted Spokane Regional Stormwater Manual.
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 city manager or designee shall be notified when work authorized by a permit issued subject to Chapter 24.50 SVMC 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.
I. Hazards. If the city manager or designee 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 City. If not corrected within the identified period, the land disturbing activity shall be deemed to be a violation pursuant to SVMC 24.50.010(J).
J. Violations. Unless exempt, any land disturbing activity performed without a permit or in violation of any applicable code or permit condition shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in SVMC Title 17. In addition to any penalties, the City may assess an investigation fee for any land disturbing work conducted without a permit. The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. The fee is payable prior to the issuance of a permit and is in addition to any applicable permit fees for required permits. 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 Chapter 24.50 SVMC shall be subject to penalties as provided in SVMC Title 17.
K. Construction Stormwater Permit. The applicant shall contact the Washington Department of Ecology (Ecology) to determine if a construction stormwater permit is required. The applicant shall comply with any Ecology requirements, including obtaining necessary Ecology stormwater permits and the conditions of such permit.
L. Changes in the Field. Revised design information, including revised plans may be required when changes are made to the design contemplated in the approved grading plans. Except as otherwise provided in the Street Standards, land disturbing activities affected by such changes shall not continue until the revised plans are reviewed and approved by the city engineer or designee. (Ord. 21-005 § 3, 2021; 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; provided excavation having an unsupported height greater than four feet after the completion of such structure shall not be exempt. Use of, placement, and fill made with any material from any such excavation shall be subject to the requirements of Chapter 24.50 SVMC and shall not be exempt except as otherwise provided herein;
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, provided only where such uses are established, authorized, and provided for by law; and provided further such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. This exemption does not exempt such activities from any other applicable permit, including SEPA review;
H. Exploratory excavations under the direction of a geotechnical engineer or engineering geologists. (Ord. 21-005 § 3, 2021; Ord. 09-033 § 6, 2009).
24.50.030 Engineered grading permits.
A. Applicability. All grading shall comply with the Washington State Environmental Policy Act, SVMC 22.130.040 and the current adopted Street Standards, Spokane Regional Stormwater Manual, and applicable stormwater permit requirements. An engineered grading permit is required for each of 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;
3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet;
4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet;
5. Fill slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet;
6. Grading in the floodplain;
7. Grading in critical areas identified in SVMC Title 21;
8. Grading in a drainage channel;
9. Grading to support a building or structure of a permanent nature;
10. Grading associated with subdivisions pursuant to SVMC Title 20;
11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction;
12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area;
13. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery, retaining walls, and paving; or
14. Projects deemed to be a potential hazard or likely to cause major land disturbances as determined by city manager or designee.
B. Exemptions. An engineered grading permit is not required for the following land disturbing activities:
1. Grading work exempted per SVMC 24.50.020; and grading work not meeting the requirements of SVMC 24.50.030(A), subject to meeting permitting requirements of SVMC 24.50.040 or SVMC 24.50.050.
C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows:
1. Completed permit application;
2. Required plans stamped by a civil engineer licensed in the state of Washington;
3. 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 SVMC Title 24, the Washington State Environmental Policy Act, SVMC 22.130.040 and the current adopted Street Standards, Spokane Regional Stormwater Manual, 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 the current adopted Street Standards, and SVMC 22.130.040, 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 city manager or designee, a geotechnical evaluation demonstrating compliance with SVMC 22.130.040, Street standards, Chapter 5;
7. As required by law, drainage submittal demonstrating compliance with Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapters 2 and 3;
8. When required by the city manager or designee, a geotechnical site characterization (GSC) including an adequate description of the geology of the site in accordance with the Spokane Regional Stormwater Manual Chapter 4; and
9. SEPA checklist, if required.
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. 21-005 § 3, 2021; Ord. 13-004 § 4, 2013; Ord. 09-033 § 6, 2009).
24.50.040 Regular grading permit.
A. Applicability. All grading shall comply with the Washington State Environmental Policy Act, SVMC 22.130.040 and the current adopted Street Standards, Spokane Regional Stormwater Manual, and applicable stormwater permit requirements. 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. 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, Spokane Regional Stormwater 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. 21-005 § 3, 2021; Ord. 09-033 § 6, 2009).
24.50.050 Grubbing and clearing permit.
A. Applicability. A grubbing and clearing permit is required for each of the following land disturbing activities:
1. All grubbing and clearing activities disturbing 5,000 square feet or more of area;
2. Any clearing on slopes, wetlands, erodible soils, critical areas, etc.; or
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. 21-005 § 3, 2021; Ord. 09-033 § 6, 2009).
24.50.060 Severability.
Repealed by 21-005. (Ord. 09-033 § 6, 2009).