Agenda 03/26/2009 CITY OF Spokane Valley Planning Commission Agenda
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aneCouncilSprague Chambers, 11707 E. S ue Ave.
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March 26, 2009 6:00 p.m. to 9:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: January 8, 2009, February 26, 2009
VI. PUBLIC COMMENT: On any subject that is not on the agenda
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
OLD BUSINESS: CONTINUED PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENTS
NEW BUSINESS: STUDY SESSION STREET STANDARDS, UDC AMENDMENTS FOR
STREET STANDARDS
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR
JOHN G. CARROLL , VICE-CHAIR GREG MCCORMICK, PLANNING MGR, AICP
CRAIG EGGLESTON SCOTT KUHTA, LONG RANGE PLANNER, AICP
JOE MANN MIKE BASINGER, SENIOR PLANNER, AICP
MARCIA SANDS CARY DRISKELL, DEPUTY CITY ATTORNEY
ART SHARPE DEANNA GRIFFITH, ADMIN
TOM TOWEY WWW.SPOKANEVALLEY.ORG
P:\Community Development\Planning Commission\2009 Meetings-Planning Commission\03-26-09 PC meeting\PC
Agenda 03-26-09.doc
City of Spokane Valley
Request for Planning Commission Review
DATE: March 26,2009
TYPE:
❑ Consent ® Old Business ❑ New Business ❑ Public Hearing
❑ Legislation ❑ Information ❑ Administrative Report
AGENDA ITEM TITLE: 2009 Comprehensive Plan Amendments-Planning Commission Summary of
Previous Actions and Adoption of Findings of Fact
GOVERNING LEGISLATION: Spokane Valley Comprehensive Plan
PREVIOUS COMMISSION ACTION TAKEN: Public hearing on March 12,2009
BACKGROUND: The City of Spokane Valley's Comprehensive Plan provides for an annual
amendment process. This amendment cycle the Community Development Department received one
request for a site-specific Comprehensive Plan map amendment. The City initiated three site-specific
map amendments and initiated a number of Comprehensive Plan text amendments. Amendments are
proposed to Chapter 2—Land Use; Chapter 3—Transportation; Chapter 4—Capital Facilities Plan&
Public Service; and Chapter 8—Natural Environment.
On March 12,2009,the Planning Commission reviewed CPA-01-09 thru CPA-08-09. Further research
was requested on CPA-01-09 (See Exhibit 1)and CPA-05-09(See Exhibit 2).
The Planning Commission's recommendations on CPA-02-09 thru CPA-04-09 and CPA-06-09 thru CPA-
08-09 are summarized below:
File No. CPA-01-09:
Application/Description of Proposal: Comprehensive Plan Map amendment to change the designation
on parcels 45242.9032,45242.9033,45242.9035, 45242.9036,45242.9050, 45242.9051,45242.9056 and
45242.9057 from Low Density Residential to High Density Residential with a corresponding zoning
change from Single-family Residential District(R-3)to Multi-family High Density Residential District
(MF-2).
Applicant:
Marie Olbricht; 15710 East 4th Avenue; Spokane Valley,WA 99037
Brook and Jody Kamp; 12110 East 10th Avenue; Spokane Valley,WA 99206
Joy Swenson; 15808 East 4th Avenue; Spokane Valley,WA 99037
Dennis Crapo; 15321 East Mission Avenue; Spokane Valley,WA 99037
Christine Kimball; 15714 East 4th Avenue; Spokane Valley,WA 99037
Amendment Location: Parcels 45242.9032,45242.9033,45242.9035, 45242.9036,45242.9050,
45242.9051,45242.9056 and 45242.9057; located on the south side of 4th Avenue between Sullivan Road
and Conklin Road;further located in the south half of the northwest quarter of Section 24,Township 25
North, Range 44 East, Willamette Meridian, Spokane County,Washington.
PC Recommendation: Deliberation continued to explore alternatives for the proposed
amendment(See Exhibit 1).
Page 1 of 3
File No. CPA-02-09:
Application/Description of Proposal: City initiated site specific Comprehensive Plan map amendment
on parcels 45242.1002 and 45242.1006 from High Density Residential(HDR)to Neighborhood
Commercial(NC).; corresponding zoning map amendment from Multi-family High Density Residential
(MF-2)to Neighborhood Commercial(NC).
Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley, WA 99206
Amendment Location: The northeast corner of 4th Avenue and Sullivan Road,parcels 45242.1002 and
45242.1006,addressed as 315 and 325 South Sullivan Road; further located in the NW 1/4 of the NW'/4 of
Section 24, Township 25 North,Range 44 East,Willamette Meridian, Spokane County,Washington.
PC Recommendation: Change to Neighborhood Commercial (NC) and zone to
Neighborhood Commercial(NC)
File No. CPA-03-09:
Application/Description of Proposal: Comprehensive Plan Map amendment from Office(0)to
Community Commercial(CC); corresponding zoning map amendment from Office(0)to Community
Commercial(C)on six(6)parcels composing approximately 3.5 acres of land.
Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206
Amendment Location: The proposal is located between Mullan Road and Argonne Road from the
north side of Boone Avenue to the south side of Sinto Avenue;specifically located in the SE 1/4 of Section
17,Township 25 North,Range 44,East Willamette Meridian, Spokane Valley,Washington
PC Recommendation: Change to Community Commercial (C) and zone to Community
Commercial(C)
File No. CPA-04-09
Application/Description of Proposal: Comprehensive Plan Map amendment to change from
Community Commercial(CC)to Low Density Residential(LDR);corresponding zoning map amendment
from Community Commercial(C)to Single-family Residential Urban District(R-4)on approximately .47
acres of land.
Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley, WA 99206
Amendment Location: The proposal is located on St Charles Road,approximately 780 feet north of
Sprague Avenue on the east side of Progress Road; specifically located in the SE '/4 of Section 14,
Township 25 North,Range 44 East Willamette Meridian, Spokane Valley,Washington.
PC Recommendation: Change to Low Density Residential (LDR) and zone to Single-family
Residential Urban (R-4)
File No. CPA-05-09:
Application/Description of Proposal: A City initiated text amendment to Chapter 2—Land Use. The
amendment updates Table 2.1 with new land quantity analysis information; updates/adds annexation
goals,policies and text.The amendment also evaluates all properties designated public/quasi-public and
proposes an appropriate land use designation and zone based on the predominant land use surrounding the
property.
Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206
Amendment Location: Text amendments to Chapter 2—Land Use will have city-wide implications.
Amendments to Public/Quasi-Public properties are located throughout the city.
PC Recommendation: Deliberations continued to modify the proposed Public/Quasi-
Public designation changes to ensure consistency with the Comprehensive Plan (See
Exhibit 2).
Page 2 of 3
File No. CPA-06-09
Application/Description of Proposal: Text amendment to Chapter 3—Transportation:Add text for new
bike classification; add new bike lanes that are complete or will be by the end of the construction season:
-Montgomery from Woodruff to University
-Wellesley from Evergreen to Progress
-Mansfield from Montgomery to SR 27
Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206
Amendment Location: Text amendments to Chapter 3—Transportation will have city-wide
implications.
PC Recommendation: Adopt text amendments to Chapter 3—Transportation as proposed
by staff.
File No. CPA-07-09
Application/Description of Proposal: Text amendment to Chapter 4—Capital Facilities Plan(CFP)and
Public Services: Update the 6-year Transportation Improvement Plan(TIP);update Water Districts&
Wellheads map;update Parks&Recreation map;update 6-year Sewer map; add annexation area level of
service language:
Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley, WA 99206
Amendment Location: Text amendments to Chapter 4—CFP&Public Services will have city-wide
implications.
PC Recommendation: Adopt text amendments to Chapter 4—CFP & Public Services as
proposed by staff.
File No. CPA-08-09
Application/Description of Proposal: Text amendment to Chapter 8—Natural Environment: update
Wetlands map;update Fish&Wildlife Habitat map.
Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206
Amendment Location: Text amendments to Chapter 8—Natural Environment will have city-wide
implications.
PC Recommendation: Adopt text amendments to Chapter 8—Natural Environment as
proposed by staff.
The Spokane Valley Planning Commission conducted a public hearing on March 12,2009,to
consider the proposed amendments. After hearing public testimony,the Commission made
recommendations on three of the site-specific map amendments and three of the text
amendments. The Commission continued the public hearing for deliberation on CPA-01-09 and
CPA-05-09 to March 26,2009.
ADOPTION OF FINDINGS: The Planning Commission is required to adopt findings of fact
(Sections 17.80.140 & 17.80.150)when recommending changes to the comprehensive plan.
Each staff report contains findings applicable to that particular request. At the conclusion of the
hearing for the comprehensive plan amendments the Planning Commission should,by separate
motion, adopt the findings of fact.
ATTACHMENTS: Exhibit 1: CPA-01-09 Analysis
Exhibit 2: CPA-05-09 P/Q-P Adjustments
STAFF CONTACT: Mike Basinger,AICP, Senior Planner
Page 3 of 3
EXHIBIT 1
Stiokane
,11�iiivy® 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: Chair Robertson and Planning Commission
CC: Kathy McClung, Community Development Director
Greg McCormick,Planning Manager
From: Karen Kendall,Assistant Planner
Date: March 19, 2009
Re: CPA-01-09
On March 12, 2009,the Planning Commission closed the public hearing for Comprehensive Plan
Amendment File No. CPA-01-09 and continued deliberations to March 26, 2009. Discussion
occurred during the hearing regarding potential building heights along the eastside of the
proposed amendment abutting the Shelley Lake Development also known as Reflections.
Staff has provided a table that identifies the differences between the existing zoning designation
of Single-Family Residential Suburban District (R-3) compared with Single-Family Residential
Urban District (R-4), Multifamily Medium Density Residential District (MF-1) and Multifamily
High Density Residential District(MF-2)zoning designations.
Existing Proposed
Zoning: R-3 R-4 MF-1 MF-2
Comprehensive Plan Designation: LDR LDR MDR HDR
Minimum Lot Size per Dwelling Unit: 7,500 ft2 6,000 ft2 3,600 ft2 2,000 ft2
Maximum Height: 35 ft 35 ft 40 ft 50ft
Allowed Uses:
Single-Family Yes Yes Yes Yes
Duplex Yes Yes Yes Yes
Townhouse Yes Yes Yes Yes
Multi-family No Yes Yes Yes
Side Yard Setback: 5 ft 5ft 5ft 5ft
Open Space Required: None None 10% of 10%of
gross lot gross lot
Landscape Screening Buffer Next to None None Yes(1) Yes(1)
R-3 Zoning
Maximum #of Dwelling Units 64 81 135 243
(I) Requires a minimum six (6) foot high sight obscuring fence and minimum of five (5) feet of solid
landscaping.
There are apartment complexes currently in building permit review proposing three (3) stories
ranging from 26 feet to 35 feet in height as illustrated in the attached example. In each elevation
drawing, the proposed height was less than fifty (50) percent of the maximum height allowed in
3-19-09
Memo to Planning Commission
Re:CPA-01-09
the underlying zone. Height of proposed development is a valid concern, however by the
examples the maximum height of a zone is not commonly proposed.
Testimony from the neighborhood was concentrated on the height of potential multi-family
development within the High Density Residential (HDR) comprehensive plan designation. Staff
notes there is also a significant difference in density (maximum number of dwelling units per
acre) allowed between the R-4,MF-1 and MF-2 zoning designations.
The Planning Commission has the following options to consider:
1. Deny request for comprehensive plan amendment. This would keep the proposed site
designated Low Density Residential (LDR)with an R-3 zoning.
Staff Comment: The owner(s) may apply for a site specific rezone to change to an R-4
zoning district. As the table shows above, if all eight parcels proceed with a rezone the
maximum number of dwelling units allowed is 81. Multi family development is allowed
in an R-4 zoning designation with a maximum height of 35 feet. The Spokane Valley
Municipal Code (SVMC) does not require buffering and/or screening between an R-3 and
R-4 zoning nor is additional open space required.
2. Allow parcels 45242.9050, 45242.9051, 45242.9036, 45242.9057, 45242.9056,
45242.9033 and 45242.9035 to be changed to HDR comprehensive plan designation with
a subsequent zoning of MF-2 and modify the proposed amendment to remove parcel
45242.9032 from the proposed amendment.
Staff Comment: Parcel 45242.9032 would retain the existing comprehensive plan
designation of LDR and current zoning of R-3. The owner of this parcel could apply for
a site-specific rezone to the R-4 zoning designation that allows multi family development.
Multi family development in an R-4 zone does not require screening or landscape
buffering adjacent to R-3 zoned property located to the east. This option would provide
a transition along the east property line adjacent to single family residential zoning.
3. Allow parcels 45242.9050, 45242.9051, 45242.9036, 45242.9057, 45242.9056,
45242.9033 and 45242.9035 to be changed to HDR comprehensive plan designation with
a subsequent zoning of MF-2 and modify the proposed amendment to recommend parcel
45242.9032 be changed to MDR designation with a subsequent zoning of MF-1.
Staff Comment: This option would provide a transition along the east property line
adjacent to single family residential zoning. The description of Medium Density
Residential (MDR) in the comprehensive plan states "...should be used as transitional
housing between higher intensity land uses...to lower density single family residential
neighborhoods".
4. Proceed forward with allowing the proposed amendment to change to HDR
comprehensive plan designation with a subsequent zoning designation of MF-2.
Page 2 of 3
3-19-09
Memo to Planning Commission
Re:CPA-01-09
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Page 3 of 3
EXHIBIT 2
Exhibit 2: Public/Quasi-Public Adjustments
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2 of 2
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: March 26, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Adoption of the City of Spokane Valley Street Standards (Street
Standards) and changes to UDC Chapters 17.80, 18.50, 22.20, 22.50, 22.130, 22.150, and
24.50.
GOVERNING LEGISLATION:
PREVIOUS PLANNING COMMISSION ACTION TAKEN: None
BACKGROUND:
Ordinance 03-033 adopted the Spokane County Standards for Road and Sewer Construction by
reference. Since that time, all development and capital projects have complied with the County's
standards. This provided consistency during the initial years of incorporation. However, the
County standards are focused more on rural developments and have been difficult to work with
on our predominately infill development.
In late 2006, City Council authorized the amendment of the Street Master Plan contract with
JUB Engineers to include the development of the City's first street standards.
The street standards have been finalized. The following are proposed changes to the current
street standards:
• Establishing thresholds that trigger requirements for commercial permits
• Requiring that all land divisions improve fronting streets to the applicable standards
• Allowing modifications to local access streets when existing conditions make full
construction unfeasible for projects that meet infill criteria
• Allowing private streets for projects with less than 10 lots and when a public streets is
not needed or possible
• Changing the requirements for private driveways and streets to address Fire Code
requirements;
• Requiring connectivity
• Modifying street intersection and approach spacing to improve access management
• Adding traffic calming requirements
• Increasing the minimum pavement section for local access streets, private streets and
driveways
• Moving all technical requirements currently in UDC to the Street Standards
Staff is proposing changes to UDC title 17, 18, 22, 24 and Appendix A. Changes are necessary
because portions of these sections have engineering technical requirements. These
engineering requirements will be moved to the Street Standards and to address minor
inconsistencies.
• Chapter 17.80.030. Changing the reference to the Right-of-way permit in the Table
• Chapter 18.50. Adding a section for the Development Services Senior Engineer,
clarifying the authority of the Development Services Senior Engineer and Public Works
Director. Change is necessary because of the re-organization of Public Works and
Community Development.
• Chapter 22.20. Deleting portion of Chapter 22.20.080, this information is incorporated in
the Street Standards. Minor changes to language throughout.
• Chapter 22.50. Removing the entire Chapter 22.50.030 and portions of 22.50.040. This
requirement has been moved to the Street Standards.
• Chapter 22.130. Adding language to clarify purpose of chapter, regulated activities,
adopting Street Standards, review process, and authority to impose development
requirements. Clarifying language for reminder of chapter. Removing section for
Regional Pavement Cut Policy, the Street Standards adopt by reference the most
current version of Regional Pavement Cut Policy, a copy of which is attached for
reference. Deleting from the UDC Appendix 22-B
• Chapter 22.150. Removing sections 22.150.070 and 22.150.080. These sections are
incorporated in the Street Standards.
• Chapter 24.50. The proposal is a complete re-write of the current grading ordinance to
remove confusing information and clarify applicability and requirements for different land
disturbing activities.
• Adding definitions to Appendix A
OPTIONS: Discussion only
RECOMMENDED ACTION OR MOTION: Discussion only.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: John Hohman, Development Services Senior Engineer
Gloria Mantz, Development Engineer
ATTACHMENTS:
(1) Regional Pavement Cut Policy
(2) Amended Chapters of the UDC
, i
SPOKANE
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SPOKANE COUNTY COURT Nouse
DRAFT MODIFIED REGIONAL PAVEMENT CUT POLICY
March 11,2008
PURPOSE:
The purpose of this policy is to establish a uniform approach to pavement cuts and repair applicable to
utilities and other contractors working in the public rights-of-way.
POLICIES:
The local agency shall establish a tiered system based on the date of construction or reconstruction of
pavement and may apply also criteria for roadway condition. The policies applicable are as follows:
1. A pavement cut moratorium will be in effect for a period of three years for all new and
reconstructed Tier 1 roadways.
2. The policies for Tiers 2-4 roadways is as follows:
a. Full Policy: Patches/paving shall extend the full width of an established travel lane.
Pavement cuts shall be full depth and extend 2 feet(2'-0")beyond the nominal trench edge
longitudinally and transversely.There shall be no gaps<four feet(4'-0")from curb or gutter.
b. Modified Policy: Patches paving shall extend beyond the wheel path to the middle of the
travel lane.Pavement cuts shall be full depth and extend one foot(1'-0")beyond the nominal
trench edge longitudinally and transversely..There shall be no gaps<four feet(4'-0")from
curb or gutter.
c. Trench Only: Pavement cuts shall be full depth and extend one foot(1'-0")beyond the
nominal trench edge longitudinally and transversely at all locations within the roadway.No
longitudinal joints shall be located in the wheel path.
3. Tiers Based on Age of Pavement
Revised:3/11/2008 by S. Trabun,Avista 1
Tier 1 Tier 2 Tier 3 Tier 4
Arterial Streets: <3 years Years 4-5 Years 6-12 > 12 years
Modified
Principal Moratorium Policy Full Policy Full Policy Policy
Modified
Minor Moratorium Policy Full Policy Modified Policy Policy
Neighborhood Collector Moratorium Policy Full Policy Modified Policy Trench Only
Local Access Streets:
Industrial/Commercial Moratorium Policy Modified Policy Modified Policy Trench Only
Residential Moratorium Policy Modified policy Modified Policy Trench Only
Note: It is the discretion of each jurisdiction to review the individual road segment ages to determine
patch requirements on longitudinal installation over multiple roadway segments with variable
ratings. In principle,each road section will be patched according to the tier in which it is ranked.
Note: Any deviation from the Tier Policy will require approval in advance by the local agency.
Note: Each agency will provide date of last major reconstruct either electronically or on each permit.
Maintenance does not constitute a reconstruct for age determination.
Note: Moratorium policy will be reviewed as seam-sealing technology improves.
DEFINITIONS
Permittees: The utility company or contractor who submits an application for a permit to
obstruct and/or conduct construction operations in the public right-of-way. Local agencies and
their contractors shall be considered permittees for application of this policy even though the
respective agencies and/or their contractors may not take out permits.
Local Agency: The governing entity having jurisdiction of the area that the permittee has
submitted an application to obstruct or conduct construction operations.
Agency Engineer: City or County Engineer,his/her designee(Engineers,Inspectors, Project
Managers,Field Personnel)representing a Local Agency.
Standard Specifications: Current version of the WSDOT Standard Specifications for Road,
Bridge, and Municipal Construction, Supplemental Specifications and/or Drawings as attached by
local agencies.
Project Completion: Date when the following has occurred: final permanent restoration of
roadway is complete and approved by the inspector, and all as-built documentation has been
submitted to the local agency.A fax transmittal confirmation ticket of'as built' shall be
considered confirmation.
New Roadway: Any roadway that has had a designed rehabilitation in the permitted excavation
location that is less than or equal to three years.
Revised:3/11/2008 by S. Trabun,Avista 2
Travel Lane: travel lanes shall be established based on striping, or where there is no striping,
shall be twelve feet(12'-0")in width.
Length of Patch: For this document the length of all patches is the patch dimension parallel to
the roadway.
Width of Patch: For this document the width of all patches is the patch dimension perpendicular
to the roadway.
Assignee: The contractor who is taking out the permit.
Patch: Cut in the pavement as part of the current permitted job.
Potholing: Potholing is the practice of digging a test hole to expose underground utilities to
ascertain the horizontal and vertical location of the facility. The horizontal and vertical position of
the exposed facility must be tied to a survey benchmark or permanent above grade feature.The
position may be identified by GPS or traditional survey coordinates or by measuring the distance,
with a tape measure,to permanent features in three horizontal directions. In addition,the vertical
distance below grade should be obtained.
Bell Hole: A hole dug to allow room for workmen to make a repair or connection in buried pipe,
such as caulking bell-and-spigot pipe or welding steel pipe.A bell hole can also be used for the
starting location of an underground bore,when using the directional boring equipment. In the
broad sense, any hole other than a continuous trench opened for working on a buried facility
Compaction: Restoration and backfill of the Trench,Pothole, and Bell hole. Each shall be
compacted in lifts using the industry standard equipment to tamp the backfill material to 95%
density.
Tier:Age of asphalt
Full depth:Asphalt depth top to base of asphalt or thickness of asphalt
Gap: Distance between two asphalt patches
Keyhole:New technology for core drilling; used to drill a plug in the asphalt when checking the
depth of existing utilities.
MUTCD: Manual on Uniform Traffic Control Devices: Traffic Control should be set up to
warn and protect the workers and general public by avoiding the working area during
construction. Traffic Control must meet or exceed the Washington State modifications to the
MUTCD code for all work done with the City Right of Way(see http://mutcd.fhwa.dot.gov
section. Chapter 6G and 6H).
Revised: 3/11/2008 by S. Trabun,Avista 3
GENERAL REQUIREMENTS
1. Patching:
a. No patching material will be allowed within an existing patch if the new
patch exceeds seventy percent or more(70%+)of the existing patch.The
entire existing patch shall be replaced.
b. The minimum length of the patch parallel to the road shall be six feet(6'-
0"). If any part of the excavation,patch or damaged area intrudes into an
adjacent lane,that lane shall also be replaced in accordance with the tiered
chart.
c. New patches adjacent to any existing patch shall be installed at the existing
patch line.When this is not feasible,no gap of 4 feet or less shall exist.
d. When 2 or more patches are created within a given job that measure 15 feet
or less longitudinally or transversely they will be incorporated into a single
patch. Anytime five or more patches are required within a 350-foot
longitudinal area,the utility will notify the agency to determine if cost
sharing is an option to expand the pavement repair/replacement area.
e. Only saw cutting or approved grinding device will be allowed. Only parallel
and perpendicular pavement cuts will be allowed.No jagged,broken or
undermined edges.
f. All pavement overcuts shall be sealed using a product approved by the
agency.
g. The completed surface of all courses shall be of uniform texture; smooth,
uniform as to crown and grade and free from defects. The completed surface
of the wearing course shall not vary more than 1/4 inch from the lower edge
of a ten foot straightedge placed parallel to the centerline. Recognition and
consideration will be made for existing roadway conditions. The Agency
Engineer must approve corrective measures.
2. Materials. All patching materials and construction requirements not addressed in this
document shall conform to each Local Agency's Standards. Longitudinal cuts that
extend through multiple tier classifications will require discussion with the local
agency to determine appropriate patching approach.In principle, each road section
will be patched according to the tier in which it is ranked.
3. Traffic Control:
a. All existing traffic control markings will be replaced as soon as possible
after permanent paving is completed.
b. Temporary markings for lane lines and stop lines shall be in place prior to
the roadway opening for traffic.
c. All remaining temporary striping will be completed within seven days of
new pavement completion and shall be maintained by permittee until
permanently restored.
d. All traffic markings will be replaced per normal work practices.All
temporary traffic control for the work zone shall conform to the MUTCD
and Washington State modifications to the MUTCD. All traffic control is
subject to the approval of the Agency Engineer or his/her designee
Revised:3/11/2008 by S. Trabun,Avista 4
4. Emergency Repairs.The permittee shall be allowed to make emergency repairs
provided a more reasonable alternative does not exist. Every reasonable effort will
be made to restore the roadway quickly. Local agency will be notified of emergency
repairs not later than the next business day.
SPECIFIC REQUIREMENTS
1. Chip sealed roads shall be rehabilitated according to construction requirements for
asphalt roads as outlined in this document.
2. All existing pavement types shall be constructed at the existing depth of asphalt and
crushed surfacing, in accordance with applicable Local Agency Standards(including
any fabric or membranes);Replacement section of asphalt and crushed rock shall not
be less than the minimum section specified in Local Agency's Design Standards.
3. All concrete road cuts shall be pre-approved before beginning work(except in the
case of an emergency situation). Concrete roads shall require full panel replacement
unless approved otherwise by local agency. All concrete joints shall require an
approved tie bar and dowel retrofit.Depth of concrete replacement shall match the
existing thickness, or shall be in accordance with Local Agency's Standards. Care
shall be made not to undermine the existing panels.If the adjacent panels are
disturbed or damaged,they also shall be replaced at the discretion of the Local
Agency.All joints shall be sealed with an approved material.
4. Asphalt over concrete road cuts—if known-shall be pre-approved before beginning
work(except in the case of an emergency situation). Saw cutting or other approved
practice for removal of the concrete shall be allowed at the discretion of Local
Agency. The asphalt portion of the cut shall be constructed according to the
pavement cut policy.
5. All areas outside of the travel lanes that are affected by the work shall be restored to
their original condition. All shoulders shall be restored to their original condition.
EXCEPTIONS:
1. Valve and manhole repairs shall be exempt from the patching requirements of this
policy.Valve and manhole patching requirements shall be per each Local Agency's
Standards.All warranty and construction requirements shall be met.No longitudinal
construction joints shall be allowed in the wheel path.
2. Potholing to find utilities shall be allowed. To be exempt from the gap and patching
policy, cuts shall be a maximum of two-feet square(2'-0") with no longitudinal
joints in the wheel path and shall be backfilled with controlled density or other
approved fill from six inches above the utility to six inches below bottom of asphalt.
Round vs. square cuts are preferred.
Revised: 3/11/2008 by S. Trabun,Avista 5
NEW DEVELOPMENT
The moratorium policy will be explained both as to costs and to construction practices by the
Local Agencies as part of the permitting/zoning process for new construction or major
remodeling projects.Individual permittees/utilities will not be responsible for this function.
Individual permittees/utilities will be responsible for doing the work and the costs associated with
the moratorium policy as they open roadways for work. Cost recovery from developers will be
calculated and coordinated by permittee/utility.
WARRANTY REQUIREMENTS
1. Pavement cuts on roadways ten years old or less will have a warranty period of five
years.The patch in the roadway shall be repaired as necessary until the warranty has
passed.
2. All other roadways shall require a minimum three-year warranty period.All
warranties shall become void if rehabilitation work is performed to the road within
the patching limits.
3. For road cuts performed by a Utility using its internal capability,that Utility or
assignee will be responsible for repairs required during the warranty period.
4. All curb, sidewalks and structures that are affected by the excavation shall be
included in this policy and have a warranty for five years.
5. All warranty work requires that an agency inspector be on site. The permittee shall
be required to coordinate inspection with the appropriate department within the
Agency.
6. The following defects identified by the local agency engineer shall be covered by
warranty:
a. Sunken pavement patches greater than or equal to one-quarter inch
(Measured by a ten-foot straight edge).
b. Failure to meet agency visual rating standard for patching and joints to
medium or high).
c. Poor workmanship.
d. Inadequate compaction per Agency standard.
e. Sunken or damaged curb and sidewalks in excavation work area.
f. Sunken or damaged drywells and catch basins in excavation work area.
Revised: 3/11/2008 by S. Trabun,Avista 6
7. Notice of Repairs.
a. If emergency repairs are needed due to safety concerns,the permittee shall have twenty-
four hours in which to make such repairs from time of verbal notice by the Local Agency.
b. For non-emergency repairs on arterial roads the permittee shall have forty-eight hours to
make such temporary repairs.
c. Residential streets,the permittee shall have up to seven days to make such temporary
repairs.
The local agency may provide for repairs not completed within the specified timeframe and
permittee will be assessed all costs associated with the repairs. The costs shall be based on
actual costs or the average bid items for comparable projects for the year preceding,plus ten
percent overhead fees.If repairs are made other than seam sealing to the warranted patch, a
new warranty will be implemented for the new patch.
The permittee shall have two days to notify their asphalt company of the needed permanent
repairs. If the work is not done in a timely manner and following notification the work shall
be privately contracted or Local Agency maintenance crews will perform the needed repairs.
The permittee shall be assessed the associated fees for the repairs.All utility cut construction
shall follow the construction and warranty requirements per local agencies standards.
TEMPORARY PATCHING
1. During winter asphalt concrete paving plant closures or outside of temperature specifications
(see section 5-04 of the WSDOT/APWA Standard specification). The permittee shall install
and maintain a temporary patch until it can construct a permanent patch. A temporary patch
will be required if the road must be opened to traffic before a permanent patch can be made.
2. The temporary patch shall consist of two inches of crushed surfacing and two inches of cold-
mix asphalt pavement and/or steel plates, or upon approval of the Agency Engineer, crushed
surfacing top coarse may be used. On arterials, when a temporary patch is required for more
than two months,Portland Cement Concrete shall be used to construct the temporary patch if
weather permits (Contact Local Agency for mix design requirements). The permittee shall
maintain the temporary patch until the patch has been permanently restored.
PERMITS
1. All work in the `Public Right-of Way' requires a permit issued by the local agency.
Permittee shall take out all permits and perform all work.
2. The permittee shall fax or send a letter to the appropriate Local Agency permit center
designating their assignees. The permittee will be required to submit a construction and
traffic control plans required by local agencies when applying for a permit. If the Agency
Engineer determines that abuse of obligations are prevalent, future construction permits shall
not be issued until the permittee has fulfilled all obligations to existing permits. Written
notification by Local Agency will be sent prior to this action.
3. The permittee shall provide a detailed "As-built" record of the pavement cut after
construction is completed. The permittee shall provide details indicating existing pavement
section, new pavement section and any unusual conditions at the location of the constructed
utility. The location shall include the name of the road the work is being performed on and
Revised: 3/11/2008 by S. Trabun,Avista 7
the name of the closest intersections in each direction. Distance measurements shall be from
intersecting streets. This information will be provided to the Local Agency's Permit
department for a permanent record. This information shall be returned no later than seven
days after the completion of the permitted project by mail, fax, or other electronic means by
either permittee or patching contractor. The intent of this process is to record small patching
details.Larger projects shall be reviewed and approved prior to construction.
4. Each Local Agency may provide permittee to contribute normal patching costs to local
agencies to accomplish paving or full depth replacement of the roadway. (This does not
apply to work done within sewer projects).
5. The Local Agency should be notified of existing problems with the adjacent roadway to a
proposed patch. Every effort will be made to leverage both utility and agency dollars for
street improvements.
RESPONSIBLE PARTY
The permittee shall be responsible for all construction and warranty requirements of this policy. Utilities
will provide identity of excavator/permittee as known to local agencies.Local agencies will attempt to get
permittee to correct warranty defects. If permittee is a subcontractor for utilities,the utilities will assume
responsibility if permittee can not/will not make repairs.
COMPLIANCE
Failure to comply with any part of this policy may result in denial of future permits.
After 3 notices of noncompliance,the Agency shall send a notice to comply within 10 working days or all
future permits may be denied until the problems have been corrected.
A meeting shall be arranged with the appropriate Agency and a plan of action to prevent future
noncompliance shall be presented before issuance of any new permits.
An appeal can be applied for in writing to the appropriate Agency.
Noncompliance Activities include:
1. Failure to take out a permit.
2. Failure to maintain temporary patches.
3. Failure to make permanent repairs.
4. Failure to make emergency repairs.
5. Failure to make warranty repairs.
6. Failure to send back As-Built information.
7. Failure to inform agency of asphalt completion date.
8. Failure to follow traffic control measures, as required.
EXEMPTIONS FOR MORATORIUM ROADWAYS
It is understood that field conditions may warrant a waiver or an exemption from these regulations.
Developers, Contractors or Owners may appeal for a waiver of the moratorium to allow for excavation
into a street that meets the criteria for the moratorium tier.
The appeal process completion in NO WAY obligates the affected Agency Engineer to allow such an
excavation,and any such decisions are at the Agency Engineer's discretion.
Revised: 3/11/2008 by S. Trabun,Avista 8
• Submit a letter of intent to the affected Agency Engineer outlining their proposed project and the
impact of the project.
• Establish that all alternative avenues have been investigated and fail to meet the needs of the
project.
• Acknowledge the requirements of restoration of the area affected, and that there will be required
special inspection,the cost of which shall be borne by the applicant of the waiver.
• Propose a meeting with the Agency Engineer to discuss the project.
• Establish a timeline of the project through completion.
POLICY REVIEW
The local agencies will host a meeting with each other and other interested stakeholders at the end of each
construction season for the purpose of reviewing the effectiveness of the policy for the completed
construction season and suggested improvements for future construction seasons.
Revised: 3/11/2008 by S. Trabun,Avista 9
REFERENCES
"Trench Restoration Requirements". City of Bellevue
"Utility Trench Cut Restoration Specifications". Metropolitan Transportation Commission(January 1997)
"Asphalted Pavement Warranties". Wisconsin Department of Transportation(June 2001)
"Impact of Utility Cuts on Pavement Performance". City of Seattle
"Managing Utility Cuts"APWA(August 1997)
"Gas Industry's Use of Public Right-of-Way"A.G.A. White Paper(September 1998)
"Pavement Cut and Repair Standards Manual"DPW&T City of Dallas(October 2003)
Revised:3/11/2008 by S. Trabun,Avista 10
TYPICAL TRENCH EXCAVATION
EXHIBIT A
•
•
r
Asphalt Concrete
Wearing Surface
\..,
"7/ i, ii iii/// // 777i lg . / /7/ /Iz.. . 777
j•
0 ee ..Concrete e o o ,, Undercutting of '
Pavement Base a Pavement
o O
s e e
io
-4 v c 0 o a
O 0 0
e
w v
s v � a
0
0 0 0 —
,., r e Sag from Release
---- ....°Supporting of Lateral Support
Soil
3' 3'
•
•
Pavement Weakened By Excavation 3.-41
Revised: 3/11/2008 by S. Trabaun,Avista 11
ASPHALTAND CONCRETE PAVEMENT REPAIR
Permittee Name:
Job Address: Coordinates: Street
(if no house number,please list hundred-block) (Example: 15N 24Vx) Alley
Project/Task#: RC I Area:
Date Cut: Crew:
PO/Job#: City/County Permit#:
Unusual Conditions/Special Instructions:
Tier#: 1 2 3 4
(Please circle)
Policy: Moratorium Full Modified Trench
(Please circle)
Condition of Cut Type of Work Type of Repair Existing Road Condition Overcut Sealant
(Circle any that apply) (Approved List)
6"Gravel(required) Gas Asphalt Depth of Asphalt Dow Corning-
890-SL Self Leveling
Cold Mix Electric Concrete Depth of Gravel Silicone Joint Sealant
Winter Mix Water Sub Base Type Sonnebom -
Sonolastic SLI One-
Sawcut CATV Compound Elastomeric,
Grind Communications Self Leveling
Polyurethane Sealant
Sewer
Other
Asphalt r\ 1 1 1
Width Length
CILX
X
X
Concrete ❑
Width Length
x
x t
striping(linear foot)
Date Sent for Repair:
Date Completed: 1 1 1
CIL
Patching Co.Signoff:
(patching company to fax to local agency at completion)
Fax Completed Form to: Spokane County,Sylvia Lightfoot: 509/477-7198 N-2600 (11-07)
City of Spokane,Dan Eaton: 509/625-6124
City of Spokane Valley, Scott Wallace: 509/688-0037
Revised: 3/11/2008 by S. Trabun,Avista 12
EXHIBIT B1 -MORATORIUM/FULL POLICY-ARTERIAL
"EMERGENCY ONLY FOR MORATORIUM OR PRIOR APPROVAL"
CURB LINE r 1
I AI LANE 4
LANE LINE -,ENCH �` � ' ')
LIMITS
\J; tom) LANE 3
(TYP)
STREET C/L �� \ ` , li`�"�i��s�
11 I' —c\X 1z. (TYP) LANE 2
LANE LINE 5rMIN ,— xa sw'.'�G � A
(THP) 12' TYP LANE 1
PARKING F 1
I I 12'Mw
LINE {Tw) I . I I I I 8'(ttP}• PARKING
CURB LINE L L___J L J
'J
2'MIN SEWER/WATER
2SERVICE(TV?) WATER(TYP) SEVIER(TYP) •NOTE FULL DEPTH
(TYP) REPLACEMENT IS REVD TO
CURB UNE WHEN RELNEING
LEGEND: TRANSVERSE CUT I ONGITUOINAI CUT DISTANCE BETWEEN LANE LINE E
de CURB IS LESS THAN
MFT.
•1 WHEN ENGP/4 3'IRLO OR LESS
(UORATDRIUPAVMEM),T A EMESNTCPATCH IS REO'D LANE LANE
V
TO THESE LIMITS. NO JOINTS OR REDUCTION IN PAVEMENT LINE FULL-DEPTH PAVEMENT REMOVAL UNE
AREA ARE ALLOWED. (TYP) I (WIDTH VARIED) I
\\\ PAVEMENTEPATCH S REDEA
'DT TO THESE3LIMITSSONO % (TIP) TRENCH UNITS
JOINTS OR REDUCTION IN AREA ARE ALLOWED.* T f--AV5.1.4 :--.:ei 4..+ :!YLP-10.i.••
ssr"s•r f 1,1I"r-ii -Ie13%I4I"01:4U NVI..3='
K TRENCH LIMITS AT TOP OF PAVEMENT �����\ � ���/����� TUREND �\/\/\/\/\�\��A
NOTE csTc(TYP) \ j\/���/ lit/ / /\��//\
1.FULL-DEPTH PAVEMENT PATCH JOINTS SHALL BE SEALED. EXCAVATION \/\ \ �\\2. ALL CUTS TO BE PERPENDICULAR TD DIRECTION OF TRAVEL. SECTION A-A ITS \/�\// / /...l.-
3.
`SUNSHADE
,\\\\ n\�s., .
3. PAVEMENT REPLACEMENT IS REQ'D TO
THE NEXT ADJACENT CURB, PARKING, ,..•„,,.. REGIONAL PAVEMENT CUT POLICY
OR LANE UNE VALENEVER A TREND-I
OR DISTURBANCE OF ASPHALT ARTERIAL
SOR A
UCH LINE.SUPPORT MAl'L EXTENDS BEYOND 41111
EXHIBIT
SKRAMOtner MORATORIUM/FULL POLICY Bi
EXHIBIT B2-MORATORIUM/FULL POLICY—RESIDENTIAL/LOCAL ACCESS
"EMERGENCY ONLY FOR MORATORIUM OR PRIOR APPROVAL”
CURB LINE rA -`
PARKING
LANE LINE rt\
TRENCH
L `\` 2'MINLIMITS
(Ti?) LANE 2
STREET C/L JA
(TYP) •
Mili, ,?.� t
6'UPN p2'MIN \\\ 12' (TYP) LANE 1
PARKING MIN D
Iva h
UNE (T ) :T.:j t L LA J e(Ti?)' PARKING
CURB LINE
SEMEN/WATER
2 N WATER (TYP) SEWER(TYP) •NOTE: 1 FULL DEPhI
(TIP) SERVICE(TYP) REPLACEMENT IS REQ'D TO
TRANSVERSE CUT LONGITUDINAL CUT CURB LINE 'MIEN REMAINING
DISTANCE BETWEEN LANE UNE
A CURB IS LESS THAN 4-FT.
I FGFND•
LANE LANE
UNEFULL DEPTH PAVEMENT REMOVAL LME
WHEN PAVEMENT IS 3 YRS OLD OR LESS PAVEMENT (WIDTH VARIES)
C- (MORATORIUM),A PAVEMENT PATCH IS
REQ'D TO THESE UNITS.NO JOINTS OR (TIP)
REDUCTION IN AREA ARE ALLOWED.
VMEN PAVED ENT IS CR EA
THAN 2'MIN. TRENCH NITS
\\ 3-IRS OLD,A PAVEMENT PATCH IS REVD �,Z% (TSP) Oi
TO THESE UNITS NO JOINTS OR r:!a�;;. -"-Iy.-f:-.-• - - - - - -
REDUCTION IN AREA ARE ALLOWED.• o-zvz��1lflizyw go - f 'ICwii f.zff�r741f4 f
IV TRENCH LIMITS AT TOP OF PAVEMENT >\/\//\� //\/\�//\ \ �\TRENCH \�\\/\\/\\\//
CSTC(TYP) TRENCH /�\%\j� �
NDTF• EXCAVATION
S \.y\/Al \ / `\
I.FULL-DEPTH PAVEMENT PATCH JOINTS SHALL BE SEALED. /'\/ • /\\/ //�1 `SUBGRADE
2 ALL CUTS TO BE PERPENDICULAR TO DRECTION7 OF TRAVEL ,\�\\��N\\\,z`
3. REPLACEMENT IS REVD TO THE NEXT SECTION A—A
ADJACENT CURB, PARKING,OR LANEREGIONAL PAVEMENT CUT POLICY
DISTURBANCE OF ASPHALT OR SUPPORT ®
LINE WHENEVER A TRENCH OR RESIDENTIAL/LOCAL ACCESS
NAIL EXTENDS BEYOND SUCH LINE E
Ail Nt II EXHIBIT
&mean= MORATORIUM/FULL POLIcvi B Z
I II
Revised: 3/11/2008 by S. Trabun,Avista 13
EXHIBIT B3-MORATORIUM/FULL POLICY—INTERSECTIONS
"EMERGENCY ONLY FOR MORATORIUM OR PRIOR APPROVAL"
, 1 �1, I I 1
\i1 1 4 0 '7 4 0
---L- --_ ER J L
(TMP)
r I \\\\,,\\„\N"....:\ h.
It. } \\ ,
t?i=SF%G: 1-I �� • \\\ I ,r ;'� =
`` 1 ,\` JI fes , '
1 \ 1fr, I \. C''� F—
'
ER .NOTE: FULL-DEPTH REPLACEMENT IS J
--- -�`� ( ) REO'D TO CURB UNE WHEN REMAINING
DISTANCE BETWEEN LANE LINE k CURB
IS LESS THAN 1-FT.
NOTF'
1. FULL-DEPTH PAVEMENT PATCH JOINTS SHALL BE SEALED.
= z
LEGEND: 2. ALL CUTS TO BE PERPENDICULAR TO DIRECTOR OF TRAVEL. S
�_1 WHEN PAVEMENT IS LESS THAN 3' REPLACEMENT NTT CURB,
DR LANE UNE'MENDER A TRENCH
3-YRS OLD DR LESSO-I (MORATORIUM), DISTURBANCE OF ASPHALT DR SUPPORT NAT'L EXTENDS
A ESE LIMITS.S PATCH JOINTSIS OR TO BEYOND SUCH UNE.
THESE NO OR
REDUCTION N AREA ARE ALLOWED.
k\\ Wi-lEN PAVEMENT IS CHEATER
THAN 3-YRS OLD, A PAVEMENT
PATCH IS RTO 7THESEREGIONAL PAVEMENT CUT POLICY
LIMITS. JOIN NO JOINTS OR
REDUCTION N AREA ARE /�-�1 INTERSECTIONS
ALLOYED.*
zc $T TRENCH LWITS AT TOP OF ,Am a la EXHIBIT
c'cTc MORATORIUM/FULL POLICY EXHIZBIT
�'.�'� PAVEMENT � BJ
EXHIBIT B4-MODIFIED POLICY-ARTERIAL
"EMERGENCY ONLY FOR MORATORIUM OR PRIOR APPROVAL"
CURB LINE
FULL-DEPTH PAVEMENT REPLACEMENT IS REO'D TO 1-FT MIN BEYCND TRENCH UNITS.
EXTEND PAVEMENT RESTORATION TO LANE UNE OR LANE C/L TO AVOID WHEEL PATH(TIP) LANE 4
LANE UNE
-LANE C/L - TRENCH A 4- (Try) LANE 3
LIMITS( } V���- )
STREET C/L ': ..s' "SSr�,.:.t•3..
LANE C/L \ 12'(TIP) LANE 2
LANE UNE6 \'MN `\
(TYP) \ YA _-, _LANE \ \\ 12'(TTP)"��� JJ LANE 1
PARKING C-I 41'MIN
�' 4
LINE \\ ,(TIP) a (TYP). PARKING
CURB LINE - -- RT ._ -- --- IF
1.MN SEWER/WATER WATER(TIP) SEWER(TYP) +NOTE:J FULL DEPTH
(TYP) SERVICE(-RP) REPLACEMENT IS REDO TO
TRANSVERSE CUT LONGITUDINAL CUT DURA UNE WHEN REMAINING
LEGEND: CURB SEN LANE UNE
to
it CURBIS LESS THAN 4-FT.
LANE LINE OR LANE UNE OR
I\ WHEN PAVEMENT IS CFIEATER THAN LANE C/L FULL-DEPTH SPAVEMENTWHEN REPLACEMENT REO'D LANE C�
\ 5-YRS OLD,A PAVEMENT PATCH IS PAVEMENT TO THESE LIMITS 1'IAN REMOVAL FALLS
REVD TO THESE LIMITS. NO JOINTS OR (Trp) I W/1 WHEEL PATH(WITH VARIES)
REDUCTION IN AREA ARE ALLOWED.+ I'wN(TIP)
/.. ., 4 YM1EEL PATH N�
�'-jS). TRENCH LIMITS AT TOP OF PAVEMENT NOT W /,/�i
NOTE: Wag' , \K\/ O TRENCH /\/ /`\/\/\/
1.FULL-DEPTH PAVEMENT PATCH JOINTS ,\�\\ \ \ � \
SHALL BE SEALED. CUTE(TIP) TRENCH / \//\\\�j\\� \/
2.AU.CUTS SHALL BE PERPENDICULAR EXCAVATION /(/ /
TO DRECTION OF TRAVEL UNITS �,
SECTION A–A Vglr/
\/>\ 318GRADE
J.PAVEMENT REPLACEMENT IS REO'D
TO LANE LIME OR LANE C/L
WHENEVER A TRENCH OR �
DISTURBANCE OF ASPHALT OR REGIONAL PAVEMENT CUT POLICY
'•�
SUPPORT MAIL EXTENDS INTO1. ARTERIAL
WHEEL PATH. /ji II EXHIBIT
S oDmnx MODIFIED POLICY B4
Revised: 3/11/2008 by S. Trabun,Avista 14
EXHIBIT B5-MODIFIED POLICY-RESIDENTIAL/LOCAL ACCESS
"EMERGENCY ONLY FOR MORATORIUM OR PRIOR APPROVAL"
FULL-DEPTH PAVEMENT REPLACEMENT IS REVD TO 1-F7 MIN BEYOND TRENCH OMITS.
EXTEND PAVEMENT RESTORATION TO LANE UNE OR LANE C/L TO AVOID WHEEL PATH (Ti?)
CURB UNE
PARKING
LANE LINE
1'AIN
LANEA F._(TVP) LANE 2
STREET C/L � TTTFNC I)MITS ,(:.,. HO f\
',
6'MIN _ -LANE 2/L \ I 12'(TVP) LANE 1
N(-T-AP.)I --1 ----
PARKING 1 1 1'MIN 1 \ \
ktiUNE -�(nP) \ + A e MP)* PARKING
CURB LINE 1
1'MIN SEWER/WATER WATER(TVP) SEWER(TVP) *NOTE: J FULL DEPTH
(TIP) 5£RYICE( ) REPLACEMENT 15 REVD TO
TRANSVFRSF CUT LONGITUDINAL CUT CURB LINE 1M-EN REMAININGDISTANCE BETWL
EEN LANE UNE
&CURB IS LESS THAN 4-FT.
LANE LINE OR LANE LNE OR
I FC,FND' LANE C/L FULL-DEPTH PAVEMENT REPLACEMENT REVD LANE C/L
WHEN PAVEMENT IS GREATER THAN PAVEMENT TO THESE UNITS 1M-EN I' MPJ REMOVAL FALLS
W/I WHEEL PATH(WIDTH VARES) •I
5-YRS OLD,A PAVEMENT PATCH IS FEQD (TT?)
TO THESE UMTS. NO JOINTS OR
REDUCTION IN AREA ARE ALLOWED.. 1'MN(TIP) ina.n. ,P
•
NOT��,, ������������, WHEEL PATH ��i
ing TRENCH OMITS AT TOP OF PAVEMENT
I 1��I • 1 LI 1 1 I�I_I, • •1 ' 1./q/4 I I f
r //,Y// ' >k o'' iorn \%�y �,,,1', . \f,'
NIl� A \//,\/\/� ,"\ / /a
1.FULL-00,114 PAVEMENT PATCH JOINTS C01C( ) EXCAVATION \ \ /�/ -SHALL BE SEALED. LAAITS / /
2.ALL CUTS SHALL BE PERPENDICULAR �� SUBCF2ADE
TO DIRECTION OF TRAVEL , /�\/•\/� /
3.PAVEMENT REPLACEMENT IS REQ)TO SECTION A-A
LANE UNE OR LANE C/L WHENEVER
A TRENCH OR DISTURBANCE OF REGIONAL PAVEMENT CUT POLICY
ASPHALT OR SUPPORT MATL SPOK_1VF. RESIDENTIAL /LOCAL ACCESS
EXTENDS INTO WHEEL PATH. I P-•,
It I
Spapgargrr r/ MODIFIED POLICY EXHIBIT
B5
Revised: 3/11/2008 by S. Trabun,Avista 15
EXHIBIT B6-MODIFIED POLICY—CUL-DE-SAC
"EMERGENCY ONLY FOR MORATORIUM OR PRIOR APPROVAL"
rnow
WHEN PANENQIT IS 3 vEAR . . OR LESS A NaRAT11FfuN N7 EN PAYMENT IS ORE R 11W+1+ 3 YEARS 11?
PAVEMENT PA7C1-I IS REVD TO THESE UNITS. IF ANY PART 12 YEARS CID, A MODIFIED PANDA:HT PATCH IS
OF THE PATCH E]CIRUEES 11111)ANOTHER HALF OF THE CUL REVD TO THESE LFdITS, IF ANY PERT Cf TFE
DE SAO THAT ADDI11ONAL H1.1F SHALL BE REPLACED. PATEN EXTRUDES INTO ANOTHER ow qUARIER
Cr THE CUL DE SAC. THAT ADDITIONAL ONE
CI.IARIER HALL EE FEPLpCED,
i
Jw
PA 9 1T miffs
lat
cif
�� PA
T.F+OF TE Q T
NOTE
1. '1,LL 04EREUTS SHALL EE SEALED.
?,HEN PAVEMENT IS CPE.TER THAN 12 mews, A
TRQ+C-1 PAVENEN7 PATCH IS READ TO THESE 2 ALL CUTS SHALL DE FERPQ+OICUUR
LIMITS, PATCH k{4Y EE LOCATED A1IYAi1EEE IN THE TO DIRECTION Cc TRAVEL
cUL EE EAC.
REGIONAL PAVEMENT CUT POLICY
RESIDENTIAL CUL—DE—SAC
I II.ii
�I +: MODIFIED POLICY EXHIBIT
• B6
Revised: 3/11/2008 by S. Trabun,Avista 16
Chapter 17.80.030
17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant to the
following table:
Table 17.80-1 — Permit Type and Land Use Application
Type Land Use and Development Application SVMC Cross
Reference
Accessory dwelling units 19.40.100
Administrative determinations by community development director, Multiple
development services senior engineerpublic works direste-r, or building official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Home occupation permit 19.40.140
Type I Right-of-way permits 22.130.858110
Shoreline permit exemption (dock permit) 21.50
Site plan review 19.130
Temporary use permit 19.160
Time extensions for preliminary subdivision, short subdivision or binding site 20.30.060
plan
Floodplain development 21.30
Building permits not subject to SEPA 21.20.040
Grading permits 24.50
Binding site plan— Preliminary and final 20.50
Binding site plan—Change of conditions 20.50
Wireless communication facilities 22.120
Subdivision—Final 20.40
Type II Plat alterations—Final 20.60
SEPA threshold determination 21.20.060
Preliminary short subdivision, binding site plan—Change of conditions 20.30
Shoreline substantial development permit 21.50
Short subdivision— Preliminary and final 20.30, 20.40
Conditional use permits 19.150
Subdivisions— Preliminary 20.30
Type In Variance 19.170
Preliminary subdivision—Change of conditions 20.50
Zoning map amendments (site-specific rezones) 19.30.030
Planning Commission Hearing Draft April 2009 Page 1
Annual Comprehensive Plan amendments (text and/or map) 17.80.140
V Type Area-wide zoning map amendments 17.80.140
Development code text amendments 17.80.150
B. Assignment by Director. Land use and development applications not defined in SVMC Table 17.80-
1 shall be assigned a type by the director, unless exempt under SVMC 17.80.040. When one or more
procedure may be appropriate, the process providing the greatest opportunity for public notice shall be
followed. (Ord. 07-015 §4, 2007).
Planning Commission Hearing Draft April 2009 Page 2
Public Hearing Draft Chapter 18.50 18.60
Chapter 18.50
PUBLIC-WORKS-DIRECTOR DEVELOPMENT SERVICES SENIOR ENGINEER
18.50.010 Responsibilities.
The development services senior engineer public works director shall have the following
responsibilities:
A. To review all street and drainage construction plans submitted for land divisions and/or commercial
development-for conformance with the UDC and to administer the civil engineering construction codes
adopted by the city council;
B. To advise the planning commission and the city council concerning matters related to the
administration of the civil engineering provisions of the UDC;
C. To regularly update the street and utility design standards (SVCM 22.130.040) and the Spokane
regional Regional sStormwater design standardsManual (SVCM 22.150.040);
D. To review site plans for conformance with the civil engineering requirements of the UDC;
E. To oversee the construction of public infrastructure as a result of land divisions and/or commercial
development for conformance with the Street Standards (SVCM 22.130.040) and the Spokane Regional
Stormwater manual (SVCM 22.150.040);the civil engineering provisions of the UDC. (Ord. 07 015§
2007).
F. To require future acquisition areas, improvements on existing right-of-way, and improvements to
new streets for development projects; and,
G. Provide statement of approval for each and every plat, or replat, of any property pursuant to RCW
58.17.160.
Chapter 18.60
PUBLIC WORKS DIRECTOR
18.60.010 Responsibilities.
The public works director shall have the following responsibilities:
A. To oversee the construction of capital projects for conformance with the Street Standards (SVCM
22.130.040) and the Spokane Regional Stormwater manual (SVCM 22.150.040);
B. To administer right-of-way permits;
C. To protect drainage facilities by regulating any discharges onto City property, rights-of-way, or
border easements;
D. To administer street vacation applications and to advise the planning commission and the City
Council concerning matters related to the administration of the street vacation provisions of the SVMC;
E. To advise the City Council and the City Manager on matters relating to the use of right-of-way;
F. Administer, plan and develop evacuation and emergency response standards;
G. To advise City Council and the City Manager on matters relating to utility services; and,
H. To oversee matters relating to City infrastructure maintenance, including City streets, City bridges,
and stormwater facilities; and,
I. To administer and advise City Council on matter relating to Developers' Agreements for contributions
to capital improvement projects.
Planning Commission Hearing Draft April 2009Page 1 of 1Page 1
P:\Community Development\Planning Commission\2009 Meetings-Planning Commission\03-26-09 PC
meeting\Chapter 18.50 PC Public Hearing Draft 03-26-09.doc
Title 22.20.010
Chapter 22.20
CONCURRENCY
Sections:
22.20.010 Concurrency determination.
22.20.020 Concurrency review.
22.20.030 Pre-application determinations.
22.20.040 Application procedures.
22.20.050 Relation to other requirements.
22.20.060 Phased development.
22.20.070 Conflicts between provisions.
22.20.080 Transportation concurrency—Additional considerations.
22.20.090 Water and sewer concurrency—Additional considerations.
22.20.010 Concurrency determination.
A. The following facilities and services must be evaluated for concurrency:
1. Transportation;
2. Public water;
3. Public sewer.
B. The City may also consider concurrency issues for the following facilities and services:
1. Parks and recreation;
2. Libraries;
3. Solid waste disposal;
4. Fire protection;
5. Police protection;
6. Schools.
C. The review authority shall be the director or the director's designee. (Ord. 07-015 §4,
2007).
22.20.020 Concurrency review.
A. All project permits/project applications except for those exempt as set forth in subsection C
of this section shall be subject to concurrency review at the time an application is submitted.
Concurrency shall be determined by evaluating the anticipated impact of the application against
the level of service (LOS) set forth in the Comprehensive Plan. A certificate of concurrency issued
by the reviewing authority shall be required prior to approval of any nonexempt application.
B. A finding of concurrency requires that adequate facilities are available when the service
demands of development occur, or in the case of transportation "concurrent with development"
shall mean that improvements or strategies are in place at the time of development, or that a
financial commitment is in place to complete the improvements or strategies within six years. The
cumulative impact of development should be considered when making this determination.
C. The following shall be exempt from concurrency review:
1. Project permits that were issued, or project applications that were determined to be
complete (see Chapter 36.70B RCW) prior to the effective date of these concurrency regulations.
2. The first renewal of a previously issued, unexpired project permit; provided, that
substantial progress has been made as determined by the appropriate review authority.
3. Any project permit that will have transportation impacts of less than 10 peak hour
vehicular trips, and that will not change the traffic volumes and flow patterns in the afternoon peak
travel period, as determined by the development services senior engineer.
4. The following project permit actions:
a. Boundary line adjustments;
b. Final subdivisions/final PRDs/final short plats/final binding site plans;
c. Temporary use permit;
d. Variances.
5. Proposed project permits/project applications that do not create additional impacts on
transportation facilities. Such projects may include but are not limited to:
Planning Commission Hearing Draft April 2009 Page 1
Title 22.20.010
a. Any addition or accessory structure to a residence with no change or increase in
the number of dwelling units over four units;
b. Interior renovations with no change in use or increase in number of dwelling units
over four units;
c. Any addition, remodel, or interior completion of a structure for use(s)with the
same or less intensity as the existing use or previously approved use. (Ord. 07-015 §4, 2007).
22.20.030 Pre-application determinations.
Any person may inquire about the availability of capacity prior to project permit applications but
responses to such inquiries are advisory only and available capacity can only be reserved by
obtaining a concurrency certificate as set forth in this title. (Ord. 07-015§4, 2007).
22.20.040 Application procedures.
A. Applications for concurrency review shall be submitted to on forms provided by the City.
1. Concurrency review shall be performed for the specific property, uses, densities and
intensities, and traffic distribution information provided by the applicant/property owner and shall
include any project phasing proposed by the applicant.
2. The City may request additional information in order to make a determination.
3. All applications shall be circulated for comment to the appropriate departments or
agencies.
4. The project permit may be conditioned to assure adequate facilities are available to
meet the demand generated by the project. If the project is approved, a concurrency certificate
shall be issued to the property owner, his heirs and assigns.
5. If adequate facilities cannot be made available to maintain adopted level of service
(LOS), the project application shall be denied.
6. The concurrency certificate shall automatically be voided if the project permit has been
withdrawn, expires, or is otherwise cancelled.
B. Concurrency Certificate.
1. Shall apply only to the specific land uses, densities, intensities and project described in
the application and project permit;
2. Is not transferable to other property, but may be transferred to new owners of the same
property;
3. Shall remain valid so long as the accompanying project permit has not expired or been
revoked;
4. Is valid for any modification of the permits for which the certificate was issued so long
as such modification does not require the applicant to obtain a new project permit; and
5. Shall only be issued upon payment of any_concurrencytraffic review fee due.
C. Any capacity that is not used because the full extent of the development is not built shall be
considered available capacity for a period not to exceed 6 years.
D. Concurrency Certificate Fees. Fees for issuing concurrency certificates shall be based on
I the currently adopted Spokane Valley Master fee schedule. (Ord. 07-015 §4, 2007).
22.20.050 Relation to other requirements.
Compliance with or exemption from the requirements of these regulations shall not exempt a
project from compliance with all other county, state, and federal regulations. (Ord. 07-015 §4,
2007).
22.20.060 Phased development.
When a project is proposed in phases or construction is expected to extend over some period
of time, the applicant/property owner may offer a schedule of occupancy that will be used to
determine the schedule of improvements that must be completed, or financially guaranteed, prior
to occupancy of each phase. However, the required improvements shall be determined by
analyzing the impacts estimated to be generated by the fully completed project. (Ord. 07-015§4,
2007).
22.20.070 Conflicts between provisions.
Planning Commission Hearing Draft April 2009 Page 2
Title 22.20.010
This chapter shall apply as an overlay and in addition to other adopted plans, ordinances and
regulations affecting lands in the City. In the event of any conflict between this code and other
plans, ordinances and regulations, the provisions of this code shall prevail. In the event of any
conflict between this code and any development agreement which has been executed under
RCW 36.70B.170, prior to the effective date of the ordinance codified in this title, the development
agreement or provisions therein shall govern and prevail during the term of the agreement. (Ord.
07-015 §4, 2007).
22.20.080 Transportation concurrency—Additional considerations.
A. Transportation concurrency shall be in accordance with Chapter 3 SVMC Title 22.130.040
Street Standards. - - - - •- -- -- -- -- - -' - -- -
analyze project impacts to intersections.
B. Level of service info --- ._• - -- --_• - -• - _ - •- _ - -d as a starting reference
to analyze project impacts.
C. Level of - . -- - e •- •-• - - -_e •-_- - . - -_-- _ -
resulting from the following:
1. Traffic from newly constructed projects;
3. Projects for which a concurrency certificate has been-awarded; and
A. Non project, general background traffic increases.
D. Level of s: . - _ • - •- - - - - -_-- - - - - - - •
discontinued concurrency certificates, funded roa= - - - - - -
E. Each intersection affected by proposed projects shall be reviewed and analyzed for
concurrency. The applicant/property owner may be required to provide a traffic impact analysis if
scope of any necessary traffic analysis shall include any intersection where the proposal
contributes more than 20 peak hour trips.
F. Specific Provisions Related to the Sprague/Appleway Subarea Corridor Study. Reserved.
(Ord. 07 015 § /1, 2007).
22.20.090 Water and sewer concurrency—Additional considerations.
A. Local water purveyors must certify to the availability of water capacity and pressure to serve
new development, subject to such security as the individual purveyor may require.
B. Spokane County must certify to the availability of adequate sewer collection and treatment
capacity:
1. At the time of completion/occupancy; or
2. Be located within the Spokane County six-year sewer capital improvement program, as
adopted.
C. New development located within a six-year sewer capital improvement program area may
install septic systems on an interim basis until such time as sewer service is available. All new
development shall install dry line sewers and double plumbing if the new development will rely on
an interim septic tank/drain field system rather than being connected to a live sewer. Once sewer
service is available, the development shall be required to immediately connect to the county's
sewer system. (Ord. 07-015 §4, 2007).
Planning Commission Hearing Draft April 2009 Page 3
Public Hearing Draft Chapter 22.20 Concurrency
Chapter 22.20 CONCURRENCY
Sections:
22.20.010 Concurrency determination.
22.20.020 Concurrency review.
22.20.030 Pre-application determinations.
22.20.040 Application procedures.
22.20.050 Relation to other requirements.
22.20.060 Phased development.
22.20.070 Conflicts between provisions.
22.20.080 Transportation concurrency—Additional considerations.
22.20.090 Water and sewer concurrency—Additional considerations.
22.20.010 Concurrency determination.
A. The following facilities and services must be evaluated for concurrency:
1. Transportation;
2. Public water;
3. Public sewer.
B. The City may also consider concurrency issues for the following facilities and services:
1. Parks and recreation;
2. Libraries;
3. Solid waste disposal;
4. Fire protection;
5. Police protection;
6. Schools.
C. The review authority shall be the director or the director's designee. (Ord. 07-015 §4,
2007).
22.20.020 Concurrency review.
A. All project permits/project applications except for those exempt as set forth in subsection C
of this section shall be subject to concurrency review at the time an application is submitted.
Concurrency shall be determined by evaluating the anticipated impact of the application against
the level of service (LOS) set forth in the Comprehensive Plan. A certificate of concurrency issued
by the reviewing authority shall be required prior to approval of any nonexempt application.
B. A finding of concurrency requires that adequate facilities are available when the service
demands of development occur, or in the case of transportation "concurrent with development"
shall mean that improvements or strategies are in place at the time of development, or that a
financial commitment is in place to complete the improvements or strategies within six years. The
cumulative impact of development should be considered when making this determination.
C. The following shall be exempt from concurrency review:
1. Project permits that were issued, or project applications that were determined to be
complete (see Chapter 36.70B RCW) prior to the effective date of these concurrency regulations.
2. The first renewal of a previously issued, unexpired project permit; provided, that
substantial progress has been made as determined by the appropriate review authority.
3. Any project permit that will have transportation impacts of less than 10 peak hour
vehicular trips, and that will not change the traffic volumes and flow patterns in the afternoon peak
travel period, as determined by the development services senior engineer.
4. The following project permit actions:
a. Boundary line adjustments;
b. Final subdivisions/final PRDs/final short plats/final binding site plans;
c. Temporary use permit;
d. Variances.
5. Proposed project permits/project applications that do not create additional impacts on
transportation facilities. Such projects may include but are not limited to:
a. Any addition or accessory structure to a residence with no change or increase in
the number of dwelling units over four units;
Page 1 of 3
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Public Hearing Draft Chapter 22.20 Concurrency
b. Interior renovations with no change in use or increase in number of dwelling units
over four units;
c. Any addition, remodel, or interior completion of a structure for use(s)with the
same or less intensity as the existing use or previously approved use. (Ord. 07-015§4, 2007).
22.20.030 Pre-application determinations.
Any person may inquire about the availability of capacity prior to project permit applications but
responses to such inquiries are advisory only and available capacity can only be reserved by
obtaining a concurrency certificate as set forth in this title. (Ord. 07-015 § 4, 2007).
22.20.040 Application procedures.
A. Applications for concurrency review shall be submitted to on forms provided by the City.
1. Concurrency review shall be performed for the specific property, uses, densities and
intensities, and traffic distribution information provided by the applicant/property owner and shall
include any project phasing proposed by the applicant.
2. The City may request additional information in order to make a determination.
3. All applications shall be circulated for comment to the appropriate departments or
agencies.
4. The project permit may be conditioned to assure adequate facilities are available to
meet the demand generated by the project. If the project is approved, a concurrency certificate
shall be issued to the property owner, his heirs and assigns.
5. If adequate facilities cannot be made available to maintain adopted level of service
(LOS), the project application shall be denied.
6. The concurrency certificate shall automatically be voided if the project permit has been
withdrawn, expires, or is otherwise cancelled.
B. Concurrency Certificate.
1. Shall apply only to the specific land uses, densities, intensities and project described in
the application and project permit;
2. Is not transferable to other property, but may be transferred to new owners of the same
property;
3. Shall remain valid so long as the accompanying project permit has not expired or been
revoked;
4. Is valid for any modification of the permits for which the certificate was issued so long
as such modification does not require the applicant to obtain a new project permit; and
5. Shall only be issued upon payment of any_concurrencytraffic review fee due.
C. Any capacity that is not used because the full extent of the development is not built shall be
I considered available capacity for a period not to exceed 6 years.
D. Concurrency Certificate Fees. Fees for issuing concurrency certificates shall be based on
I the currently adopted Spokane Valley Master fee schedule. (Ord. 07-015 §4, 2007).
22.20.050 Relation to other requirements.
Compliance with or exemption from the requirements of these regulations shall not exempt a
project from compliance with all other county, state, and federal regulations. (Ord. 07-015§4,
2007).
22.20.060 Phased development.
When a project is proposed in phases or construction is expected to extend over some period
of time, the applicant/property owner may offer a schedule of occupancy that will be used to
determine the schedule of improvements that must be completed, or financially guaranteed, prior
to occupancy of each phase. However, the required improvements shall be determined by
analyzing the impacts estimated to be generated by the fully completed project. (Ord. 07-015§4,
2007).
22.20.070 Conflicts between provisions.
This chapter shall apply as an overlay and in addition to other adopted plans, ordinances and
regulations affecting lands in the City. In the event of any conflict between this code and other
Page 2 of 3
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Public Hearing Draft Chapter 22.20 Concurrency
plans, ordinances and regulations, the provisions of this code shall prevail. In the event of any
conflict between this code and any development agreement which has been executed under
RCW 36.706.170, prior to the effective date of the ordinance codified in this title, the development
agreement or provisions therein shall govern and prevail during the term of the agreement. (Ord.
07-015 §4, 2007).
22.20.080 Transportation concurrency-Additional considerations.
A. Transportation concurrency shall be in accordance with Chapter 3 SVMC Title 22.130.040
Street Standards. •-- . - - IAa ed methods selected by the City shell be used to
analyze project impacts to intersections.
B. Level of service information in the capital facilities plan shall b- . e - - - - - -to analyze project impacts.
rc.,ulting from the following:
1. Traffic from-Rewly constructed projects;
2. Proje- - - - --- -.- _ - -
3. Projects for which a concurrency certificate h .s been awarded; and
A. Non project, general background traffic increases.
■. -. _ - - - - - ---- -- - •---
e.
-- - - - -
__ _-_ -e•-- "- _ - - , -"e-• ___ _ e•-- _ " 1 level of service analysis.
E. Each intersect on-affected y proposed projects shall be reviewed and analyzed for
concurrency. The applicant/property owner may be rcq-ui-red--te-provide a traffic impact analysis if
existing information docs not provide adequate information for the concurrency assessment. The
--- -• . - -otion wh, ere-he proposal
contributes more than 20 peak-hour-tripe.
{Ord. 07 015 § 4, 2007).
22.20.090 Water and sewer concurrency-Additional considerations.
A. Local water purveyors must certify to the availability of water capacity and pressure to serve
new development, subject to such security as the individual purveyor may require.
B. Spokane County must certify to the availability of adequate sewer collection and treatment
capacity:
1. At the time of completion/occupancy; or
2. Be located within the Spokane County six-year sewer capital improvement program, as
adopted.
C. New development located within a six-year sewer capital improvement program area may
install septic systems on an interim basis until such time as sewer service is available. All new
development shall install dry line sewers and double plumbing if the new development will rely on
an interim septic tank/drain field system rather than being connected to a live sewer. Once sewer
service is available, the development shall be required to immediately connect to the county's
sewer system. (Ord. 07-015 §4, 2007).
Page 3 of 3
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Public Hearing Draft Chapter 22.130 Streets. Sidewalks and Public PlacesTransportation
Improvements
Chapter 22.130
O CCTC C amt !AI L/C AA 11 D1 1-I I('` DI A(`C
Chapter 22.130 Transportation Improvements
Sections:
22.130.010 Purpose and intent.
22.130.020 Application of requirements.Regulated Activities
22.130.030 Required improvements and dedication.
22.130.035 Future acquisition areas.
22.130.037 Interim conditional use permit.
22.130.039 Parking lot travel lane connectionsAuthority to cd;ocont parking lot:Develop and
Administer Standards.
22.130.040 Street Standards
22.130.040050 Standards for road and sewer construction.
Manual on Uniform Traffic Control Devices.
22.130.050060 Regional pavement cut policy.
Review Process.
22.130.070 Conditions of Approval.
22.130.080 Appeals.
22.130.090 Future Acquisition Areas
22.130.100 Conditional Use Permit
22.130.060110 Right-of-way permit and use requirements.
22.130.070 Manual on Uniform Traffic Control Devices.
22.130.080 Modification of standards.
22.130.09022.130.120 Liability.
22.130.010 Purpose and intent.
The purpose of this chapter is to assure_
A. Maintain theproper-function of -- , - - •- _ - - ' . -- a _-- --
Valley arterial street plan adopted in the Compreh-- - ' • - e - - - - - -- - -
- - _ . •- - -• _ - -•-e • _ ••_ _ _ _ _ _ • j of the street
infrastructure a,, additional traffic is generated from ne� e e!opment supported in the land use
A. Improve roadway safety;
B. Maintain and improve street safety; and,
C. Provide for readvvaystreet expansions in accordance with the arterial street plan and the local
street plan adopted in the Comprehensive Plan.
B. _ - . - - •_ . _ -- _ -opment services s-•'e - - --- - -gard to the future location
and-width of roadways and rights of way. (Ord. 07 015 § '1, 2007).
_ _. . . A -- • - - - ---• -- .. .
22.130.020 Regulated Activities
All newdevelopment projects and permits shall comply with this chapter. These development
approvals and permits includingprojects include, but are not limited to, zone reclassifications,
divisions of land, conditional uses, variances, administrative permits, site development plans, change
of use, and permits for new structures or site improvements shall comply with this chapter._Any
change to a building;or any-change in use of a building or site,to such an extent that a permit or
certificate of occupancy is necessary, shall comply with the provisions contained herein. No permit or
certificate of occupancy shall be issued until plans demonstrating compliance with this chapter have
-e --e ___ _ -e. Site improvements determined to be minor in character and not in
conflict with the purpose of this chapter may be deemed exempt by the development services senior
engineer. (Ord. 07 015 § 1, 2007).
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development services senior engineer shall determine the extent and type of roadway
improvements, dedication or designation of future acquisition ardas required as part of the
development proposal.
22.130.030 Authority to Develop and Administer Standards.
The development services senior engineer shall - - •- - - -- '• -- - •• •- •- -_e-
the improvements:develop and administer City standards necessary for design and construction for
all transportation facilities in the City.
A:The development services senior engineer has the authority to require future location areas,
improvements on existing right-of-way, and improvements to new streets to achieve the purpose of
this Chapter and goals of the currently adopted Comprehensive Plan;_
B. The arterial street map;
C. The street construction standards; and
The development services senior engineer shall determine the extent of additional rights of way
needed to support these improvements and the process of dedicating the required land area or
determine if a future acquisition area should be designated pursuant to SVMC 22.130.035 through
22.130.039. The development services senior engineer shall also determine if the development
proposal can participate in any City capital improvement project as included on the adopted six year
street improvement plan. In these cases, the development proposal will be conditioned to provide a
- . ._ .._ . ..-• . e. , . ..
22.130.040 Street Standards.
Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts, by reference, the City of Spokane
Valley Street Standards (Street Standards), as amended. The city clerk shall maintain a copy on file.
(Ord. 07-015 §4, 2007).
The development services senior engineer shall periodically review the Street Standards and
modify and amend the same from time to time, as necessary.
22.130.050 Manual on Uniform Traffic Control Devices.
The Washington Manual on Uniform Traffic Control Devices (MUTCD), as amended by WSDOT,
is hereby adopted by reference. (Ord. 07-015 §4, 2007).
22.130.060 Review process.
Following submittal of a request to engage in a regulated activity, the development services senior
engineer shall review the proposed regulated activity, including any plans or other submitted material.
The development services senior engineer shall determine whether the regulated activity is exempt
from review, the requirements for regulated activities, and/or, whether the regulated activity complies
with the standards, specifications and requirements contained in the City standards. The
development services senior engineer may require the submission of additional material and/or
analysis to allow the proponent to demonstrate compliance with City standards.
22.130.070 Conditions of approval.
A. Authority. The development services senior engineer is authorized to impose development
requirements or conditions of approval for the regulated activities. Transportation requirements or
conditions may be placed on the subdivision, binding site plan, or issued permit.
Conditions of approval shall be based on the City standards, the preliminary site plan, engineering
reports or other relevant data as deemed appropriate by the development services senior engineer.
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B. Scope of Improvements. The development services senior engineer utilizes the following in
determining conditions of approval:
1. The Comprehensive Plan;
2. The Arterial Street map;
3. The Street Standards (SVMC 22.130.040);
4. The Local Street Plan; and
5. The functional, safety, efficiency and coordinated future expansion needs of the roadway street
system to serve the traveling public and emergency vehicles.
The development services senior engineer shall determine the extent of additional rights of way
needed to support these improvements and the process of dedicating the required land area or
determine if a
C. Required Improvements. Prior to the issuance of any approvals or permits, subject to the
provisions of this chapter, the development services senior engineer shall determine:
1. The extent and type of required street improvements pursuant to SVMC 22.130.040;
2. The extent of additional and/or new right-of-way and/or right-of-way needed to support the
required street improvements pursuant to SVMC 22.130.040;
3. The need for dedication of future acquisition area-slhatld-areas. Future acquisition areas shall
be designated pursuant to SVMC 22.130.035 through 22.130.039. The development services
s--'e -••••— - - _ -- - •• •- 22.130.080; and,
4. If the development proposal can should participate in any City capital improvement project as
included on the adopted six-year street improvement plan and pursuant to SVMC 22.130.040.
In these casesthis case, the development proposal will be conditioned to provide a
proportionate contribution to the anticipated project. (Ord. 08 006§ 1, 2008; Ord. 07 015 § 1,
20
22.130.035 Future acquisition arcas.080 Appeals.
A.- All actions of the development services senior engineer in the administration and enforcement
of this chapter shall be final and conclusive, unless the applicant or an aggrieved party files an appeal
in accordance with SVMC 17.90.
22.130.090 Future acquisition areas.
A. Title Notice. When a future acquisition area is designated, a title notice shall be completed and
recorded with the county auditor by the planningdevelopment engineering division or other
department or other appropriate agency/department., whichever is the establishing agency. The
notice shall run with the land and shall not be removed or amended prior to approval by the
establishing agency/department as indicated on the notice. The notice shall be recorded as soon as
possible and, in all cases, prior to the issuance of a building permit. The notice shall:
1. Include the tax parcel number and the full legal description;
2. Make reference to any related approval file number or permit numbers;
3. Include the name of the street(s) or road(s) and/or map if appropriate;
4. Include the dimension ofan exhibit showing the future acquisition area(s)) and its
dimensions, the right-of-way and its dimensions, and the name of the street;
5. Indicate the building setbacks from the future acquisition boundary(ies);
64. Identify any limitations for improvements or features within the acquisition boundary(ies);
75. Indicate that the future acquisition area is private property;
86. Identify the responsibility for relocation or loss of interim features or improvements within
the future acquisition areas; and
97. Be mailed to the property owner's and taxpayer's address as shown in the current
Spokane County assessor's/treasurer's records, if a complete mailing address is indicated.
The establishing agency may approve the amendment or removal of the title notice slime
amended or removed with an extinguished form when if the arterial roadstreet plan, the official
roadlocal street map or other conditions change and the recorded title notice is no longer valid:
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Propertynecessary. If the City initiates the amendment or removal of the title notice, the property
owners shailwill be notified of the change.
B. Building Setback. The required setback of buildings as specified in the underlying zone
classification shall be measured from the future acquisition area boundary. If no reasonable site
design solution complying with the full setback is feasible, exceptions to the full setback may be
administratively granted if:
1. An existing parcel or lot equals or is up to five percent larger than the minimum lot area
required in the underlying zone;
2. An existing parcel or lot has an existing building proposed for expansion; or
3. The -_e' _ - •- -- - -- •-• - --- - -- •-• applicant adequately demonstrates a
site design or use limitation for the existing property.
Such exceptions may be granted; provided, that:
a. The property is not part of a zone reclassification and/or subdivision application; and.
b. The property has no reasonable alternative site design solution feasible; and,
c. A title notice is recorded pursuant to this section that further identifies likely impacts
I (such as noise, crowding, loss or relocation of improvements) to the site when the roadwaystreet is
widened in the future; and
d. The building is located at the greatest setback possible, but in any case shall be no
closer than one-quarter of the required setback from the future acquisition area boundary and shall
not be located within the future acquisition area.
C. Landscaping and Parking.
1. Landscaping._Significant landscape features, such as trees, shall be located in such a manner
that when the roadwaystreet is widened in the future a significant portion of such landscaping
features, such as matured trees, will not need to be destroyed or relocated. A majority of the trees
required in the current landscaping areas shall be planted eight feet from the future acquisition area
boundary within the future planting strip and shall be spaced no less than 60 feet from one another.
2-
D. Parking,
-D_Parking_ All on-site parking required by the underlying zone classification shall be located outside
the future acquisition area. If no reasonable site design solution complying with parking location
requirements is feasible, exceptions to these requirements may be administratively granted if:
al. An existing parcel or lot equals or is up to five percent larger than the minimum lot
area of the underlying zone;
2. An existing parcel or lot has an existing building proposed for expansion; or
G-3. The sponsor of a new development or redevelopment adequately demonstrates a
site design or use limitation for the existing property.
Such exceptions may be granted; provided, that:
i,a The property is not part of a zone reclassification and/or subdivision application;
+i b. The property has no reasonable alternative site design solution feasible;
A title notice is recorded pursuant to this section that further identifies likely
impacts to the site when the roadwaystreet is widened in the future; and
id. The fewest number of parking stalls is located in the future acquisition area as
possible and, in any case, shall contain no more than one-quarter of the required parking stalls for the
site.
DE. Location of Required Site Drainage Facilities.Improvements. All required 208 and/or surface
drainage facilities and structures for the site shall be located outside the future acquisition area. 1$-the
limitation for location of such facilities on the existing property, a A portion of the drainage facility
improvement improvements may be temporarily allowed within the future acquisition area if an
interima conditional use-permit is issued pursuant to the provisions of SVMC 22.130.037.22.130.100.
The iaterimconditional use permit shall provide for the relocation of the drainage facility to an
alternative site by the property owner when the roadwaystreet is widened. The permit shall identify
the alternate location and the means of relocating the facility.
E. Physical Structures, Improvements and Utilities. Physical structures (such as signs, fencing,
and architectural features) and improvements (such as ' - - -•'-e', !_ - --- - - --utilities,
landscaping;and parking) shall not be located within the future acquisition area unless an interim a
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conditional use permit has been issued pursuant to SVMC 22.130.037.22.130.100. If permitted, they
shall be considered "interim" and shall be relocated or removed if the right-of-way is widened in the
future, subject to the conditions of the interim conditional use permit.
All developers, agencies and purveyors installing utilities in, adjacent to or across rights-of-way
shall show the future acquisition area and boundary(ies) on construction plans or drawings. Impacts
from the future roadwaystreet widening and other relocation cost shall be considered when designing
and siting utilities and improvements. (Ord. 08-006 § 1, 2008).
22.130.037 lntcrim100 conditional use permit.
The development services senior engineer may temporarily allow, as an interim a conditional use,
site features or improvements located within or adjacent to the future acquisition area that are in
conflict with the provisions of this chapter; provided, that a hardship can be demonstrated and the use
can be reasonably conditioned and restricted to ultimately accomplish the intent of this chapter.
Examples of site features or improvements include driveways, travel lanes, - -- e ---, !_
swalesdrainage facilities and structures, parking stalls, utilities and signs. Interim
A. Permit Required. Ceonditional use permits shall be issued administratively at or before the time
development approvals and permits are granted. Interim Conditional use permits shall, at a minimum,
specify the temporary or interim use allowed, the conditions of the permit, the provisions for and
timing of removal, relocation or installation and the responsibility for the cost of relocation, removal or
installation.
B. Appeals. Any appeal of the administrative decision respecting an interim use shall be heard
pursuant to Chapter 17.90 SVMC, Appeals. All interim conditional use permits shall be referenced by
a title notice pursuant to SVMC 22.130.035.22.130.080. (Ord. 08-006 § 1, 2008).
Travel lanes within commercial and industrial developments shall connect or provide for future
connection of existing or future adjacent parking lots of commercial or industrial development.
development. Travel lanes shall be designed to allow future expansion of the roadway and retain
parking lot circulation betwcco• _- ' e - -- -e."•e . - - --- •- e-e. - - -
the adjacent parking lot. Commercial or industrial parking lot traffic should not pass through
residential parking lot-. - e- - ee•--• _- '-- .. • - - _ - - - -- - -may reduce parking requirem-- e. e e- e e ---h travel lane connection (to a maximum
of four stalls). If the sponsor of •- e- -- • - e -opment adequately demonstrates a site
design or use limitation f, ar installation of the required travel lanes on the existing property, exceptions
A. The property is not part of a zone reclassification and/or subdivision application;
B. The property has no reasonable alternative site design solution fea.,ible;
C. The development services senior engineer finds that the travel lane and connection location or
D. An interim permit is issued under the provisions of SVMC 22.130.037 for any required parking
and
-- - - - --- - - ere _••-- -- - - -- - - - -- - •- - -
22.130.010 Standards for road and sower construction.
Spokane County shall be construed to mean the City of Spokane Valley and references to county
- - _ •• __ _ _- _--e. The city clerk shall maintain a copy on file. (Ord. 07
015 § '1, 2007).
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e•-•.-•• . -- ee - - • - - - - - - •• +_ 4.^^, e. h., nr.n_ -
A. • •e• _ .• - e- •- _ -d of any person or company cutting pavement within existing
City rights of way or on City owned infrastructure.
13— Fees. Permit fees are established in the , including plan review, shall be assessed in accordance
with the currently adopted Spokane Valley Master Fee Schedule.
reconstruction of pavement for all arterials, collectors and local access streets.
Arterial Streets Years 4 5 Y ars 6 12 = 12 years
Principal Full Policy Full Policy fllcdificd--Policy
Minor Full Policy Modified Policy Modified Policy
Neighborhood Collector Full Policy Modified Policy Trench Only
-Local Access
I-ndustrial/Commercial Modified Policy Modified Policy Trench Only
Residential Modified policy Modified Policy Trench Only
Modified P t-less than middle ofo,-lane
Trench Policy: No longitudinal joints in wheel path
E. Pavement cuts en road.va' ! -- e!e - • - ./arrant' e- •ee e - -
F. Construction and traffic control plans for arterial work and roadways with posted speed limits of
more than 30 miles per hour shall b- -e•-• e - e - ••• •-•e •- • ! e. I I - _ 4,
2007).
22.130.110 Right-of-way permit and use requirements.
Right of way permit and use requirements are set forth in Appendix 22 C. (The text of this
app- - -ee - e e
the following meanings:
1. ""Applicant" m ans any person, firm" is the •rivate 'art, or entity making written
_e _ •_- e •- _• _ e er __ __ - public or private improvement, including the
- e -' - --- - - - . . . _ .—' -
_ wee e _ _- •. e•• -- _. . -•e -••••e - _ -- _ - - eonsibilityfor the
_ _ •Z. A e e ••-• ec the owner or the individual designated-by th- ! •- e -
behalf.
7. "Right of - - " •• - -- - - e -• -d by the City to perform Work or
conduct activity in a specified right of way or easement.
■- •-• --" ----- - _- ../ho has been granted and has in full force and effect a
permit issued hereunder.
gII-- e•" .. • • . e _ , •r. __ __ _ •_• _ _ _ _ ,
10. "Publi- '- - __i- a" -•-_- --cessary construction, performed within the City right
_ _r•• - _ _ •- cilities, including streets, •- - , e •• - -e-
standards.
maintained for public use.
City designed or ordinarily used for vehicular travel.
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BA. Right-of-Way Permit Required.Applicability. Unless exempt from permit requirements, a
right-of-way permit is required of any person or company who performs construction work or
otherwise engages in activity within existing City rights-of-way, or on City-owned infrastructure.
Right-of-way permit authorizes a permittee to perform work or conduct activity in a right-of-way or
easement.
Permits shall not be required for the following:
1. Work done by or for the City within its right-of-way.
2.Work that is two hours or less in duration, as long as that work does not require the closure
of more than 50 percent of a non arterial roadwaystreet, does not close any lanes on an arterial
roadwaystreet, does not involve excavation within the right-of-way, or does not involve cutting or
placement of pavement, sidewalks, curbs or gutters.
Exemption from the permit requirements of the SVMC shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of the SVMC or any other laws,
ordinances or standards of this jurisdiction.
In the case of an emergency, a private or public utility may commence work prior to obtaining a
permit, provided the person or company obtains a construction permit within 48 hours after work is
commenced or on the first City business day following said elapsed 48-hour period.
GB. Right-of-Way Permit—Application. No right-of-way permit shall be issued unless a written
application is submitted and approved by the public works director. The application shall, at a
minimum, contain the following:
1. Construction plans or drawings approved by the public works director, if required;
2. A traffic control plan if the work closes more than 50 percent of the nonarterial
I roadwaystreet, or closes any lanes on an arterial roadwaystreet;
3. The period of time during which the right-of-way will be obstructed; and
4. Proof of the contractor's and all subcontractors' state licensing, insurance and
requirements.
Depending upon the nature and extent of the construction activity or work, the public works director
may require engineering, restoration and drainage plans prepared by a Washington-licensed
engineer at the applicant's sole cost and expense.
At the discretion of the public works director, a multiple-use permit may be available for licensed
and bonded businesses and public utilities. The multiple-use permit fee will be established by
resolution in the master fee schedule. The multiple-use permit shall expire at the end of the City fiscal
year. The administrative regulations governing the multiple-use permit shall be written and approved
by the public works director. Failure to comply with the administrative regulations shall be a violation
of this code.
DC. Validity of Right-of-Way Permit. Right-of-Way permits are valid for 30 days after the date of
issuance, with a one-time 30 day extension available. The public works director is authorized to grant
longer permit validity time limits for larger projects.
€D. Right-of-Way Permit Fees. Right of way permit fees shall be adopted by resolution of the city
coun-cilPermit fees shall be assessed in accordance with the currently adopted Spokane Valley
Master Fee Schedule.
E. Notice Required. The applicant shall give to the public works director notice not less than 48
hours before any work or activity is commenced and shall notify the public works director upon
completion of the same. If a traffic control plan is required to be submitted with the application, the
applicant shall give the public works director not less than 72 hours' notice. In the event of an
unexpected repair or emergency, work may be commenced as required under the circumstances.
Unexpected repairs and emergency work shall comply with all other requirements of this section.
F. Construction Standards. All work within the City right-of-way shall be in accordance with
adopted City standards in effect at the time of the application for the permit. These include but are not
limited to current versions of the Spokane CountyStreet Standards for Road and Sewer Construction;
the Manual on Uniform Traffic Control Devices (MUTCD); Washington State Department of
Transportation (WSDOT) Standard Specifications for Road, Bridge and Municipal Construction; and
applicable standards of the American Public Works Association (APWA).
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G. Maintaining Access. In the event it is necessary for the permittee to excavate the entire width of
the roadwaystreet, no more than half of the roadwaystreet shall be opened for construction and
closed to traffic at one time. Such portion of the work shall be backfilled and completed before the
remaining portion of the roadwaystreet may be excavated. If it is impossible, infeasible or unsafe to
permit the work while maintaining an open lane for traffic, the public works director may, with the
concurrence of the chief of police and fire chief, permit the roadway to be blocked for a short period of
time where suitable detours can be provided and the public will not be unnecessarily inconvenienced.
The permittee shall furnish facilities, such as bridges or other suitable means, or clearly identify
appropriate detours, to allow the flow of traffic without unnecessary congestion.
H. Traffic Control. Any person or company that performs construction work or otherwise engages in
activity within the existing City rights-of-way, or on City-owned infrastructure, is responsible for all
traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades
that protect the public safety, in accordance with the MUTCD. The person or company shall provide
for the safe operation of all equipment, vehicles and persons within the right-of-way.
I. Damage to Existing Improvements.Infrastructure. All damage to existing public or private
improvementsinfrastructure and/or property during the progress of the construction work or activity
shall be repaired by the permittee. Methods and materials for such repair shall conform with adopted
City standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the
I public works director shall have the authority to cause said necessary labor and materials to be
furnished by the City and the cost shall be charged against the permittee. Such charge shall be
immediately paid by the permittee and shall, if not paid on demand, be deemed a valid claim on the
bond filed with the City.
J. City's Right to Restore Right-of-Way and Easements. If the permittee fails to restore any City
right-of-way or easement to its original and proper condition upon the expiration of the time fixed by
such permit or shall otherwise fail to complete the right-of-way construction work covered by such
permit or if the work of the permittee is defective and the defect is discovered within one year from the
I completion of the right-of-way construction work, the public works director or designee shall have the
right to do all work and things necessary to restore the right-of-way and/or easement and to complete
the right-of-way construction work.
The permittee shall be liable for all costs and expenses of restoration or completion. The City shall
have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the
City may enforce its rights pursuant to this section. No additional permits shall be granted until the
invoice for City-performed work has been paid.
right of way to City standards, the applicant shall post a performance bond with the city clerk.
1. The bond shall be:
b. In an amount equal to 100 percent of the estimated cost of the work (or other
reasonable measure of value) solely determined by the director.
a. The work to be done;
b. The time to complete the work which shall not exceed 30 days; and
G8-61-CC the work to be completed and use the bond proceeds to pay for the same.
All costs in excess of the bond proceeds may be recovered through appropriate legal action by the
city attorney.
reduce the amount of the bond where good cause exists.
LK. Insurance—Evidence. Permittee, prior to the commencement of construction hereunder, shall
furnish the public works director satisfactory evidence in writing that the permittee has in force during
the performance of the construction work or activity, commercial general liability insurance of not less
than $1,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance
company authorized to do business in this state. In addition, the policy shall name the City as an
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additional named insured. TheThe public works director may reduce the insurance limits if good
cause exists.
ML. Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless
the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages,
losses or suits, including attorney fees, arising out of the permit issued under this section except as
may be caused by the negligence or willful conduct on the part of the City.
NM. Rules and Policy. To implement the right-of-way permit and provide for the public health and
safety, the public works director, under the supervision of the city manager, may develop and adopt
rules, policies and forms consistent with this section. All adopted rules, policies and forms shall be
filed with the city clerk.
ON. Violations— Penalties. Any person violating the provisions of this section shall be
deomedsubiect to have committed a Class I civil infraction. For any violation of a continuing nature,
pursuant to Chapter 17.100all enforcement actions and penalties as found in SVMC. (Ord. 07 015
§ 1, 2007). Title 17.100.
22.130.070 Manua! on Uniform Traffic Control Devices.
•••-, • - ---- - e. - - - _-. a -. I : - - , e' .
22:13 0-80-l'Jl-odifieation of standards.
The council shall peried-i- -.•- _•e_ e e e-- -•e -e• -- - --e "edify and
amend the same e•- •-- _ ••• , _ . e e e - • , se
22.130.090120 Liability.
The express intent of the City of Spokane Valley is that the responsibility for compliance with the
provisions of this chapter shall rest with the permit applicant and their agents. This chapter and its
provisions are adopted with the express intent to protect the health, safety, and welfare of the general
public and are not intended to protect any particular class of individuals or organizations. (Ord. 07-
I
015 §4, 2007).
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pCITY OF Spokane Valley Planning Commission Agenda
okane Council Chambers, 11707 E. Sprague Ave.
Valley March 26, 2009 6:00 p.m. to 9:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: January 8, 2009, February 26, 2009
VI. PUBLIC COMMENT: On any subject that is not on the agenda
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
OLD BUSINESS: CONTINUED PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENTS
NEW BUSINESS: STUDY SESSION STREET STANDARDS, UDC AMENDMENTS FOR
STREET STANDARDS
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR
JOHN G. CARROLL , VICE-CHAIR GREG MCCORMICK, PLANNING MGR, AICP
CRAIG EGGLESTON SCOTT KUHTA, LONG RANGE PLANNER, AICP
JOE MANN MIKE BASINGER, SENIOR PLANNER, AICP
MARCIA SANDS CARY DRISKELL, DEPUTY CITY ATTORNEY
ART SHARPE DEANNA GRIFFITH, ADMIN
TOM TOWEY WWW.SPOKANEVALLEY.ORG
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Agenda 03-26-09.doc
Chapter 22.150
Chapter 22.150
STORMWATER MANAGEMENT REGULATIONS
Sections:
22.150.010 Finding and purpose.
22.150.020 Regulated activities.
22.150.030 Authority to develop and administer standards.
22.150.040 Standards for stormwater management.
22.150.050 Review process.
22.150.060 Conditions of approval.
22.150.070 Deviations and aAppeals.
22.150.080 Stormwatcr facility construction and certification.
22.150.090 22.150.080 Inspection.
22.150.100 22.150.090 Property owner responsibilities.
22.150.110 22.150.100 Public drainage facilities.
22.150.120 22.150.110 Failure to comply— Nuisance.
22.150.130 22.150.120 Enforcement.
22.150.010 Finding and purpose.
The increased flow of surface water from the use and development of real property within the City must
be managed to protect persons, property, and the environment. Stormwater facilities are a common
feature of urban development which must be constructed and maintained when property is developed or
redeveloped within a geographic area. The City shall implement policies and procedures to:
A. Minimize the degradation of water quality in surface and groundwater;
B. Reduce the impact from increased surface water flow, erosion and sedimentation caused by the
development of property;
C. Promote site planning and land development practices that are consistent with the topographical
and hydrological conditions; and
D. Maintain and protect public and private property that is used and dedicated for stormwater
management. (Ord. 08-005 § 1, 2008; Ord. 07-015 §4, 2007).
22.150.020 Regulated activities.
No person on any public or private real property located within the City shall engage in the following
regulated activities without first obtaining stormwater control approval from the City. The regulated
activities for development are:
A. Grading of land in excess of 500 cubic yards so as to require environmental review pursuant to the
State Environmental Policy Act(SEPA);
B. Construction of, or addition to, a building (except a single-family or duplex residence) or placement
of impervious surfaces that exceed 5,000 square feet. For projects that are implemented in incremental
stages, the threshold applies to the total amount of impervious surfaces replaced or added at full build-
out;
C. Disturbance of one acre or more;
D. The subdivision, short subdivision and binding site plan process as defined in Chapter 58.17 RCW
and SVMC Title 20; and
E. Construction of drywells or other UIC wells regulated by Chapter 173-218 WAC, UIC Program. (Ord.
08-005§ 1, 2008; Ord. 07-015 §4, 2007).
22.150.030 Authority to develop and administer standards.
The development services senior engineer shall develop and administer City standards that relate to
best management practices and the threshold requirements for the development of stormwater control
facilities. The development services senior engineer is further authorized to develop policies that relate to
the submission and modification of stormwater, erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be designed
to control and contain stormwater, and reduce soil erosion and sedimentation through the use of
temporary and permanent practices and facilities. The requirements shall be designed to permit flexibility
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Chapter 22.150
in the choice of stormwater, erosion and sediment control methods that meet the specific circumstances
of each site and intended use. (Ord. 08-005 § 1, 2008; Ord. 07-015 §4, 2007).
22.150.040 Standards for stormwater management.
The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the
context requires otherwise, references to the local jurisdiction shall be construed to mean the City of
Spokane Valley. The city clerk shall maintain a copy on file. (Ord. 08-005 § 1, 2008).
22.150.050 Review process.
Following submittal of a request to engage in a regulated activity, the development services senior
engineer shall review the proposed regulated activity, including any plans or other submitted material.
The development services senior engineer shall determine whether the regulated activity is exempt from
review based upon the threshold requirements or, alternatively, whether the regulated activity complies
with the standards, specifications and requirements contained in the City standards. The development
services senior engineer may require the submission of additional material and/or analysis to allow the
proponent to demonstrate compliance with City standards. (Ord. 08-005 § 1, 2008; Ord. 07-015 §4,
2007. Formerly 22.150.040).
22.150.060 Conditions of approval.
The development services senior engineer is authorized to impose development requirements or
conditions of approval for the regulated activities. The stormwater requirements or conditions may be
placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and
agreement may be placed upon a parcel or lot where drainage facilities will be developed.
Conditions of approval shall be based on the City standards, the preliminary site drainage plan,
engineering reports or other relevant data that promotes stormwater control, protection of adjacent
properties, utilities or other stormwater facilities, slope stabilization and the environment. (Ord. 08-005
§ 1, 2008; Ord. 07-015 §4, 2007. Formerly 22.150.050).
22.150.070 ?- •- - •- - Appeals.
this chapter or City standards. In granting any deviation, the devel_e••--. -'••-' - - - - •-- •
_ - _ •_ _e•e• _ _ _ - _ ----_ - nary or desirable for the public interest.
_. e- _ •_• - • - • . e _-. - •_ ee granted unless the applicant d--•e- - - , e --
1. Deviations are based upon sound engineering principles, best management practices and are
not inconsistent w' - •- e_- • - - e -• • - _e- e _•- --•• e•••-- e e -ction;
2. The granting of the - - - - - -- - ---• - - - - -- - - - ---• -the vicinity and downstream;
3. The proposed deviation do- -e -e- '- • e -•ee• . - -e-e. =- e -e- .a..-
•
-•
• e e - • ' • -- •-• - - -ee -.-e e - e -__-e - -- e - --• - - - -.1••••-
•e•
- ...-
- - -• - - • -- e - e_• •• e, _ee --- - • - - ecrmits.
D. Right of Appeal.All actions of the development services senior engineer in the administration and
enforcement of this chapter shall be final and conclusive, unless wit" -5-days from notice of the
development services senior engineer's action the applicant or an aggrieved party files a notice of appeal
appeal in accordance with SVMC 17.90.
All stormwater facilities shall be completed and certified by the proponent's engineer prior to any final
in the presence of development engineering personnel.
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Chapter 22.150
proponent -- •• - - - - - ••- - - - - - - _ - _ _ -
A. Allasp-_ a •- e - - .. , .. e - -- _ _-_
proponent's engine: - _-- -- - _ _ ••-• _ - _ - _ - _-_ _ _
development engineering personnel.
e_ea _ e- a- - -- -quired volume and install all drywells, inlets, curb drops and other
__ - - ___ - -_- . • •- ___ -d plans on file with the City. Erosion control mgasures shall be
implemented to protect the installed drainage structures and to prevent erosion and/or failure of the swale
iigation, and establishment of specified vegetation shall be required prior to issuance of the permanent
certificate of occup --, e --- - - eciated dwelling.
A warranty suret` -
public improvements to guarantee against d- -- -- -- - •- - - - - - -
of two years from the date the facility is accepted by the City. (Ord. 08 005§ 1, 2008; Ord. 07 015 § '1,
2007. Formerly 22.150.090).
22.150.0- 080 Inspection.
The development services senior engineer is authorized to field inspect, as appropriate, street, building
site, and drainage construction to verify conformance with City standards and the conditions of approval.
(Ord. 08-005 § 1, 2008; Ord. 07-015 §4, 2007. Formerly 22.150.100).
22.150.4090 Property owner responsibilities.
A. The property owner shall comply with provisions of this section and City standards. The property
owner shall be responsible for repair, restoration, and perpetual maintenance of the stormwater facility
installed on private property and any portion of the swale situated in a public right-of-way adjacent to their
respective properties.
B. For purposes of this chapter, "repair and restoration"shall mean conforming the stormwater facility
to the plans on file with the City. This responsibility to repair, restore and maintain shall be imposed
without regard to any fault or wrongful intention on the part of the property owner.
1. "Maintenance" means preservation of the original area, volume, configuration and function of
the stormwater facility as described in the plans.
2. "Maintenance" also includes mowing, irrigating, and replacing when necessary the lawn turf
within the swales.
The property owners within single-family and two-family residential subdivisions are not
responsible for maintenance of structures such as drywells, inlets, and pipes that receive runoff from
public right-of-way and conform to City access standards and are located within the public right-of-way or
a border easement dedicated to the City. The City of Spokane Valley will maintain the drywells, inlets and
pipes upon acceptance of the public infrastructure.
C. The property owner is responsible for keeping open the drainage and stormwater easements on
their property. If a drainage or stormwater easement is unlawfully encroached upon or the function of a
designated drainage or stormwater easement is reduced, the property owner is responsible for removing
the encroachment or detriment.
D. The property owner is responsible for keeping open maintenance access easements serving
drainage facilities and drainage easements.
E. The property owner shall not place or permit, and shall immediately remove, vehicles, equipment,
objects, refuse, garbage or litter from the stormwater facility. (Ord. 08-005 § 1, 2008; Ord. 07-015§4,
2007. Formerly 22.150.110).
22.150.110 100 Public drainage facilities.
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Chapter 22.150
It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized waters or
other liquids onto City property, rights-of-way, or border easements without written permission of the
director of public works. For purposes of this chapter, unauthorized waters include, but are not limited to:
A. Groundwater from springs or other natural or artificial sources, foundation drains, sump pumps, and
other means of discharging groundwater to the surface;
B. Surface water containing sediment;
C. Discharges from swimming pools, hot tubs, detention or evaporation ponds;
D. Water discharged from the cleaning of containers or equipment used in laying, cutting, or
processing concrete and mortar and the water used in such processes;
E. Water discharged from the cleaning of equipment or containers holding paint solvents or similar
contaminants; and
F. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of
stormwater control and treatment facilities. (Ord. 08-005 § 1, 2008; Ord. 07-015 §4, 2007. Formerly
22.150.120).
22.150.120 110 Failure to comply—Nuisance.
The following is declared to be unlawful and a public nuisance:
A. The placement, construction, or installation of any structure within, or the connection to, a public
stormwater facility without written permission of the director of public works; or
B. The discharge of stormwater to a public stormwater facility without permission of the director of
public works; or
C. The failure to construct or maintain the stormwater facility as required in the permit or site drainage
plan; or
D. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or litter
within the stormwater facility. (Ord. 08-005 § 1, 2008; Ord. 07-015§4, 2007. Formerly 22.150.130).
22.150.130 120 Enforcement.
Enforcement of this chapter shall be pursuant to Chapter 17.100 SVMC. (Ord. 08-005 § 1, 2008; Ord.
07-015§4, 2007. Formerly 22.150.140).
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Public Hearing Draft Chapter 24.50 Evacuation, Fill and Grading Land Disturbing Activities
Chapter 24.50
. . .
Sections:
21.50.010 Purpose.
21.50.020 Permit required.
21.50.030 Exempted work.
21.50.010 Testing.
21.50.050 Hazards.
21.50.060 Permit requirements.
21.50.070 Excavation and fill.
21.50.080 Setbacks.
21.50.090 Drainage and terracing.
21.50.100 Erosion control.
21.50.110 Fees.
21.50.120 Inspections and final report.
21.50.130 Enforcement.
21.50.010 Purpose.
of permits; approval of plans and inspection of grading construction.(Ord.07 010 § 1,2007).
21.50.020 Permit required.
,a - a - a
• e ! ! ! . !!
21.50.030 Exempted work.
A.A grading permit shall not be required for the following:
1.Grading in an isolated,self contained ar a if there is no dance- . - • • - -.• • - -- -- ; = = :-
, -a . . • • . . ., ..... •. . ....
2.Work located within a dedicated public right of way.
.. -• -- - - -• - --
feet(1,524 mm)after the completion of such stricture.
5.Cemetery graves.
6.Refuse disposal sites controlled by other regulations.
elimination program.
. .•.•••a, •• '• -;, . • . • ;, : - .• : , • .,a • " , -aa "J• - - • •_
. - - 2'. - -- . . - 2'.
10.An excavation that:
a. Is less than two feet in depth;or
in five units horizontal(20 percent slope).
12.Fill less than three feet in depth that:
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Public Hearing Draft Chapter 24.50 Evacuation, Fill and Grading Land Disturbing Activities
a.Is not intended to support structures;
b.Does not exceed 50 cubic yards on any one lot;or
c.Does not obstruct a drainage course.
. .. .. -• - -- - . -
public property;and is otherwise permitted.
B.Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any
jurisdiction,the state of Washington or the United States of America.(Ord.07 010 § 1,2007).
21.50.040 Testing.
A.ASTM D 1557,Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort.
B.ASTM D 1556,Test Method for Density and Unit Weight of Soil in Place by the Sand Cone Method.
_ ,. .-- -• - ► - " .::-
•
.... ,, . .' ,.- .-- - ' . - . -- 5. • - . . -- „-
„ . _.__ - _. . :-- - . .• _ 56 -.. _.
Depth).
F.ASTM D 3017,Test Method for Water Content of Soil and Rock in Place by Nuclear Methods(Shallow
Depth).
. :°:, ":• - .-. •- . - .. . - . -
H.ASTM D 2188,Practice for Description and Identification of Soils(Visual Manual Procedure).
System).(Ord.07 010 § 1,2007).
21.50.050 Hazards.
A. Whenever any existing excavation,embankment or fill on public or private property has become a hazard to
owner's agent or other person in control of the property shall repair or eliminate the excavation or embankment,
within the period of time specified on the written notice.
public nuisance,subject to all enforcement actions and penalties as found in Chapter 17.100 SVMC.(Ord.07 010
§ 1,2007).
21.50.060 Permit requirements.
A.Grading Permit Requirements.
2. Grading commenced without first obtaining a grading permit from the City,unless pursuant to SVMC
investigative fee for the portion of the work accomplished without a permit pursuant to International Building Code
vest the illegal work with any legitimacy,nor does it establish any rib- : - - - - • • - - -- --
deemed hazardous.
permit application.
elects "engineered grading," or the submitted plans arc prepared by a Washington licensed design professional, or
to the requirements for engineered grading.
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Public Hearing Draft Chapter 24.50 Evacuation, Fill and Grading Land Disturbing Activities
sets of plans and specifications,and supporting data,
registered design professional in responsible charge.
and sealed by the design professional and shall include the following:
a.Vicinity map of the proposed site.
.. .. . _ .. •
.JJ - .. .. . .�
drainage channels and related construction.
d.Detailed plans of all surface and subsurface drainage devices,walls,cribbing, dams and other
drainage ar a and the estimated runoff of the area served by any drains.
c.Designated 100 y r floodplains.
.. . . . •. - I.-- ... - '- -•• . t, , •
applicable to grading,may be included by reference,
location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may
be affected by the proposed grading operations.
h.A SEPA checklist shall be submitted,along with all other plans to complete an application.
i.The dates of the soils engineering and engineering geology reports tot,- •- • •- . .- ,
seal:
subdivision grading shall contain the following details in addition to the general information required under
subsection B of this section.
and basements shall be provided.
removed prior to the placement of any other fill.If lots are comprised of fill materials more than two feet in depth,
... , et ... . .-- .. . • -.. •:-, • .- .. • . . . ' , .. ..
subsequent Spokane Valley building permit application.
3.Maximum and minimum elevations for all basement and crawlspace floors.Maximum and minimum
elevations for the top of foundation walls.Maximum elevation for lot/property boundary lines to provide positive
drainage from building sites.
this section:
septic system or replacement area for septic systems.
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Public Hearing Draft Chapter 24.50 Evacuation, Fill and Grading Land Disturbing Activities
classification and status with respect to DOE dam safety regulations(Chapter 173 175 WAC)if exempt;
justification of exempt status is required.
. •. • ... • .. - - - _. . •.---
-
-- . - ... .. ., .. - _. ... ...
building the driveway serves shall be considered engineered grading regardless of the amount of excavation or fill
2. Surface.The surface of a private driveway shall be designed and maintained to support a 75,000 pound
fire truck.The road shall be surfaced so as to provide all weather driving capabilities.
submitted that will allow a 75,000 pound fire truck to drive over the curb or road shoulder.
foot diameter cul de sac is required.
F. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils.
Conclusions and recommendations for grading procedures and design criteria for corrective measures,including
- .. -b. . " -' - - -". .b• .•. - -- , . .. •
.. ... - - - - - • .. . ... b .. .7D . - - - ;"4, .b
information:
1. General vicinity of the proposed site.
2.Limiting dimensions and depth of cut and'or fill.Total volume of cut or fill.
2'1.50.070 Excavation and fill.
A.All excavation or fill within pipeline hazard areas identified in SVMC 19.110.010 shall meet the standards and
notification requirements of that section.
cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than one unit vertical in two
C.Fill slopes shall not be constructed on natural slopes steeper than one unit vertical in two units horizontal(50
percent slope).The ground surface shall be prepared to receive fill by removing vegetation,noncomplying fill,
than one unit vertical in five units horizontal(20 percent slope)and the height is greater than five feet,an engineered
grading shall be required.
placed in fill.
• • - - -• • -; _. , - - - •-
Rocks shall be placed so as to assure filling of all voids with well graded soil.
21.50.080 Setbacks.
A.The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut
with a minimum of two feet.
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Public Hearing Draft Chapter 24.50 Evacuation, Fill and Grading Land Disturbing Activities
incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a
b • •
1.Additional setbacks.
2.Provision for retaining or slough walls.
3.Mechanical or chemical treatment of the fill slope surface to minimize erosion.
4.Provisions for the control of surface waters.
5.Consultation with a professional engineer,
- .. .. . - . .. •5-
section has been satisfied. (Ord.07 010 § 1,2007).
24.50.090 Drainage and terracing.
A.Unless otherwise indicated on the approved soils engineering report,drainage facilities and terracing shall
conform to the provisions of this section for cut or fill slopes steeper than one unit vertical in three units horizontal
(36.3 percent slope).
- . " . ';• •- - 'dth shall be established at not more than 30 foot vertical intervals on all cut or
engineered grading.
C. Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced
(projected)without discharging into a down drain.
above slopes toward the cut and has a drainage path greater than 0 feet measured horizontally.Interceptor drains.
drain.The slope of drain shall be approved by the building official,
or other discharge point approved by the building official.Erosion of ground in the area of discharge shall be
controlled by installation of down drains or other devices.
from foundation walls shall fall a minimum of six inches within the first 10 feet.
I . . _ ..
24.50.100 Erosion control.
A.The faces of cut and fill slopes shall be prepared and maintained to control erosion.The protection for the
be submitted for approval in conjunction with the grading permit.
erosion and provide safety.
grading requirements. (Ord. 07 010 § 1,2007).
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Public Hearing Draft Chapter 24.50 Evacuation, Fill and Grading Land Disturbing Activities
2'1.50.110 Fees.
plans and specifications for review.
greater.
D. Separate permits and fees shall apply to retaining walls or major drainage structures as otherwise required.
2'1.50.120 Inspections and final report.
A.Professional observation and testing to determine conformance with project plans and specifications of
grading operations shall be provided by the professional engineer and/or the professional geologist retained to
provide such services.That individual shal •- -.' - - -- - - - - • •- - -- . b-.
project plans and specifications within such engineer's area of technical specialty,which shall include professional
the approved report.Revised recommendations relating to conditions differing from the approved engineering
geology report shall be submitted to the soils engineer.
- - ' - . . - - S - . -- - - - .
•
under the direct supervision of the professional engineer and submitted to the building department for review and
approval prior to any revised work commencing.
required,to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the
consultants,the contractor and the building department.
E.Revised plans,if any, shall be submitted for approval prior to any changes.
•
• - - b •• -• - O••" - - ... •. ..
approved drainage facilities and erosion control measures.
shall be reported immediately in writing to the permittee and to the building official.
prior to the recommencement of such grading.
•
final report.Those plans and reports shall indicate:
1.All grading work was done in conformance with the approved plans.
2.All discrepancies encountered with the approved plans and resolutions of those discrepancies.
3.All plans and reports shall bear the stamp or seal of the licensed professional preparing the report.
protective devices,and all erosion control measures have been completed in accordance with the final approved
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Public Hearing Draft Chapter 24.50 Evacuation, Fill and Grading Land Disturbing Activities
21.50.130 Enforcement.
enforcement pursuant to Chapter 17.100 SVMC
24.50 Land Disturbing Activities
24.50.010 General
A. General Applicability. This chapter applies to all land disturbing activities, whether or not a permit is
required. All land disturbing activities shall comply with this chapter and the requirements set forth by
SVMC Title 21 Environmental Controls and SVMC 22.130.040 Street Standards.
B. Purpose. The purpose of this ordinance 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 nonpoint 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 Applicant may be the owner or the individual designated by the Owner to act on his behalf.
•- '- - - - - --- - - --' , -- _ 1313 __ , _. _, _ __ - --, -- , - - ,
the ground in the construction area.
2.Grading is the physical manipulation of the earth's surface and/or surface drainage pattern
fall into two general categories: engineered grading and regular grading.
1.Land disturbing activity result in a change in existing soil cover(vegetative or non-vegetative)or
construction, clearing and grubbing, grading and logging.
O-C. Permit Required. A separate permit shall be obtained for each site. No land disturbing activity,
unless specifically exempted, shall be performed without first having obtained a permit. The following
are the types of permit:
1. Engineered grading. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC
24.50.030 for applicability, additional exemptions, and permit requirements. All engineered
grading shall comply with the Washington State Environmental Policy Act(SEPA).
2. Regular grading. Regular grading is grading work that is not required to be engineered.
Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.040 for applicability,
additional exemptions, and permit requirements.
3. Clearing and grubbing permit. Refer to SVMC 24.50.050 for applicability, exemptions, and
permit requirements.
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ID. Fees. Permit fees, including plan review, shall be assessed in accordance with the currently
adopted Spokane Valley Master Fee Schedule.
I E. Surety. The Applicant shall post a surety in an amount determined by the Development Services
Senior Engineer. Acceptable surety instruments are cash savings assignments and letters of credit
issued by a duly chartered financial institution.
I G-F. Inspection. All land disturbing activities shall be subject to inspection by the Development
Services Senior Engineer. For all engineered grading permits, special inspection of grading
operations and special testing shall be performed in accordance with the provisions of Chapter 9 of
SVMC 22.130.040 Street Standards.
If during an inspection, site conditions and/or construction of permanent items are found 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 Development Services Senior Engineer shall be notified when work authorized by a permit
issued subject to this chapter 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 MG.Hazards. If the Development Services Senior Engineer 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 Development
Services Senior Engineer. If not corrected, the land disturbing activity shall be deemed to be a
violation pursuant to SVMC 24.050.010(1).
I WH. Violations. Unless exempt, any land disturbing activity performed without a permit shall be
considered hazardous and a public nuisance, subject to all enforcement actions and penalties as
found in SVMC Title 17.100. An investigation fee may be assessed pursuant to International Building
Code Section 108.4. The fee is payable prior to the issuance of a permit. 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.
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to fines
as provided in SVMC Title 17.100.
IJI. Construction Stormwater Permit. The Applicant shall contact Washington Department of Ecology
(Ecology) to determine if a Construction Stormwater Permit is required.
I KJ. Changes in the Field. Revised plans may be required when changes are made to the approved
grading plans. Land disturbing activities affected by such changes shall not continue until the revised
plans are reviewed and approved by the Development Services Senior Engineer.
24.50.020 GRADING PERMIT—GENERAL EXEMPTIONS
A grading permit, either engineered grading or regular grading, is not required for the following land
disturbing activities:
1. Excavations which, meets all of the following:
o Are less than 3 feet in height; and,
o Have slopes flatter than 2:1 (H:V), and,
o Do not exceed 50 cubic yards on any one lot.
2. Fills which, meets all of the following:
o Are less than 2 feet in height; and,
o Have slopes flatter than 2:1 (H:V), and,
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o Are not intended to support structures; and,
o Do not obstruct a drainage course; and,
o Do not exceed 50 cubic yards on any one lot.
3. An 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 nor exempt any excavation having an unsupported
height greater than 4 feet after the completion of such structure;
4. Cemetery graves;
5. Refuse disposal sites controlled by other regulations;
6. Excavations to facilitate the septic tank elimination program;
7. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or
clay where established and provided for by law such operations do not affect the lateral
support or increase the stresses in or pressure upon any adjacent or contiguous property;
8. Exploratory excavations under the direction of a geotechnical engineer or engineering
geologists;
24.50.030 ENGINEERED GRADING PERMITS
A. Applicability. An engineered grading permit is required for the following land disturbing activities:
1. Grading in excess of 500 cubic yards; and,
2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than 2- 1/2
feet; and,
3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than 4
feet; and,
4. Fill slopes equal to or steeper than 2:1 (H:V) heights greater than 2- 1/2 feet; and,
5. Fill slopes equal to or steeper than 10:1 (H:V) heights greater than 4 feet; and,
6. Grading in the floodplain; and,
7. Grading in Critical Areas identified in the SVMC Title 21;
8. Grading in a drainage channel; and,
9. Grading to support a building or structure of a permanent nature; and,
10. Grading associated with subdivisions pursuant to SVMC Title 20; and,
11. Grading for engineered driveways, regardless of the amount of excavation or fill required for
construction; and,
12. Grading for all ponds, water features, and man-made lakes greater than 500 sq. ft. in surface
area; and,
13. Major use permits and/or any other project likely to cause major land disturbances as
determined by the City; and,
14. Grading to support other engineering works such as, but not limited to, tanks, towers,
machinery, retaining wall, and paving; and,
15. Projects deemed to be a potential hazard.
B. Exemptions. An engineered grading permit is not required for the following land disturbing activities:
1. Grading work already included in a building permit or land action application;
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2. Grading work exempted per SVMC 25.50.020; and grading work not meeting the
requirements of SVMC 24.50.050 (A). In this latter case, the grading would be considered
regular grading.
C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit
application are as follows:
1. Completed permit application; and,
2. Two sets of all required plans stamped by a civil engineer licensed in the State of
Washington,
3. Two sets of all required reports, specifications, and supporting information prepared and
stamped by a civil engineer or geologist licensed in the State of Washington,
4. Plans shall demonstrate compliance with the provisions of this Title, SVMC 22.130.040 Street
Standards and all relevant laws, ordinances, rules, and regulations;'
5. Temporary Erosion and Sediment Control (TESC) plan. The TESC plan shall include all of
the minimum elements specified in SVMC 22.150 Spokane Regional Stormwater Manual
Chapter 9 and Plan elements required in Chapter 4 of SVMC Title 22.130.040 Street
Standards, as applicable. The TESC plan may also be prepared by a Certified Erosion and
Sediment Control Technician. All erosion prevention and sediment control measures shall be
maintained, including replacement and repair as needed. These minimum guidelines are not
intended to resolve all project soil erosion conditions. The applicant is responsible for
confining all soil on the project site and implementing additional measures as necessary to
accommodate changing or unexpected site and weather conditions;
6. When required by the SVMC 22.130.040 Street Standards Chapter 5 and/or the
Development Services Senior Engineer, a geotechnical evaluation demonstrating compliance
with SVMC 22.130.040 Street Standards Chapter 5;
7. Drainage report demonstrating compliance with SVMC 22.150 Spokane Regional Stormwater
Manual Chapter 3;
8. When required by the Development Services Senior Engineer, an engineering geology report
including an adequate description of the geology of the site;
9. SEPA checklist
D. Engineered Grading Permit Final Acceptance. The following items are required prior to final
acceptance:
1. Inspection by a qualified professional hired by the Applicant; and,
2. As-graded grading plans; and,
3. A letter from the inspector that certifies that grading was conducted in accordance with the
grading plan. Certification requirements shall be in compliance with SVMC 22.130.040
Street Standards.
24.50.040 REGULAR GRADING PERMIT
A. Applicability. A grading permit is required for all grading operations unless exempted below. All
grading shall comply with the Washington State Environmental Policy Act(SEPA) and SVMC
22.130.040 Street Standards. An engineered grading permit shall be required if the project meets the
criteria specified in SVMC 24.50.030.
B. Exemptions. A regular grading permit is not required for the following land disturbing activities:
1. Grading work already included in a building permit;
2. Work exempt under SVMC 24.50.020 or already included in an engineered grading permit;
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C. Regular Grading Permit Submittal Requirements. The minimum documents required for permit
application are as follows:
1. Completed permit application; and,
2. Plans demonstrating compliance with Chapter 4 and 5 SVMC 22.130.040 Street Standards
and all other applicable laws, ordinances, rules and regulations. The name of the owner and
the name of the person who prepared the plan shall be included in all submitted plans and
documents; and,
3. Temporary Erosion and Sediment Control (TESC) plan. The TESC plan shall include all of
the minimum elements specified in SVMC 22.150 Spokane Regional Stormwater Manual
Chapter 9 and Plan elements required in Chapter 4 of SVMC Title 22.130.040 Street
Standards, as applicable. The TESC plan may also be prepared by a Certified Erosion and
Sediment Control Technician. All erosion prevention and sediment control measures shall be
maintained, including replacement and repair as needed. These minimum guidelines are not
intended to resolve all project soil erosion conditions. The applicant is responsible for
confining all soil on the project site and implementing additional measures as necessary to
accommodate changing or unexpected site and weather conditions.
24.50.050 GRUBBING AND CLEARING PERMIT
A. Applicability. A grubbing and clearing permit is required for the following land disturbing activities:
1. All grubbing and clearing activities disturbing 5,000 square feet or more of area; and,
2. Any clearing on slopes, wetlands, erodible soils, critical areas, etc; and,
3. Any removal of trees and vegetation that does not trigger the grading permit requirements.
B. Exemptions. The following land disturbing activities are not required to obtain a clearing and
grubbing permit:
1. Commercial agriculture as regulated under RCW Chapter 84.34.020. Clearing associated
with agricultural uses, excluding timber cutting not otherwise exempted;
2. Forest practices regulated under WAC Title 222, except for Class IV General Forest
Practices that are conversions from timberland to other uses;
3. Clearing and grubbing already included in a grading or building permit;
4. The removal of six(6) trees or less per acre per parcel;
5. The removal of trees and ground cover by utility companies in emergency situations; or,
6. Routine landscape maintenance and minor repair.
C. Permit Submittal Requirements. The minimum documents required for permit application are as
follows:
1. Completed permit application; and,
2. Plans demonstrating compliance with Chapter 4 and 5 SVMC 22.130.040 Street Standards and
all other applicable laws, ordinances, rules and regulations; and,
3. Temporary Erosion and Sediment Control (TESC) plan. The TESC plan shall include all of the
minimum elements specified in SVMC 22.150 Spokane Regional Stormwater Manual Chapter 9
and Plan elements required in Chapter 4 of SVMC Title 22.130.040 Street Standards, as
applicable. The TESC plan may also be prepared by a Certified Erosion and Sediment Control
Technician. All erosion prevention and sediment control measures shall be maintained,
including replacement and repair as needed. These minimum guidelines are not intended to
resolve all project soil erosion conditions. The applicant is responsible for confining all soil on
the project site and implementing additional measures as necessary to accommodate changing
or unexpected site and weather conditions.
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24.50.060 SEVERABILITY
'If any section, subsection, sentence, clause or phrase of this ordinance is determined invalid for any
reason in whole or in part by court, such decision shall not affect the validity of the remaining portions of
the ordinances.
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Public Hearing Draft Appendix A Definitions
Appendix A Definitions
Appliance Sales/Service: The sale, servicing and repair of home appliances including, radios,
televisions, washers, refrigerators and ranges.
Applicant: A 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.
Aquifer: The underground layer of rock and sand that contains water.
City Standards: In reference to stormwater standards, the "Spokane County Guidelines for
Stormwater Management" and other standards developed or recognized by the Director that
relate to best management practices, threshold requirements for a site drainage plan,
exemptions, permitting processes forms and such other matters for the administration of
stormwater control.
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.
Clothes, Retail Sales: A retail store offering clothing, footwear and accessories for sale to the
general public.
Laundromat: A self-service facility providing machines for the washing and drying of clothes and
personal items.
Land Disturbing Activity: A change in existing soil cover (vegetative or non-
vegetative) or site topography. Land disturbing activities include. but are not limited to,
demolition. construction. clearing and grubbing. grading and logging.
Landscape Materials Sales Lot: The retail sale of organic and inorganic materials including, but
not limited to, soil and soil amendment, bark, sod, gravel, pea gravel, hardscape products,
crushed rock, river rock and landscape boulders primarily used for landscaping and site
preparation purposes. The exclusive sale of horticultural or floricultural stock that is permitted in
a commercial greenhouse or nursery-wholesale shall not be considered landscape materials.
Grading: 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.Any excavating or filling or
combination thereof.
Performance Surety: A financial guarantee that infrastructure required for a project will be
constructed and certified according to the accepted plans and specifications and all applicable
standards.
Permittee: Any person who has been granted and has in full force and effect a permit issued by
the City.
Permitted Use: An allowable activity or use within a zoning district.
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