Chapter 17.13
GRADING, EXCAVATION AND LAND FILLING

Sections:

17.13.010    Purpose.

17.13.020    Permit required.

17.13.030    Exemptions.

17.13.040    Prohibited excavation – Grading and filling.

17.13.050    Permit application.

17.13.060    Application review.

17.13.070    Performance standards.

17.13.080    Sureties.

17.13.090    Expiration of permit.

17.13.100    Permit fee.

17.13.010 Purpose.

The purpose of this chapter includes but is not limited to regulating the grading, excavation and filling of land in order to minimize erosion and sedimentation of watercourses and wetlands; minimize the need for and maintenance of drainage facilities; minimize adverse effects on ground and surface waters; minimize the potential for earth slides and slippage; and maintain the maximum natural vegetation. (Ord. 1328-20 § 8 (Exh. A))

17.13.020 Permit required.

A grading permit is required for grading, excavation or filling of land except as exempted in SMC 17.13.030. (Ord. 1328-20 § 8 (Exh. A))

17.13.030 Exemptions.

A grading permit is not required for:

A. Excavation and grading in association with a building permit;

B. Excavations for the study of soil and ground water conditions; or

C. Landscape installation or site improvements which do not result in a fill placed behind a wall more than four feet in height or a cut more than four feet in depth or which does not exceed 50 cubic yards on any one lot. (Ord. 1328-20 § 8 (Exh. A))

17.13.040 Prohibited excavation – Grading and filling.

Excavation, grading or filling is prohibited within a designated critical area and/or a critical area buffer as defined by Chapter 17.10 SMC unless approved by the city engineer. (Ord. 1328-20 § 8 (Exh. A))

17.13.050 Permit application.

An application for a grading permit shall include the following unless otherwise approved by the city engineer:

A. A completed, signed grading permit application on a form made available by the city of Sultan community development department, including the supplementary clearing and/or grading information as required;

B. A map of the site which includes: topography, vegetation, wetlands and watercourses, public improvements, structures and rights-of-way or other easements and such features within 300 feet of the site;

C. The names and addresses of all property owners and residents within 300 feet of the property;

D. A grading plan indicating the areas to be filled or excavated, the contours of the land after filling or excavating and the amount of material to be moved. Contours shall be depicted at two-foot intervals or as specified by the city engineer;

E. If material is to be imported from or exported to another location, the application shall include the location of the site, the route to be followed, and evidence of compliance with the regulations of the government with jurisdiction over the site to borrow from or receive material;

F. A plan for the control of erosion and water quality during and after the site work;

G. A plan for drainage of the site;

H. A plan for restoration of vegetation or landscaping on the site;

I. An estimate of the cost of the work to be undertaken;

J. A SEPA environmental checklist; and

K. Other such information as may be required by the city engineer, including traffic engineering and geotechnical or drainage studies as required in the most recent edition of the Stormwater Manual for Western Washington published by the Department of Ecology, adopted by reference in SMC 17.14.010(D). (Ord. 1347-21 § 45; Ord. 1328-20 § 8 (Exh. A))

17.13.060 Application review.

A. The application for a grading permit shall be processed as a Type I or Type II permit depending on the need for SEPA in accordance with Chapter 16.06 SMC subject to the performance standards established in SMC 17.13.070.

B. The city engineer shall review all applications for grading permits. (Ord. 1328-20 § 8 (Exh. A))

17.13.070 Performance standards.

A. Existing and proposed contours and retaining walls shall be shown on the preliminary and final landscape plans. All landscape berms or mounds shall also be shown with elevations on the grading plan submitted to the public works department.

B. Graded slopes in planting areas shall not exceed a three horizontal (H) to one vertical (V) slope in order to decrease erosion potential and to make maintenance easier.

C. Graded slopes planted with grass shall not exceed a four (H) to one (V) slope.

D. On ungraded slopes equal to or greater than two (H) to one (V), erosion control netting or alternative procedures shall be used to prevent erosion.

E. Planting areas shall be provided with adequate drainage.

F. During construction, areas disturbed for grading activities shall comply with the performance standards for stormwater management and erosion control as established in Chapter 17.14 SMC.

G. Grading activities proposed within two feet of a property line shall make provisions for protection of whatever portions of root zone protection areas of trees on neighboring properties or within the right-of-way may fall within the property/properties on which grading activities are proposed. Root zone protection areas are subject to the provisions of SMC 17.16.030(D), Vegetation Protection. (Ord. 1328-20 § 8 (Exh. A))

17.13.080 Sureties.

The city engineer may require, as a condition of the permit, a surety to be posted to secure the applicant’s obligation to comply with the conditions of the permit. The surety may be up to 125 percent of the engineer’s estimated cost of the work. (Ord. 1328-20 § 8 (Exh. A))

17.13.090 Expiration of permit.

A grading permit shall expire six months from the date of issuance. The city engineer may grant one extension of time for an additional six months. (Ord. 1328-20 § 8 (Exh. A))

17.13.100 Permit fee.

A. A permit fee is required as specified in the Sultan fee schedule, established by ordinance.

B. Fees depend on the quantity of material proposed, defined as the cubic yards of proposed cut and the cubic yards of proposed fill. Fee will be generated based on the grading quantities reported in the grading permit application form. (Ord. 1328-20 § 8 (Exh. A))