Chapter 14.20 LAND FILLING, CLEARING AND GRADING CODE

These regulations are adopted for the following purposes:

To promote the public health, safety, and general welfare of the citizens;

To preserve and enhance the City's physical and aesthetic character by preventing indiscriminate removal or destruction of trees, soils, or ground cover within designated environmentally critical areas and shoreline areas;

To promote land development practices that result in a minimal disturbance to the City's vegetation and soils;

To minimize surface and subsurface water runoff volumes and to prevent erosion-sedimentation and reduce the risk of slides and other unstable conditions;

To minimize the need for additional storm drainage facilities;

To promote the retention of clusters of trees for the abatement of noise and wind protection as well as site stability maintenance;

To acknowledge that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxide; and reduce storm water runoff by intercepting, evapotranspiring, and retaining rainwater in the soils surrounding their root systems;

(h)

To promote building and site planning practices that are consistent with the City's natural topographical and vegetational features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;

(i)

To ensure prompt development, restoration and replanting, and effective erosion and sedimentation control of property during and after land clearing, grading, or filling through the use of phase development, performance bonds, and other reasonable controls;

(j)

To reduce degradation of streams and other water bodies located in and adjacent to the City via scouring, siltation, and water pollution;

(k)

To implement the goals and objectives of the State Environmental Policy Act and the water quality standards set forth by the State Department of Ecology; and

(l)

To implement and further the City's Comprehensive Plan.

§ 14.20.050 Definitions – Use of words and phrases.

It is not the intent or purpose of this chapter to prevent the reasonable development of land in the City.

(Ord. 1581 § 55, 2013; Ord. 1611 § 14, 2014; Ord. 1671 § 9, 2017)

§ 14.20.040 Authority.

This chapter is created pursuant to the authority set forth in chapters 35.23 and 35A.63 RCW and other applicable laws.

(Ord. 1581 § 56, 2013)

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

"Bench terrace"

means an embankment or combination of an embankment and channel constructed across a slope which has a bench-like cross-section and whose purpose is to control erosion by diverting or storing surface water runoff instead of permitting it to flow uninterrupted down the slope.

"Construction site"

means a contiguous area owned and operated as one development unit upon which earth-disturbing activities are planned or underway.

"Developer"

means a person engaged in constructing any street, utilities, commercial, industrial, or residential structures.

"Drainage"

means the removal of excess water from land either by surface or subsurface means.

"Erosion"

means the wearing away of the land surface by running water, wind, ice, or other geological agents including such processes as gravitational creep, detachment, and movement of soil or rock fragments by water, wind, ice, or gravity.

"Excavation" or "cut"

means the physical manmade removal of earth material.

"Existing grade"

means the vertical location of the existing ground surface before excavation or filling.

"Fill"

means a deposit of earth or waste materials by artificial means.

"Grading"

means any stripping, excavating, and filling, including hydraulic fill, stockpiling, or any combination thereof and includes the land in its excavated or filled condition.

"Ground cover"

means land plants growing on the earth's surface and/or their remains and includes trees less than four inches in diameter measured at 24 inches above the ground level.

"Land clearing"

means the act of removing or destroying trees, topsoil, or ground cover from any undeveloped or partially developed lot, public lands, or public right-of-way.

"Partially developed lot"

means a lot or parcel of land upon which a usable structure is located and which is of sufficient area so as to be capable of subdivision in accordance with the subdivision code.

"Plan"

means a proposed method of achieving an end; including, but not limited to, specifications for design, implementation, and maintenance.

"Sediment"

means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level.

"Sedimentation"

means the deposition of sediment.

"Site alteration"

means grading, excavating, filling, or other alterations of the earth's surface where material or manmade ground cover is destroyed and which may result in or contribute to erosion and sedimentation.

"Slope"

means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

"Soil"

means unconsolidated mineral and organic material on the immediate surface of the earth, overlying bedrock that serves as a natural medium for the growth of land plants.

"Surface runoff"

means water flowing over the ground surface.

"Tree"

means a living woody plant characterized by one main stem or trunk and many branches, and having a diameter of four inches or more measured at 24 inches above ground level.

"Undeveloped lot"

means a lot or parcel of land upon which no usable structure exists.

(Ord. 1581 § 57, 2013)

§ 14.20.060 Permit – Required.

Except as otherwise exempted by DMMC § 14.20.180, no grading, filling, or land clearing within the City shall be performed by any person, corporation, or other legal entity without first having obtained a permit from the code official. A grading permit does not include the construction of retaining walls or other structures.

(Ord. 1581 § 58, 2013)

§ 14.20.070 Permit – Application.

An application for a land clearing, grading, or filling permit shall be submitted on a form provided by the City.

(Ord. 1581 § 59, 2013)

§ 14.20.080 Permit – Plans and specifications.

Permit applications shall be accompanied by two sets of specifications and plans drawn to the appropriate scale and containing the following information as determined necessary by the code official:

Plan Sheet Specifications. All plan sheets will contain the following information:

The date, basis, and datum of the contours, which shall be referenced to the City's network of benchmarks, if applicable;

Date, north arrow, and adequate scale (1:10, 1:20, or 1:40) on all maps and plans;

Contours will be at two-foot contour intervals;

Contact information for the applicant and the property owner, and legal description of the property;

Site Plan. An accurate plan for the entire site illustrating the existing conditions shall be submitted to the City containing the following information:

Plans shall show the existing grade for the entire site and the adjoining properties within 100 feet;

All property lines with bearings and distances shown;

Existing vegetation on the site designated by its common names, location, type, size and condition of trees and ground cover on site;

The location of all existing storm water facilities, natural and manmade, which transport surface water onto the site, into site soils through infiltration, across the site, or from the site;

The location and estimated capacity of any areas which impound surface water;

Location and estimated discharge of all visible springs in excess of one gallon per minute;

The location of all structures, utilities, and their appurtenances, including structures and utilities on adjacent properties within 20 feet when such information is reasonably available. Said improvement locations shall also be staked on site to enable the City to review improvement locations and their relationship to the site and existing vegetation;

(h)

Identification of all areas regulated by the provisions of Title 16 DMMC;

(i)

Location and capacity of all drainage facilities and related construction;

Grading/Clearing Plan. An accurate plan for the entire site illustrating the proposed conditions shall be submitted to the City containing the following information:

Plans shall show the finish grade in relation to the existing grade for the entire site and the adjoining properties within 100 feet in sufficient detail to identify how grade changes will conform to the requirements of this code;

Location and capacity of all drainage facilities and related construction;

Boundaries of all areas to remain in the existing or natural condition;

Location of all vegetation shown on the plan which will remain after completion of the work and the minimum distance to the nearest excavation and/or filling;

Landscape plan;

The placement of excavated material, fill, and other graded material;

Location of building setback lines, and approximate demarcation of land cuts including but not limited to foundations, retaining walls, and driveways;

(4)

Temporary Erosion and Sedimentation Control Plan.

Sequence for clearing, grading, filling, drainage alteration, and other land-disturbing activities;

On-site soil or earth material storage locations and source of import materials, and location of the site where soils will be disposed;

Schedule for installation and removal of all temporary erosion and sediment control measures, including vegetative measures;

Schedule for construction of final improvements, if any;

Schedule for the installation of required permanent erosion and sediment control devices, if any; and

§ 14.20.110 Permit – Expiration – Extension.

An outline of the methods to be used in clearing vegetation and in storing and disposing of the cleared vegetative matter;

(5)

Other information as deemed necessary by the code official;

(6)

Compliance with the State Environmental Policy Act of 1971, including Title 197 WAC and Title 16 DMMC;

(7)

Plans shall include a statement signed by a registered professional engineer certifying that all provisions of this code and all relevant laws, ordinances, rules, and regulations, together with recommendations contained in any soils engineering, engineering geology, and hydrology reports applicable to the project have been incorporated in the plans and specifications or if not, the exceptions and the reasons for each exception.

(Ord. 1581 § 60, 2013; Ord. 1671 § 10, 2017)

§ 14.20.090 Permit – Review.

Permit applications shall be referred to a technical advisory body for review when deemed advisable by the City Manager or the City Manager's designee.

(Ord. 1581 § 61, 2013)

§ 14.20.100 Decision of code official.

The City Manager or the City Manager's designee shall complete the review and make a decision within 120 days from the date a complete application is submitted, unless an extension is authorized by the City.

(Ord. 1581 § 62, 2013)

Except when specific time limits are set by the City Manager or the City Manager's designee, any permit granted under this chapter shall expire one year from the date of issuance.

The City Manager or the City Manager's designee may set specific limits to the project commencement and/or completion for any reasonable purpose, including but not limited to environmental reasons or for coordination with other permitted site work.

§ 14.20.120 Permit notice to be posted.

Upon a showing of good cause, a permit may be extended for six months. Approved plans shall not be amended without authorization of the City Manager or the City Manager's designee.

(Ord. 1581 § 63, 2013)

No work shall commence until a permit notice has been posted on the subject site at a conspicuous location. The notice shall remain posted until the project has been completed.

(Ord. 1581 § 64, 2013)

§ 14.20.130 Project inspection.

All projects which include land clearing, grading, or filling shall be subject to inspection by the City Manager or the City Manager's designee. The City Manager or the City Manager's designee shall be granted unlimited right of entry to the work site by the applicant for the purposes of making inspections to determine that the requirements of the plans and permits are being complied with and for the purposes of taking corrective measures of an emergency nature. The cost of such corrective measures shall be borne by the applicant. The City Manager or the City Manager's designee may require inspection and testing by an approved testing agency at any stage of the application or project.

(Ord. 1581 § 65, 2013)

§ 14.20.140 Suspension or revocation of permits.

A land clearing, grading, or filling permit may be suspended or revoked by the City Manager or the City Manager's designee because of incorrect information supplied or any violation of the provisions of this chapter.

Whenever the City Manager or the City Manager's designee determines that the act or intended act of land clearing, grading, or filling has become or will constitute a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way, drainage channel, stream, or surface water, including siltation and sedimentation therein, the City Manager or the City Manager's designee shall immediately suspend the land clearing, grading, or filling permit.

§ 14.20.150 Operating conditions and standards of performance.

The permittee or other person or agent in control of the property, upon receipt of notice in writing from the City Manager or the City Manager's designee, shall, within the period specified therein, terminate such land clearing, grading, or filling, or eliminate the same from the development plans, or modify the plans, as may be required so as to eliminate the hazard and be in conformance with the requirements of this code. The permittee shall also be required to take measures to correct damages caused to adjacent and/or downstream or upstream properties, under the direction of the City Manager or the City Manager's designee, or if not accomplished in a reasonable period of time the City shall do so using the security provided as part of the land clearing, grading, and filling permit under which the work was done.

(Ord. 1581 § 66, 2013)

Permits authorized under this chapter shall conform to the following provisions unless otherwise recommended or as approved by the City Manager or the City Manager's designee:

Excavations. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than two horizontal to one vertical (50 percent) unless the applicant furnishes a soils report justifying a steeper slope.

Fills. Unless otherwise recommended in the soils report and approved by the City Manager or the City Manager's designee, fills shall conform to the following provisions:

The ground surface shall be prepared to receive fill by removing vegetation, top soil, and any other unsuitable materials (oversized rock, concrete slabs, tree stumps, brush, and old car bodies, etc.) and scarifying the ground to provide a bond with the fill material.

Fill material shall not include organic, frozen or other deleterious materials. No rock or similar irreducible material greater than 12 inches (305 mm) in any dimension shall be included in fills.

All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth.

The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than two horizontal to one vertical (50 percent) shall be justified by soils reports or engineering data.

Erosion/Sedimentation Control. All disturbed areas, including faces of cut and fill slopes, shall be prepared and maintained to control erosion/sedimentation in accordance with the specifications of the surface water design manual.

(4)

Setbacks. The crests and toes of cut and fill slopes shall be set back from property boundaries by at least 25 feet to prevent damages resulting from surface runoff or erosion-sedimentation from the slopes. The top and the toes of cut and fill slopes shall be set back from structures by at least one-half the height of the slope plus 25 feet for adequacy of foundation support and to prevent damages resulting from surface runoff or erosion-sedimentation of the slopes.

(5)

Excavations to Water-Producing Depth. All excavations must be made to a water-producing depth or grade to permit natural drainage. The excavations made to a water-producing depth shall be reclaimed in the following manner:

Depth of the excavation must not be less than two feet measured below the low-water mark.

All banks shall be sloped to the water line no steeper than 2:1.

In no event shall the term "water-producing depth" be construed to allow stagnant or standing water to collect or remain in the excavations.

(6)

Bench Terrace. Benches at least 10 feet in width shall be back-sloped and shall be established at no more than 10-foot vertical intervals to control surface drainage and debris. Swales or ditches on benches shall have a maximum gradient of one percent.

(7)

Hazardous Conditions. Signs warning of hazardous conditions, if such exist, shall be affixed at clearly visible locations.

(8)

Fencing. Where required by the City Manager or the City Manager's designee to protect life, limb, and property, fencing shall be installed with lockable gates which must be closed and locked when the site is not being attended. The fence must be no less than five feet in height and the fence material shall have no horizontal opening larger than two inches.

(9)

Drainage. Provisions shall be made to prevent surface water or seepage from damaging the cut face of excavations or the sloping face of a fill and to carry surface waters that are or might be concentrated as a result of a fill or excavation to a natural watercourse or other means as approved by the City Manager or the City Manager's designee.

(10)

Drainage Review. All development activities shall make provisions for drainage pursuant to the requirements of the surface water design manual.

(11)

All operations, conditions, and standards of performance shall be subject to the limitations as per required permits.

(12)

Environmentally Critical Areas. Any land clearing, grading, or filling activity in an environmentally critical area as defined in Title 16 DMMC is prohibited except for activity conducted in connection with a development exception approved in accordance with the requirements of chapter 16.10 DMMC.

(Ord. 1581 § 67, 2013)

§ 14.20.160 Fees.

There shall be a fee assessed to compensate the City for the expense of reviewing and processing plans, conducting inspections, providing for outside consulting services, and the like. The fee shall be set by written administrative directive and shall be related to the amount of anticipated service for the particular application. Fees for permits authorized under this chapter that are reviewed after the proposed site work has started will be assessed at twice the normal rate.

(Ord. 1581 § 68, 2013)

§ 14.20.170 Bonds and escrow.

The City Manager or the City Manager's designee may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected. In lieu of a surety bond, the applicant may elect to establish a cash escrow account with his bank in an amount deemed by the code official to be sufficient to reimburse the City if it should become necessary for the City to enter the property for the purpose of correcting and/or eliminating conditions relating to soil stability or aesthetic blight. The bond or escrow shall be in an amount of the estimated cost of correcting or eliminating the condition, including but not limited to the cost of restoring soil stability, eliminating drainage or erosion problems, or removal of blight and restoration and replanting of the property either in accordance with the terms of the permit or to restore the property as nearly as possible to its condition prior to the clearing or filling. The bond or escrow may be increased by the code official in accordance with this chapter.

(Ord. 1581 § 69, 2013)

§ 14.20.180 Exemptions.

Applicants must receive a written letter of exemption from the City Manager or the City Manager's designee before commencing with the exempted work. 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 this jurisdiction.

A grading or land clearing permit shall not be required for any of the following activities; provided, that the land clearing activity shall not exceed 2,000 square feet; the grading and filling activity shall not exceed 50 cubic yards; and that the clearing, grading, and filling activity shall be subject to the minimum requirements specified in this chapter:

The installation and maintenance of fire hydrants, water meters, pumping stations, and street furniture by the City or its contractors;

Removal of trees and ground cover in emergency situations involving immediate danger to life or property or substantial fire hazards;

Removal of trees or ground cover or dumping of fill on partially developed lots for the purpose of general property and utility maintenance, landscaping, or gardening; provided, that this exemption shall not apply to land clearing, grading, or filling for the purpose of developing the property with substantial permanent improvements such as roads, driveways, utilities, or buildings;

Removal of dead or diseased ground cover or trees;

A grading and filling activity does not obstruct a drainage course;

Grading and filling activity to place a building foundation approved under a City building permit and involves less than 120 cubic yards of grading and filling;

Cemetery graves;

(h)

Refuse disposal sites controlled by other regulations;

(i)

Exploratory excavations performed under the direction of a registered design professional. Exploratory excavation is not to begin construction of a building prior to receiving a permit (the sole purpose for preparing a soils report).