Chapter 9.30
LAND SURFACE MODIFICATION
Sections:
9.30.020 Authority and administration.
9.30.070 General requirements.
9.30.080 Land surface modification plan.
9.30.140 Conflicts with other regulations.
9.30.150 Liability for damages.
9.30.010 Purpose.
This chapter is intended to provide a process for permitting land surface modifications within the city of Wenatchee to prevent erosion of soils and to protect public health and safety through the adoption and enforcement of provisions designed to:
(1) Minimize adverse impacts associated with the excavation and modification of land surfaces;
(2) Protect water quality from the adverse impacts associated with erosion and sedimentation;
(3) Ensure prompt development, restoration, replanting, and effective erosion and sedimentation control of property during and after land surface modification activities;
(4) Establish administrative procedures for the issuance of permits, approval of plans, and inspection of land surface modification operations; and
(5) Allow for the reasonable development of land in the city of Wenatchee. (Ord. 2019-09 § 1 (Exh. A))
9.30.020 Authority and administration.
The public works director shall administer, interpret, and enforce this chapter. The public works director shall have the authority to issue permits and to perform, or cause to be performed, inspections and take such actions as may be required to enforce the provisions of this chapter. (Ord. 2019-09 § 1 (Exh. A))
9.30.030 Definitions.
For the purpose of this chapter, the following definitions shall apply:
(1) “Agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2) as agricultural lands and those activities involved in the production of crops or livestock, including but not limited to: (a) operation and maintenance of fields and pastures; (b) the maintenance, repair, replacement and installation of farm, irrigation, wastewater regulation and stock ponds or drainage systems; (c) the maintenance, repair, replacement and installation of irrigation systems, including but not limited to rill irrigation and sprinkler systems; (d) changes between agricultural activities, including, but not limited to, crop rotations, conversion of cultivated land to pasture and conversions of pasture to cultivated land; (e) installation, maintenance or repair of existing serviceable structures and facilities used in agricultural activities to produce crops or raise livestock. An activity ceases to be an agricultural activity when the area on which it was conducted has been converted to a primary use which is not an agricultural activity.
(2) “Applicant” (also known as the “permittee”) means a property owner or any person or entity authorized or named in writing by the property owner to be the applicant, in an application for a development proposal permit.
(3) “Bench” means a cut into a deep soil or rock face to provide stability or control surface drainage.
(4) “Berm” means a mound or raised area usually used for the purpose of screening a site or operation, or for containing or directing runoff.
(5) “Clearing” means the act of destroying or removing the existing soil cover, both vegetative and nonvegetative.
(6) “Compaction” means the densification of a fill by mechanical or other means as approved by an engineering geologist or civil engineer.
(7) “Critical areas,” as used in this chapter, means critical aquifer recharge areas, wetlands, geologically hazardous areas, frequently flooded areas, and fish and wildlife habitat conservation areas as defined in Chapter 12.08 WCC.
(8) “Department” means the city of Wenatchee public works department or its duly authorized representative.
(9) “Director” means the director of public works or authorized representative.
(10) “Engineer” or “civil engineer” is an individual licensed in the state of Washington to practice engineering in the civil engineering branch.
(11) “Engineered” or “engineering” means work conducted or prepared by an engineer as defined in this section.
(12) “Engineering geologist” means an engineering geologist licensed by the state of Washington.
(13) “Erosion” means the wearing away of the ground surface as the result of the movement of wind, water, and/or ice.
(14) “Erosion and sedimentation control” means any measure taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site.
(15) “Excavation” means the removal of earth material.
(16) “Fill” means a deposit of clean earth material or concrete pieces less than one cubic foot in volume.
(17) “Geotechnical engineer” means an engineer as defined within this section with knowledge of the theory of geology, soils testing, and geotechnical engineering.
(18) “Grade” means the elevation of the ground surface.
(a) “Existing grade” is the surface prior to land surface modifying activity.
(b) “Finished grade” is the final surface of the site that conforms to an approved plan.
(c) “Rough grade” is the stage at which the surface approximately conforms to an approved plan.
(d) “Engineered grading” is the designed land surface modification.
(19) “Grading” is any excavation or filling activity or combination thereof that affects the land surface.
(20) “Horticulture activities” means the growing of fruits, vegetables, flowers, or ornamental plants for commercial purposes.
(21) “Land surface modification (LSM) permit” means the permit required by this chapter for all activities modifying land surface, including but not limited to clearing and grading for development.
(22) “Permit area boundary” means the defined boundary surrounding LSM activity. The permit area boundary will usually be the property lines for the parcel; however, alternate boundaries may be defined on larger parcels with a limited LSM area.
(23) “Permittee” is the applicant.
(24) “Septic design professional” means a person licensed or registered in the state of Washington to design on-site wastewater handling and disposal systems described in the standards for the city.
(25) “Shorelines” are those water bodies, adjacent lands, and associated wetlands defined as such by the Shoreline Management Act (RCW 90.58.030).
(26) “Site” means any lot or parcel of land or contiguous combination thereof where activities regulated by this chapter are performed.
(27) “Structure” is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(28) “Temporary erosion and sediment control (TESC)” means any temporary best management practices taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site. (Ord. 2019-09 § 1 (Exh. A))
9.30.040 Exemptions.
An LSM permit shall not be required for the following:
(1) 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 or exempt any excavation resulting in soil or rock having an exposed, unsupported height greater than five feet after the completion of such structure;
(2) Demolition of existing structures under a demolition permit;
(3) Cemetery graves;
(4) Refuse disposal sites controlled by other regulations;
(5) Excavations for wells or trenches for utilities in the public right-of-way permitted under a franchise agreement or right-of-way permit;
(6) Repair and replacement of existing utilities on private property;
(7) Landscaping of an existing single-family residence;
(8) Installation, maintenance and repair of landscape irrigation systems;
(9) Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by state regulations that address grading and excavating through geotechnical surveys, inspections, and restoration plans, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining or contiguous properties;
(10) Exploratory excavations performed under the direction of an engineer, engineering geologist, geotechnical engineer, septic design professional, city engineer or public works designee;
(11) An excavation that (a) is less than two feet in depth, or (b) does not create a cut slope greater than five feet in height and steeper than one unit vertical in two units horizontal up to 50 cubic yards;
(12) A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal up to 50 cubic yards;
(13) Soil test holes and on-site sewage system installation done under the provisions of an on-site sewage disposal permit application;
(14) Grading of city roads with city of Wenatchee public works oversight, including roads, bridges and municipal construction, which is designed to WSDOT, APWA or FHWA standards and specifications where such grading is subject to review and approval of a local government agency or a state or federal agency;
(15) Public facility and road construction activities with city of Wenatchee public works oversight;
(16) Construction activities performed by a state or federal agency with oversight of a licensed civil or geotechnical engineer;
(17) Highway construction and maintenance administered by the Washington State Department of Transportation;
(18) Routine road maintenance within the established footprint of an existing road;
(19) Agricultural or horticultural activities as defined in WCC 9.30.030. An activity ceases to be agricultural or horticultural when the area on which it was conducted has been converted to a nonagricultural use. Farm access roads will be required to upgrade to private or public road standards prior to utilization within a land development. At that time, review under the conformance with this chapter will be required;
(20) Nonconversion forest practice permits administered by the Washington State Department of Natural Resources.
Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the city of Wenatchee. (Ord. 2019-09 § 1 (Exh. A))
9.30.050 Permits required.
Except as exempted in WCC 9.30.040, land surface modification or filling upon a site involving more than 50 cubic yards shall require an LSM permit from the public works department. The following activities shall specifically require an LSM permit even when less than 50 cubic yards:
(1) Public or private road(s), as defined by city of Wenatchee standards, serving more than two dwelling units;
(2) Site work pending preliminary plat approval that is being prepared for structural development and final plat approval;
(3) Clearing and grading of sites meeting the applicability criteria in WCC 9.20.030 when clearing and grading is proposed prior to issuance of a building permit. (Ord. 2019-09 § 1 (Exh. A))
9.30.060 Permitting.
When an LSM permit is required under WCC 9.30.050, all persons proposing to conduct land surface modification activity within the jurisdictional boundaries of the city of Wenatchee shall first apply for the LSM permit. The applicant shall obtain a land surface modification permit in conformance with this chapter prior to beginning any LSM activity.
(1) The permit application shall at a minimum include the following:
(a) A completed LSM application signed by the applicant, including but not limited to the estimated quantities of excavation and compact fill.
(b) A completed authorization of applicant form when the applicant is not the property owner.
(c) A vicinity map.
(d) A site plan drawn to a reasonable scale (e.g., one inch equals 20 feet). The site plan should clearly show the following:
(i) North arrow in its proper orientation.
(ii) Property lines and dimensions.
(iii) Location and dimensions of all existing and proposed development, including structures, roads, sewer, stormwater, and water lines, wells, landscape, utilities, easements, water bodies, floodplains, critical areas, drainage facilities, and on-site sewage disposal and drain field areas, within the permit area boundary.
(e) Stormwater pollution prevention plan as required by Chapter 9.20 WCC.
(i) If Chapter 9.20 WCC is not applicable, a temporary erosion sediment control plan (TESC) shall be required using best management practices identified in the most current version of the Stormwater Management Manual for Eastern Washington.
(2) For projects in excess of 200 cubic yards, an engineered land surface modification plan as set forth in WCC 9.30.080 may be required.
(3) Relevant supplemental information may be required for any project at the discretion of the director. For example, if the director determines that special conditions or unusual hazards exist, an engineered land surface modification plan may be required for projects less than 200 cubic yards. Special conditions or unusual hazards include, but are not limited to, work performed in areas with known drainage issues, work performed in critical areas or shorelines, landfills or landfill buffer zones, wellfields, or work performed in sensitive areas not shown on the city maps. The director must justify in writing the circumstances under which a land surface modification plan is required.
(4) The director may require surety bonds in such form and amount as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. Upon completion of the improvements, the director shall fix an amount deemed necessary to cover the costs of failure of any of the improvements or work done occurring within one year following completion. Said bond shall be executed by a surety company authorized to transact a surety business in the state of Washington, and shall be approved as to form by the city attorney. In lieu of a faithful performance bond, the applicant may deposit with the city clerk, in the form of cash, bonds, savings deposit books, certificates of deposit, or any other surety acceptable to the city attorney, in an amount fixed by the director.
(5) Granting of Permits.
(a) After an application has been filed and reviewed, the director shall ascertain whether such proposed land surface modification work complies with the provisions of this chapter. If the application and plans so comply, or if they are corrected or amended so as to comply, and the proposal is consistent with all other relevant city codes, the director will issue an LSM permit.
(b) The applicant/property owner shall maintain the approved LSM plans and permit available on the site, and provide an individual approved copy to any contractor who will be working at the site.
(c) An LSM permit shall be valid for a period of two years from the date of permit issuance. The director is authorized to grant one or more extensions not exceeding 365 days each. The extension shall be requested in writing prior to permit expiration. Justifiable cause shall be demonstrated prior to issuance of such extensions. Renewal of permits may be accomplished with existing plans and reports, if no changes are being made to the proposal, and no new significant issues are raised during the review.
(d) The permittee shall be responsible for the work being performed in accordance with the approved plans and specifications and in conformance with the provisions of this chapter. The permittee shall act as a coordinator between the consultants, the contractor and public works. In the event of changing conditions, the permittee shall be responsible for informing public works of such change and shall provide revised plans for approval. (Ord. 2019-09 § 1 (Exh. A))
9.30.070 General requirements.
Unless otherwise recommended in a permitted soils engineering or engineering geology report, LSM activities permitted under this chapter shall conform to the following standards:
(1) Appropriate erosion control structures shall be installed prior to any land surface modification activity.
(2) All erosion control measures shall be maintained in place until vegetation is established for suitable erosion and sedimentation control.
(3) No sediment from LSM operations shall be permitted to leave the site or enter any surface waters or wetlands.
(4) Sites shall have a finished grade that drains away from structural foundations for a minimum of 10 feet.
(5) All sites shall be cleaned upon project completion, including installation of permanent organic erosion control measures such as grass seeding, landscaping, or other organic means of erosion control.
(6) The director of public works or his/her designee may approve alternate setbacks at the request of the applicant. In approving these alternate setbacks, the director of public works or his/her designee may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.
(7) LSM activity shall not constrict or alter the existing flow of stormwater, streams or other historical flow.
(8) Minimum compaction requirements shall comply with those standards specified by the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction, current edition.
(9) Specific Requirements for Excavations.
(a) The top of cut slopes shall not be made nearer to a permit area boundary line than one-fifth of the vertical height of cut with a minimum of two feet and a maximum of 10 feet. The setback needs to be increased for any required interceptor drains.
(b) The slope of cut surfaces shall be no steeper than two units horizontal in one unit vertical (50 percent slope) unless the permittee furnishes a geotechnical engineering or an engineering geology report or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. At the request of the applicant, the director of public works or his/her designee may approve the use of alternate grading standards. These approvals shall be based on sound engineering practices and require the submittal of additional documentation, reports, and testing.
(10) Specific Requirements for Fill.
(a) Any proposed finished slope that is steeper than two horizontal to one vertical shall be engineered.
(b) The ground surface shall be prepared to receive fill by removing all organic material, noncomplying fill, and scarifying topsoil.
(c) Solid waste as defined by Washington State law and amounts of organic material shall not be used as fill material.
(d) Fill slopes shall not be constructed on natural or cut slopes steeper than three units horizontal in one unit vertical (33 percent slope) unless engineered. The ground surface shall be prepared to receive fill by scarifying to provide a bond with the new fill and, where slopes are steeper than five units horizontal in one unit vertical (20 percent slope) and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the engineer.
(e) The slope of fill surfaces shall be no steeper than three units horizontal in one unit vertical (33 percent slope) unless the permittee furnishes a geotechnical engineering or an engineering geology report or both, stating that the site has been investigated and giving an opinion that fill at a steeper slope will be stable and not create a hazard to public or private property. At the request of the applicant, the director of public works or his/her designee may approve the use of alternate grading standards. These approvals shall be based on sound engineering practices and require the submittal of additional documentation, reports, and testing. (Ord. 2019-09 § 1 (Exh. A))
9.30.080 Land surface modification plan.
Applications for projects that require an engineered land surface modification plan as outlined in this section shall be prepared and stamped by an engineering geologist, geotechnical engineer and/or civil engineer licensed to work in the state of Washington. An engineered land surface modification plan shall include:
(1) An easily reproducible scale on the plan of appropriate size depicting location and details of all cuts and all fills, including depth and finished slopes of all cuts and all fills.
(2) A general vicinity map of the area.
(3) North arrow in its proper orientation.
(4) Subject property boundary lines, existing and proposed roads or driveways, easements, natural or manmade bodies of water and drainages, critical areas, shorelines, floodplains, and any existing or proposed structures, wells or septic systems on the site, and the distance between such features.
(5) Bodies of water, critical areas, structures, wells and septic systems on adjacent property and lying within 50 feet of the subject LSM activity boundary that could be affected by the proposed LSM operations.
(6) Maps drawn with contour intervals that adequately depict existing and proposed slopes for the proposal. Contour intervals shall be presented in accordance with WCC 11.16.210(15).
(7) Total quantities, in cubic yards, and type of cut and fill material, including on-site LSM material and imported material. Materials excavated for building foundations and basements need not be considered in the above quantities.
(8) Cross-section drawings that include:
(a) Maximum depth of fill and maximum height of cuts.
(b) Existing and proposed buildings and their setbacks from cut or fill slopes.
(c) Existing grades extending a minimum of 20 feet beyond the permitted boundary area.
(d) Finished grades of cuts and fills extending a minimum of 20 feet beyond the permitted boundary area.
(e) Retaining walls and the adjacent grade at least 20 feet on either side of the wall(s).
(f) Grades of all existing cut and fill areas expressed as a ratio of horizontal to vertical slope.
(9) The disposal site for excavated material. Off-site disposal may require a separate land surface modification permit.
(10) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds, or other water or erosion control devices to be utilized as a part of the proposed work.
(11) Any recommendations included in an engineering geology or geotechnical assessment or report for LSM or developing the property. If required, assessment and reports shall be completed in compliance with Chapter 9.20 WCC.
(12) Land surface modification within a geological hazard critical area may require a geotechnical assessment in compliance with Chapter 9.20 WCC.
(13) Inspection schedule, including contact information for the inspectors as required under WCC 9.30.100. (Ord. 2019-09 § 1 (Exh. A))
9.30.090 Fees.
Fees for the land surface modification permit shall be as set forth in WCC 1.99.020. (Ord. 2019-09 § 1 (Exh. A))
9.30.100 Inspections.
Projects for which an LSM permit is required shall be subject to inspections. An inspection schedule shall be established for each project prior to permit issuance.
(1) A licensed engineer shall provide professional inspections of grading operations if engineering is required elsewhere in this chapter. The permittee shall be responsible for hiring a civil engineer, geotechnical engineer, or engineering geologist to provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction.
(a) These inspections shall also include observation and review as to the establishment of line, grade and surface drainage of the development area. Soil testing shall comply with Washington State Department of Transportation, Standard Specifications for Road, Bridge and Municipal Construction, current edition.
(b) The engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter.
(c) The engineer or engineering geologist shall also provide professional inspection of any excavation to determine if conditions encountered are in conformance with the approved report or plan. If revised plans are required during the course of the work, they shall be prepared by the engineer of record.
(d) Revised recommendations relating to conditions differing from the approved engineering geology or geotechnical reports shall be submitted to the permittee, public works and the engineer of record.
(e) If, in the course of fulfilling their respective duties under this chapter, the civil engineer, geotechnical engineer, or engineering geologist finds that the work is not being done in conformance with this chapter or the approved LSM plans, the discrepancies shall be reported in writing within three working days to the permittee and to the department.
(f) If the civil engineer, geotechnical engineer, or engineering geologist of record is changed during land surface modification, the work shall be stopped until the replacement has agreed in writing to accept the responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the department in writing of such change prior to recommencing of such grading.
(2) The department shall inspect the project in various stages of work, including but not limited to prior to clearing and grading for construction if a high potential for sediment transport is determined. (Ord. 2019-09 § 1 (Exh. A))
9.30.110 Air quality.
Dust shall be prevented from becoming airborne. The finished exposed surfaces shall be treated with vegetation or other means to control dust. (Ord. 2019-09 § 1 (Exh. A))
9.30.120 Enforcement.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in WCC 9.20.090 or may be restrained by injunction or otherwise abated in a manner provided by law. (Ord. 2019-09 § 1 (Exh. A))
9.30.130 Appeals.
Administrative decisions pursuant to this chapter may be appealed by the applicant to the director.
(1) Administrative Hearing. The applicant shall be afforded the opportunity to an administrative hearing. Any hearing pursuant to this section must be requested by the applicant in writing within 10 days after the applicant receives notice of the city’s determination. The applicant’s written request for hearing shall be filed with the director. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. The director will conduct the hearing within 20 days of the receipt of the request. The administrative hearing will be held before the director. Formal rules of evidence will not apply; provided, however, that the director will review the existing record, and only the applicant and the city will be allowed to present oral testimony and documentary evidence to the director. The director will issue a written decision within 10 days of the conclusion of the hearing. Except as otherwise provided, all decisions by the director shall be final and conclusive on all parties unless appealed to the hearing examiner under subsection (2) of this section. The director’s decision, action, or determination shall remain in effect during such period of appeal.
(2) Appeal to the Hearing Examiner. Any decision of the director rendered pursuant to subsection (1) of this section may be reviewed by open record appeal to the hearing examiner. The applicant must file written notice of appeal with the city clerk within 14 days following notification of such decision or action. Such notice of appeal shall set forth in reasonable detail the action or decision appealed and the applicant’s grounds for reversal or modification thereof. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. Following receipt of such notice, the city clerk will schedule a date for a public hearing with the hearing examiner at which time the hearing examiner shall consider the appeal. The date of the public hearing should be no later than 20 days following the date the city clerk received notice of the appeal. The city clerk will mail written notice to all parties of record to apprise them of the hearing date. The hearing shall be an open record hearing at which the applicant and the city may present witness testimony and documentary evidence. At the conclusion of the public hearing the hearing examiner may adopt, amend and adopt, reverse, amend and reverse the findings, conclusions, and decision of the director. The appeal fee shall be as set forth in WCC 1.99.010(12).
(3) Judicial Review. The decision of the hearing examiner on appeal of the decision of the director shall be final and conclusive unless, within 21 days from the date of final action, the applicant files a petition for review with the superior court of Chelan County in the manner prescribed by law. Judicial review shall be a closed record appeal based upon the record created before the hearing examiner. (Ord. 2019-09 § 1 (Exh. A))
9.30.140 Conflicts with other regulations.
Where other city of Wenatchee ordinances, resolutions, or regulations, or other state or local regulations, are in conflict with this chapter, the more restrictive regulation shall apply and such application shall extend to those specific provisions which are more restrictive. (Ord. 2019-09 § 1 (Exh. A))
9.30.150 Liability for damages.
This chapter shall not be construed to hold the city of Wenatchee, its officers, employees or agents responsible for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city of Wenatchee, its officers, employees or agents. (Ord. 2019-09 § 1 (Exh. A))