237 Clearing and Grading
It is the purpose of this chapter to regulate, by permit, activities that involve construction, disturbance, and permanent and temporary modification of lands in the City of Snohomish in the interest of public health, safety, and welfare to ensure that the activities minimize impacts to the environment and storm drainage facilities. (Ord. 2315, 2016)
A site civil permit for clearing and grading activities (hereunder referred to as “permit”) is required for the following activities:
A. Any clearing, filling, or excavation in an environmentally sensitive area or regulated buffer.
B. Fill and/or excavation totaling a minimum of 100 cubic yards. Quantities of fill and excavation are separately calculated and then added together. However, if excavated material is used as fill on the same site, the quantity is not calculated separately and then added together.
C. Over 1,000 square feet of clearing, as measured at the ground level. Clearing includes disturbance of over 1,000 square feet at grade due to felling or topping of trees. (Ord. 2315, 2016)
The following activities are exempt from the requirements for a permit:
A. Agricultural management of existing farmed areas.
B. Routine landscape maintenance of existing landscaped areas totaling less than 1,000 square feet on developed lots and other activities associated with maintaining an already established landscape.
C. Work needed to correct an immediate danger to life or property in an emergency situation as declared by the Mayor or his/her designee.
D. Cemetery graves.
E. Work, when approved by the City Engineer, in an isolated self-contained area, if there is no danger or impact to public or private property. (Ord. 2315, 2016; Ord. 2341, 2017)
A. Permit shall be issued by the Engineering Department upon proper application therefor and upon payment of fees to be set by separate Council resolution. Unless provided otherwise on the face of the permit, the permit shall be effective for one year, but may, with cause shown, be extended by the City Engineer for an additional one-year period.
B. Permit shall be issued only in conjunction with one or more of the following:
1. Approved building permit;
2. Approved administrative development plan;
3. Utility extension;
4. Property access road;
5. Approved conditional use permit;
6. Approved street, water, storm and sanitary sewer construction drawings for a preliminary plat or short plat;
7. Approved shoreline permit;
8. Special permission of the permit authority based on a demonstration that extenuating and/or special circumstances are present and that the project is consistent with the grading and drainage plan with landscaping, soil stabilization and surface groundcover elements including continuous maintenance;
a. Decision Criteria. The permit authority may approve or approve with modifications an application submitted under this subsection only if:
i. The proposal is in accord with the Comprehensive Plan, comprehensive drainage plan, land use development code, drainage management code and other City codes and adopted standards,
ii. The approval of the proposal will not pose a threat to or be detrimental to the public health, safety and welfare, and
iii. The applicant has demonstrated that approval of the proposal independent of obtaining other permits is appropriate for the reasonable development or maintenance of the property and when the application specifies the size, location, and type of proposed uses for the project when it is completely developed.
b. Time Limits May Be Imposed. For any permit authorized under this subsection the permit authority may impose a time limit within which the proposed site work must be completed, generally not to exceed one year.
c. Conditions May Be Imposed. For any permit authorized under this subsection the permit authority may impose any conditions deemed necessary to mitigate potential adverse impacts on the environment and the public’s health, safety, and general welfare. (Ord. 2315, 2016)
Permittees shall comply with the following conditions, which shall apply to all permits:
A. Comply with all applicable City ordinances, City design and construction standards, specifications, policies, and administrative procedures.
B. Agree to defend, indemnify, and hold harmless the City of Snohomish, its officers, employees, and agents, for any and all suits, claims, causes of action, or liabilities caused by or arising out of any activities conducted by the permittee resulting from issuance of the permit.
C. Agree to special project notification of the City, affected property owners and tenants, or other agencies as specified by the City Engineer.
D. Notify the City 48 hours before installation of temporary erosion and sediment control measures and commencing any land-disturbing activity.
E. Install all temporary erosion and sediment control measures as identified in the approved plans prior to commencing any land-disturbing activity.
F. Delimit all potentially impacted critical areas and their buffers with a construction limits fence prior to any disturbance of the soil.
G. Notify the City within 24 hours after the temporary erosion and sediment control measures installation is completed and do not commence any land-disturbing activity until notified by the City that the installation of the temporary erosion and sediment control measures and construction limits fencing has been approved.
H. Obtain permission in writing from the City prior to modifying any of the plans.
I. Maintain all road drainage systems, storm water drainage systems, control measures, and other facilities identified in the plans.
J. Protect areas to remain undisturbed and identified for low impact development facilities/uses and minimize equipment encroachment into these areas.
K. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land-developing or -disturbing activities.
L. Inspect the erosion construction control measures at least once each week during construction after each rain of 0.5 inch or more (over a 24-hour period), and immediately make any needed repairs.
M. Allow the City to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans.
N. Keep an up-to-date, approved copy of the plans on the site.
O. Understand and agree that the City Engineer may, at his or her discretion, attach other special conditions to any permit. Such condition(s) shall be necessary to satisfy the purpose of this chapter, compliance with the Ecology Stormwater Management Manual or to protect the public health, safety, and welfare.
P. Understand and agree that all construction, workmanship and materials shall be in accordance with the City Engineering Design Standards, City adopted Department of Ecology Stormwater Management Manual for Western Washington, and where applicable, the most current edition of the State of Washington Standard Specifications for Road, Bridge and Municipal Construction. (Ord. 2315, 2016)
The following minimum standards must be satisfied as a condition of issuance of any development permit:
A. Temporary Erosion and Sediment Control. Temporary erosion and sediment control plan shall be in accordance with the City Engineering Design Standards and the City adopted Department of Ecology Stormwater Management Manual for Western Washington.
B. Grading. The following are the minimum standards for grading unless otherwise modified by an approved grading plan:
1. Grading shall not contribute to or create landslides, accelerated soil creep, or settlement of soils.
2. Natural land and water features, vegetation, drainage and other natural features of the site shall be reasonably preserved.
3. Grading shall not create or contribute to flooding, erosion, increased turbidity, or siltation of a watercourse.
4. Groundcover and tree disturbance shall be minimized. Tree retention and/or removal shall be in accordance with the provisions of Chapter 14.240 SMC.
5. Grading operations shall be conducted so as to expose the smallest practical area to erosion for the least possible time.
6. Grading shall not divert existing watercourses.
7. The duff layer and native soils shall be retained in an undisturbed state to the maximum extent practicable in areas not intended for building pads, access ways or other impervious surfaces.
C. Aesthetic and spatial impact of altered grades on adjacent properties both public and private shall be considered in site design.
D. Sites shall be developed to promote continuity and to minimize abrupt grade changes between sites.
E. Clearing and grading shall be the minimum necessary for the structure and to make installation and function of infrastructure feasible and economic for future service extensions to adjacent properties.
F. Natural topography and the proposed layout of the development shall be considered when siting roads in order to anticipate grading needs and minimize extensive grading.
G. Sensitive Areas. No land-disturbing activity shall be permitted in a regulated sensitive area, except as otherwise allowed by applicable laws and permits.
H. Clean-Up. Persons and/or firms engaged in clearing, grading, filling, or drainage activities shall be responsible for the maintenance of work areas free of debris or other material that may cause damage to or siltation of existing or new facilities or have the potential of creating a safety hazard.
I. Dust Suppression. Dust from clearing, grading and other construction activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrainment. Any dust suppressants used shall be approved by the director. Petrochemical dust suppressants are prohibited. (Ord. 2315, 2016)
All clearing, grading, filling, and excavation activities, regardless of whether or not a permit is required, are subject to the following restrictions:
A. No clearing, grading, filling, or excavation is allowed in a critical area and its buffers where such activities are prohibited by SMC Title 14.
B. For clearing and grading activities conducted between October 1st and March 31st, no more than one acre may be moved or graded at any one time.
C. Between October 1st and March 31st, grading of individual building lots in a subdivision shall be phased, with no more than 10 lots being graded in a subdivision at any one time. Before additional lots can be graded, the previously graded lots shall be hydro-seeded and mulched, sodded, or otherwise protected. (Ord. 2315, 2016)
A. Prior to any clearing, grading, filling, and/or drainage facility construction, the contractor may be required to conduct a preconstruction conference with the City’s Engineering Construction Inspector to coordinate the project.
B. All projects which include clearing, grading, filling or drainage shall be subject to inspection by the City Engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the City Engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee.
C. Each site that has an approved clearing and grading, temporary erosion and sediment control or other required plans must be inspected as necessary to ensure that the temporary erosion and sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages:
1. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;
2. During the construction of sediment basins or storm water management structures;
3. During rough grading, including hauling of imported or wasted materials;
4. Prior to the removal or modification of any sediment control measure or facility; and
5. Upon completion of final grading, including establishment of groundcover and planting, installation of all vegetative measures, and all other work in accordance with an approved plan and/or permit. (Ord. 2315, 2016)
A. Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted in writing and approved by the City Engineer in writing in advance of the construction of those changes.
B. Final Reports. Upon completion of the rough grading and at the final completion of the work, the City Engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the City Engineer:
1. An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities.
2. A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan.
C. Notification of Completion. The permittee or their agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved grading, erosion sedimentation control and other required plans, and the required reports have been submitted and accepted. (Ord. 2315, 2016)
The City Engineer may, in writing, suspend or revoke a permit issued under the provisions of this chapter for any of the following reasons:
A. Whenever the permit was issued in error or on the basis of incorrect information supplied by the applicant.
B. Whenever the work does not proceed in accordance with the plans as approved, or conditions of approval.
C. Whenever, in the judgment of the City Engineer, the work is not being performed in compliance with the requirements of this chapter, other City ordinances, or state or federal law.
D. Whenever the City has been denied reasonable access to investigate and permitted work is proceeding.
E. Whenever any excavation or fill endangers or may reasonably be expected to endanger the public, the adjoining property or street, or utilities. (Ord. 2315, 2016)
The obligation of complying with the requirements of this chapter rests upon the permittee, and no provision is intended to impose any special duty upon the City, or any of its officers, employees, or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create a special relationship with any contractor, owner, permittee, or member of the public, or form the basis for liability on the part of the City, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation of enforcement of this chapter or any procedures adopted hereunder by the City, its officers, employees, or agents.
The City Engineer and other employees charged with the enforcement and administration of this chapter or agents of the City, acting for the City in good faith and without malice in the discharge of their duties, shall not thereby render themselves liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties. (Ord. 2315, 2016)
If any one or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portions of this code, and the same shall remain in full force and effect. (Ord. 2315, 2016)
237 Clearing and Grading
It is the purpose of this chapter to regulate, by permit, activities that involve construction, disturbance, and permanent and temporary modification of lands in the City of Snohomish in the interest of public health, safety, and welfare to ensure that the activities minimize impacts to the environment and storm drainage facilities. (Ord. 2315, 2016)
A site civil permit for clearing and grading activities (hereunder referred to as “permit”) is required for the following activities:
A. Any clearing, filling, or excavation in an environmentally sensitive area or regulated buffer.
B. Fill and/or excavation totaling a minimum of 100 cubic yards. Quantities of fill and excavation are separately calculated and then added together. However, if excavated material is used as fill on the same site, the quantity is not calculated separately and then added together.
C. Over 1,000 square feet of clearing, as measured at the ground level. Clearing includes disturbance of over 1,000 square feet at grade due to felling or topping of trees. (Ord. 2315, 2016)
The following activities are exempt from the requirements for a permit:
A. Agricultural management of existing farmed areas.
B. Routine landscape maintenance of existing landscaped areas totaling less than 1,000 square feet on developed lots and other activities associated with maintaining an already established landscape.
C. Work needed to correct an immediate danger to life or property in an emergency situation as declared by the Mayor or his/her designee.
D. Cemetery graves.
E. Work, when approved by the City Engineer, in an isolated self-contained area, if there is no danger or impact to public or private property. (Ord. 2315, 2016; Ord. 2341, 2017)
A. Permit shall be issued by the Engineering Department upon proper application therefor and upon payment of fees to be set by separate Council resolution. Unless provided otherwise on the face of the permit, the permit shall be effective for one year, but may, with cause shown, be extended by the City Engineer for an additional one-year period.
B. Permit shall be issued only in conjunction with one or more of the following:
1. Approved building permit;
2. Approved administrative development plan;
3. Utility extension;
4. Property access road;
5. Approved conditional use permit;
6. Approved street, water, storm and sanitary sewer construction drawings for a preliminary plat or short plat;
7. Approved shoreline permit;
8. Special permission of the permit authority based on a demonstration that extenuating and/or special circumstances are present and that the project is consistent with the grading and drainage plan with landscaping, soil stabilization and surface groundcover elements including continuous maintenance;
a. Decision Criteria. The permit authority may approve or approve with modifications an application submitted under this subsection only if:
i. The proposal is in accord with the Comprehensive Plan, comprehensive drainage plan, land use development code, drainage management code and other City codes and adopted standards,
ii. The approval of the proposal will not pose a threat to or be detrimental to the public health, safety and welfare, and
iii. The applicant has demonstrated that approval of the proposal independent of obtaining other permits is appropriate for the reasonable development or maintenance of the property and when the application specifies the size, location, and type of proposed uses for the project when it is completely developed.
b. Time Limits May Be Imposed. For any permit authorized under this subsection the permit authority may impose a time limit within which the proposed site work must be completed, generally not to exceed one year.
c. Conditions May Be Imposed. For any permit authorized under this subsection the permit authority may impose any conditions deemed necessary to mitigate potential adverse impacts on the environment and the public’s health, safety, and general welfare. (Ord. 2315, 2016)
Permittees shall comply with the following conditions, which shall apply to all permits:
A. Comply with all applicable City ordinances, City design and construction standards, specifications, policies, and administrative procedures.
B. Agree to defend, indemnify, and hold harmless the City of Snohomish, its officers, employees, and agents, for any and all suits, claims, causes of action, or liabilities caused by or arising out of any activities conducted by the permittee resulting from issuance of the permit.
C. Agree to special project notification of the City, affected property owners and tenants, or other agencies as specified by the City Engineer.
D. Notify the City 48 hours before installation of temporary erosion and sediment control measures and commencing any land-disturbing activity.
E. Install all temporary erosion and sediment control measures as identified in the approved plans prior to commencing any land-disturbing activity.
F. Delimit all potentially impacted critical areas and their buffers with a construction limits fence prior to any disturbance of the soil.
G. Notify the City within 24 hours after the temporary erosion and sediment control measures installation is completed and do not commence any land-disturbing activity until notified by the City that the installation of the temporary erosion and sediment control measures and construction limits fencing has been approved.
H. Obtain permission in writing from the City prior to modifying any of the plans.
I. Maintain all road drainage systems, storm water drainage systems, control measures, and other facilities identified in the plans.
J. Protect areas to remain undisturbed and identified for low impact development facilities/uses and minimize equipment encroachment into these areas.
K. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land-developing or -disturbing activities.
L. Inspect the erosion construction control measures at least once each week during construction after each rain of 0.5 inch or more (over a 24-hour period), and immediately make any needed repairs.
M. Allow the City to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans.
N. Keep an up-to-date, approved copy of the plans on the site.
O. Understand and agree that the City Engineer may, at his or her discretion, attach other special conditions to any permit. Such condition(s) shall be necessary to satisfy the purpose of this chapter, compliance with the Ecology Stormwater Management Manual or to protect the public health, safety, and welfare.
P. Understand and agree that all construction, workmanship and materials shall be in accordance with the City Engineering Design Standards, City adopted Department of Ecology Stormwater Management Manual for Western Washington, and where applicable, the most current edition of the State of Washington Standard Specifications for Road, Bridge and Municipal Construction. (Ord. 2315, 2016)
The following minimum standards must be satisfied as a condition of issuance of any development permit:
A. Temporary Erosion and Sediment Control. Temporary erosion and sediment control plan shall be in accordance with the City Engineering Design Standards and the City adopted Department of Ecology Stormwater Management Manual for Western Washington.
B. Grading. The following are the minimum standards for grading unless otherwise modified by an approved grading plan:
1. Grading shall not contribute to or create landslides, accelerated soil creep, or settlement of soils.
2. Natural land and water features, vegetation, drainage and other natural features of the site shall be reasonably preserved.
3. Grading shall not create or contribute to flooding, erosion, increased turbidity, or siltation of a watercourse.
4. Groundcover and tree disturbance shall be minimized. Tree retention and/or removal shall be in accordance with the provisions of Chapter 14.240 SMC.
5. Grading operations shall be conducted so as to expose the smallest practical area to erosion for the least possible time.
6. Grading shall not divert existing watercourses.
7. The duff layer and native soils shall be retained in an undisturbed state to the maximum extent practicable in areas not intended for building pads, access ways or other impervious surfaces.
C. Aesthetic and spatial impact of altered grades on adjacent properties both public and private shall be considered in site design.
D. Sites shall be developed to promote continuity and to minimize abrupt grade changes between sites.
E. Clearing and grading shall be the minimum necessary for the structure and to make installation and function of infrastructure feasible and economic for future service extensions to adjacent properties.
F. Natural topography and the proposed layout of the development shall be considered when siting roads in order to anticipate grading needs and minimize extensive grading.
G. Sensitive Areas. No land-disturbing activity shall be permitted in a regulated sensitive area, except as otherwise allowed by applicable laws and permits.
H. Clean-Up. Persons and/or firms engaged in clearing, grading, filling, or drainage activities shall be responsible for the maintenance of work areas free of debris or other material that may cause damage to or siltation of existing or new facilities or have the potential of creating a safety hazard.
I. Dust Suppression. Dust from clearing, grading and other construction activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrainment. Any dust suppressants used shall be approved by the director. Petrochemical dust suppressants are prohibited. (Ord. 2315, 2016)
All clearing, grading, filling, and excavation activities, regardless of whether or not a permit is required, are subject to the following restrictions:
A. No clearing, grading, filling, or excavation is allowed in a critical area and its buffers where such activities are prohibited by SMC Title 14.
B. For clearing and grading activities conducted between October 1st and March 31st, no more than one acre may be moved or graded at any one time.
C. Between October 1st and March 31st, grading of individual building lots in a subdivision shall be phased, with no more than 10 lots being graded in a subdivision at any one time. Before additional lots can be graded, the previously graded lots shall be hydro-seeded and mulched, sodded, or otherwise protected. (Ord. 2315, 2016)
A. Prior to any clearing, grading, filling, and/or drainage facility construction, the contractor may be required to conduct a preconstruction conference with the City’s Engineering Construction Inspector to coordinate the project.
B. All projects which include clearing, grading, filling or drainage shall be subject to inspection by the City Engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the City Engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee.
C. Each site that has an approved clearing and grading, temporary erosion and sediment control or other required plans must be inspected as necessary to ensure that the temporary erosion and sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages:
1. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;
2. During the construction of sediment basins or storm water management structures;
3. During rough grading, including hauling of imported or wasted materials;
4. Prior to the removal or modification of any sediment control measure or facility; and
5. Upon completion of final grading, including establishment of groundcover and planting, installation of all vegetative measures, and all other work in accordance with an approved plan and/or permit. (Ord. 2315, 2016)
A. Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted in writing and approved by the City Engineer in writing in advance of the construction of those changes.
B. Final Reports. Upon completion of the rough grading and at the final completion of the work, the City Engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the City Engineer:
1. An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities.
2. A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan.
C. Notification of Completion. The permittee or their agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved grading, erosion sedimentation control and other required plans, and the required reports have been submitted and accepted. (Ord. 2315, 2016)
The City Engineer may, in writing, suspend or revoke a permit issued under the provisions of this chapter for any of the following reasons:
A. Whenever the permit was issued in error or on the basis of incorrect information supplied by the applicant.
B. Whenever the work does not proceed in accordance with the plans as approved, or conditions of approval.
C. Whenever, in the judgment of the City Engineer, the work is not being performed in compliance with the requirements of this chapter, other City ordinances, or state or federal law.
D. Whenever the City has been denied reasonable access to investigate and permitted work is proceeding.
E. Whenever any excavation or fill endangers or may reasonably be expected to endanger the public, the adjoining property or street, or utilities. (Ord. 2315, 2016)
The obligation of complying with the requirements of this chapter rests upon the permittee, and no provision is intended to impose any special duty upon the City, or any of its officers, employees, or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create a special relationship with any contractor, owner, permittee, or member of the public, or form the basis for liability on the part of the City, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation of enforcement of this chapter or any procedures adopted hereunder by the City, its officers, employees, or agents.
The City Engineer and other employees charged with the enforcement and administration of this chapter or agents of the City, acting for the City in good faith and without malice in the discharge of their duties, shall not thereby render themselves liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties. (Ord. 2315, 2016)
If any one or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portions of this code, and the same shall remain in full force and effect. (Ord. 2315, 2016)