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.
D.
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.
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.
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. 09-033 § 6, 2009; Ord. 21-005 § 3, 2021)