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2009, 08-25 Permit 09002605 Excavation, Fill and Grading RCWChapter 24.50 J071 / e kilia 7 Sections: 24.50.010 24.50.020 24.50.030 24.50.040 24.50.050 24.50.060 24.50.070 24.50.080 24.50.090 24.50.100 24.50.110 24.50.120 24.50.130 Chapter 24.50 EXCAVATION, FILL AND GRADING Purpose. Permit required. Exempted work. Testing. Hazards. Permit requirements. Excavation and fill. Setbacks. Drainage and terracing. Erosion control. Fees. Inspections and final report. Enforcement. Page 1 of 8 24.50.010 Purpose. This chapter safeguards the public health, safety and welfare by regulating grading and excavation, including fills and embankments, on public and private property located within the City and establishes procedures for the issuance of permits; approval of plans and inspection of grading construction. (Ord. 07-010 § 1, 2007). 24.50.020 Permit required. Except as specified in SVMC 24.50.030, all excavation, fill, grading and leveling of land requires a Spokane Valley grading permit. All grading within the City shall comply with the Washington State Environmental Policy Act. (Ord. 07-010 § 1, 2007). 24.50.030 Exempted work. A. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area if there is no danger to private or public property; provided, however, that any grading in any critical area, floodplain or floodway shall not be exempt from a grading permit. 2. Work located within a dedicated public right-of-way. 3. Landscape ponds or water features that do not exceed 500 square feet water surface area or three feet in depth and are fully lined with an approved synthetic pond liner. 4. Excavation below finished grade for basements and footings of a building, retaining wall or other structure less than four feet in depth or authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet (1,524 mm) after the completion of such structure. 5. Cemetery graves. 6. Refuse disposal sites controlled by other regulations. 7. Excavations for wells, tunnels or utilities. This includes any grading required for equipment staging, not including roads, facilitating the excavation. This also includes excavation work done to facilitate the septic tank elimination program. 8. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 9. Exploratory excavations under the direction of a professional engineer or professional geologists. http://www.codepublishing.com/WA/SpokaneValley/spva124/spva12450.html 8/25/2009 Chapter 24.50 Page 2 of 8 10. An excavation that: a. Is less than two feet in depth; or b. Does not create a cut slope greater than five feet in height and steeper than one unit vertical and one and one-half units horizontal (66.7 percent slope). 11. A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (20 percent slope). 12. Fill less than three feet in depth that: 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. This exemption includes landscape berms if no slope is created greater than one unit vertical in one and one-half units horizontal (66.7 percent slope); is not more than five feet in height; creates no danger to private or public property; and is otherwise permitted. B. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction, the state of Washington or the United States of America. (Ord. 07-010 § 1, 2007). 24.50.040 Testing. The standards listed below are, for the purpose of this code, recognized standards: 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. C. ASTM D 2167, Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. D. ASTM D 2937, Test Method for Density of Soil in Place by the Drive -Cylinder Method. E. ASTM D 2922, Test Methods for Density of Soil and Soil Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM D 3017, Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). G. ASTM D 698, Moisture -Density Relations of Soils and Soil Aggregate Mixtures. H. ASTM D 2488, Practice for Description and Identification of Soils (Visual -Manual Procedure). I. ASTM D 2487, Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System). (Ord. 07-010 § 1, 2007). 24.50.050 Hazards. A. Whenever any existing excavation, embankment or fill on public or private property has become a hazard to persons or property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner, 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. B. Unless exempt, any excavation, grading or fill performed without a permit shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in Chapter 17.1.00 SVMC. (Ord. 07-010 § 1, 2007). 24.50.060 Permit requirements. A. Grading Permit Requirements. 1. A separate permit shall be obtained for each site, and may cover both excavations and fills. 2. Grading commenced without first obtaining a grading permit from the City, unless pursuant to SVMC 24.50.030, is subject to all penalties described in Chapter 17.100 SVMC, including the assessment of an investigative fee for the portion of the work accomplished without a permit pursuant to International Building Code Section 108.4, Work commencing http://www.codepublishing.com/WA/SpokaneValley/spva124/spval2450.html 8/25/2009 Chapter 24.50 Page 3 of 8 before permit issuance, based on the value of the work accomplished illegally. The fee is payable prior to the acceptance of a grading permit application. Payment of the investigative 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. Excavation or fill work that remains illegal for 90 days after service of a stop work order shall be deemed hazardous. 3. The provisions of Section 106.1.1, Information on construction documents, apply to application for a grading permit. Applicant shall note the estimated quantities of materials involved on the Spokane Valley grading permit application. 4. Grading involving less than 500 cubic yards shall be designated "regular grading" unless the permittee elects "engineered grading," or the submitted plans are prepared by a Washington -licensed design professional, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. B. Engineered Grading. Grading, fill or excavation in excess of 500 cubic yards or located in critical areas or floodplains, require construction plans/specifications prepared by a professional engineer licensed to practice in the state of Washington, and shall be designated as "engineered grading." 1. Application for a grading permit shall be made on a form prepared by the City and accompanied by two sets of plans and specifications, and supporting data. 2. Supporting data includes, but is not limited to, soils engineering report and/or an engineering geology report, prepared, signed and sealed by Washington -licensed professionals. That individual shall be considered the registered design professional in responsible charge. 3. Plans shall be drawn to scale sufficient to illustrate the nature and extent of the proposed work, signed and sealed by the design professional and shall include the following: a. Vicinity map of the proposed site. b. Property limits and accurate contours of existing ground and details of terrain and area drainage. c. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. d. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains. e. Designated 100-year floodplains. f. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering reports and the engineering geology reports, which are applicable to grading, may be included by reference. g. Location of any buildings or structures on the property where the work is proposed and the 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 together with the names, addresses and phone number of the firms or individuals who prepared the reports and their professional stamp and/or seal. C. Residential subdivision grading plans shall also include the following: Grading associated with residential subdivision development shall be engineered grading. Plans for residential subdivision grading shall contain the following details in addition to the general information required under subsection B of this section. 1. Details of subdivision construction to mitigate the effects of stormwater and irrigation runoff for all lots and areas of the subdivision. Specific site construction requirements to mitigate collection of water in crawlspaces and basements shall be provided. http://www.codepublishing.com/WA/SpokaneValley/spva124/spval2450.html 8/25/2009 Chapter 24.50 Page 4 of 8 2. Final location of all grading construction spoils. If spoils are placed on building Tots, the surface overburden, i.e., topsoil and any underlying soils not conforming to the project requirements of the lots, shall be removed prior to the placement of any other fill. If Tots are comprised of fill materials more than two feet in depth, the compacted fill materials below two feet in depth from finished grade shall have a minimum allowable bearing capacity of 1,500 pounds per square foot. In addition, if the foundation is placed on fill materials, a foundation analysis and design, prepared by a licensed Washington engineer, shall be required to be submitted with any 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. 4. Requirements for swales or drainage devices to manage stormwater and landscape irrigation runoff. D. All ponds, water features and manmade lakes greater than 500 square feet in surface area shall be engineered grading. Plans and specifications for ponds, water features and manmade lakes greater than 500 square feet in surface area shall contain the following details in addition to the information required under subsections A and B of this section: 1. Plot plan showing the location of all proposed pond construction relative to any lot line, utility easement, septic system or replacement area for septic systems. 2. Details of pond construction including section views, soil materials, lining material, special inspection/observation program and spoils disposal. Provide proposed final water surface elevation. 3. Details of any water retention device or dam along with provisions for overflow. 4. Written approval of a water source required to maintain the pond demonstrated by water rights, well permit or other documentation provided by the state of Washington Department of Ecology (DOE). Indicate classification and status with respect to DOE dam safety regulations (Chapter 173-175 WAC) if exempt; justification of exempt status is required. 5. Proof of notification of the proposed construction submitted to the U.S. Army Corp of Engineers. 6. If fish are proposed to be stocked in the pond, proof of Washington Fish and Game approval is required. E. Private driveways in excess of 150 feet in length measured from the intersection of the public way to the building the driveway serves shall be considered engineered grading regardless of the amount of excavation or fill required for construction. Specifications for these private driveways shall contain the following details in addition to the information required under subsections A and B of this section: 1. Dimensions. Unobstructed width of 20 feet and an unobstructed height of 13 feet, six inches. 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. 3. Turn Radii. Turn radii of 28.5 feet minimum are required. Smaller radii may be used if a design is submitted that will allow a 75,000-pound fire truck to drive over the curb or road shoulder. 4. Turnaround. For private driveways over 150 feet in length, a 120-foot hammerhead, 60-foot "Y" or a 96-foot diameter cul-de-sac is required. 5. Grade. Private driveways shall be paved with a hard, nonslip, water -repellant surface, such as asphalt or Portland cement concrete, Grasscrete, grassblock paver blocks or other or equivalent hard surface material. 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 buttress fills, when necessary, and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes, shall be included. G. The engineering geology report shall include an adequate description of the geology of http://www.codepublishing.com/WA/SpokaneValley/spval24/spva12450.html 8/25/2009 Chapter 24.50 Page 5 of 8 the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. H. Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and/or fill. Total volume of cut or fill. 3. Location of any buildings or structures where work is to be performed and the location of any buildings or structures within 15 feet of the proposed grading. (Ord. 07-010 § 1, 2007). 24.50.070 Excavation and fill. A. All excavation or fill within pipeline hazard areas identified in SVMC 19.110.040 shall meet the standards and notification requirements of that section. B. Unless otherwise recommended in the approved soils engineering or engineering geology report, the slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than one unit vertical in two units horizontal (50 percent slope). Cut slopes steeper than 50 percent shall require an engineered grading permit. 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, topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes are steeper 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. D. Detrimental amounts of organic material shall not be permitted in fill. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fill. E. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically. Rocks shall be placed so as to assure filling of all voids with well -graded soil. F. All fills shall be compacted to a minimum of 90 percent of maximum density. (Ord. 07- 010 § 1, 2007). 24.50.080 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. B. The toe of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope with a minimum of two feet with no required setback from the boundary greater than 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off -site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions include but are not limited to: 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. C. The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified professional engineer or professional geologist to demonstrate that the intent of this section has been satisfied. (Ord. 07-010 § 1, 2007). http://www.codepublishing.com/WA/SpokaneValley/spva124/spva12450.html 8/25/2009 Chapter 24.50 Page 6 of 8 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). B. Terraces at least eight feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid -height. Cut or fill slopes greater than 60 feet in height shall be designed by a professional engineer and shall be considered engineered grading. C. Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete or gunite not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. D. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. E. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet measured horizontally. Interceptor drains shall be paved with a minimum of three inches of reinforced concrete or gunite, or an approved equivalent. Drains shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the building official. F. All drainage facilities shall be designed to carry 100-year event waters to the nearest practicable drainage way 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. G. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded so as to drain surface water away from foundation walls. The grade away from foundation walls shall fall a minimum of six inches within the first 10 feet. H. Exception. Where lot lines, walls, slopes or other physical barriers prohibit six inches of fall within 10 feet, drains or swales shall be provided to ensure drainage away from the structure. (Ord. 07-010 § 1, 2007). 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 slopes shall be installed as soon as practicable and prior to calling for final approval. An erosion control plan shall be submitted for approval in conjunction with the grading permit. B. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. C. Seeding and planting of erosion control vegetation may be delayed until the next planting season; provided, that a bond or surety is executed in favor of the City to assure performance. D. The City may require professional inspection and testing by a soil engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading requirements. (Ord. 07-010 § 1, 2007). 24.50.110 Fees. A. Fees, including plan review, shall be assessed in accordance with the Spokane Valley Master Fee Schedule. B. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. C. For excavation and fill on the same site, the fee will be based on the volume of excavation or fill, whichever is greater. http://www.codepublishing.com/WA/SpokaneValley/spva124/spval2450.html 8/25/2009 Chapter 24.50 Page 7 of 8 D. Separate permits and fees shall apply to retaining walls or major drainage structures as otherwise required. There shall be no separate charge for standard terrace drains and similar facilities. (Ord. 07-010 § 1, 2007). 24.50.120 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 shall be the registered design professional in responsible charge. B. The professional geologist shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of technical specialty, which shall include professional observation and testing of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. C. The professional engineer shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of competence, which shall include observation and review during preparation of the natural ground, site grading, placement of fill, testing for compaction as well as establishment of line, grade and surface drainage of the development area. If actual work will differ from the approved plans and reports and revised plans are required during the course of the work, they shall be prepared under the direct supervision of the professional engineer and submitted to the building department for review and approval prior to any revised work commencing. D. The permittee shall be responsible for work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this chapter, and the permittee shall engage consultants, if 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. F. The building official or their designee shall inspect the project and/or the inspection documents at the various states of work requiring approval to determine that the project is within the requirements of this chapter. G. The permittee shall request a final inspection upon completion of the project, following installation of all approved drainage facilities and erosion -control measures. H. If, in the course of fulfilling their respective duties under this chapter, the design professional in responsible charge finds that the work is not in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the building official. I. If the registered design professional in responsible charge is changed during the execution of the Spokane Valley grading permit, the work shall be stopped until the replacement has been named and been approved by the building official. Further, that replacement shall agree in writing to accept their responsibility within the area of technical competence. It shall be the duty of the permittee to notify the building official in writing of such change prior to the recommencement of such grading. J. Upon completion of the rough grading work and at the final completion of the work, the design professional in responsible charge for engineered grading or when professional observation and testing to determine conformance with project plans and specifications is performed for regular grading, as applicable, shall submit record plans and 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. K. The permittee shall notify the building official when the grading operations are ready for http://www.codepublishing.com/WA/SpokaneValley/spval24/spval2450.html 8/25/2009 Chapter 24.50 Page 8 of 8 final inspection. Final approval shall not be given until all the work, including installation of all drainage facilities and their protective devices, and all erosion control measures have been completed in accordance with the final approved grading plan, and the required final reports have been submitted to the City. (Ord. 07-010 § 1, 2007). 24.50.130 Enforcement. Work done in violation of any of the provisions of this chapter is declared to be a public nuisance and subject to enforcement pursuant to Chapter 17.100 SVMC. (Ord. 07-010 § 1, 2007). Compile Title This page of the Spokane Valley Municipal Code is current through Ordinance 09-011 and legislation passed through May 12, 2009. Disclaimer: The City Clerk's Office has the official version of the Spokane Valley Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http://www.spokanevalley.org/ Telephone: (509) 688-0177 Code Publishing Company Voice: (206) 527-6831 Fax: (206) 527-8411 Email: CPC@codepublishing.com http://www. codepublishing. com/WA/SpokaneV alley/spva124/spva1245 0.html 8/25/2009