Ordinance 21-005 Amending Titlte 24 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.21.-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,.
WASHINGTON, AMENDING TITLE 24 OF THE SPOKANE VALLEY MUNICIPAL
CODE RELATED TO BUILDING AND LAND DISTURBING REGULATIONS, AND
OTHER MATTERS RELATING THERETO.
WHEREAS,the City of Spokane Valley(City) previously adopted Title 24 of the Spokane Valley
Municipal Code (SVMC) relating to building and land disturbance regulations, and has made subsequent
amendments from time-to-time as appropriate; and
WHEREAS, such regulations are authorized pursuant to chapter 36.70A RCW; and
WHEREAS, City staff have proposed amendments to amend Title 24 SVMC to update relevant
code references and add clarifying language for consistency throughout the SVMC and other adopted codes;
and
WHEREAS, on February 9, 2021, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS, on March 11, 2021, the Planning Commission (Commission) held a study session;
and
WHEREAS, on March 5 and 12, 2021, notice of the Commission's public hearing was published
in the Valley News Herald; and
WHEREAS, on March 25, 2021, the Commission held a public hearing, received evidence,
information,public testimony, and a staff report with a recommendation, followed by deliberations; and
WHEREAS, on April 8, 2021,the Commission approved the findings and recommended that City
Council adopt the amendments; and
WHEREAS,on April 27,2021, City Council reviewed the proposed amendments and Commission
Findings and Recommendations; and
WHEREAS, on May 11, 2021, City Council considered a first ordinance reading to adopt the
proposed amendments; and
WHEREAS,the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive PIan; and
WHEREAS, Title 24 SVMC, as amended, bears a substantial relation to the public health, safety,
welfare and protection of the environment.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section I. Purpose. The purpose of this Ordinance is to amend Title 24 SVMC to align the
language of Title 24 SVMC with the adoption of the International Building Code,International Residential
Ordinance 21-005—Title 24 SVMC updates Page 1 of 14
Code, International Energy Conservation Code, International Mechanical Code, International Fire Code,
Uniform Plumbing Code by Washington State and to implement clarifying language related to permit
expiration and land disturbance activities.
Section 2. Findings and Conclusions. The City Council acknowledges that the Commission
conducted appropriate investigation and study, held a public hearing on the proposed amendments, and
recommends approval of the amendments. The City Council has read and considered the Commission's
findings. The City Council hereby makes the following findings:
A. Growth Management Act Policies - Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development
regulations that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals
and policies consistent with the GMA and adopted County-Wide Planning Policies, set
forth below.
ED-G6 Maintain a positive business climate that strives for flexibility, predictability,
and stability.
LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure
improvements support economic growth and vitality.
LU-P9 Provide supportive regulations for new and innovative development types on
commercial, industrial,and mixed-use land.
I-I-P2 Adopt development regulations that expand housing choices by allowing
innovative housing types including tiny homes, accessory dwelling units, pre-
fabricated homes, co-housing, cottage housing, and other housing types.
C. Conclusions
1. The proposed amendment bears substantial relation to public health, safety,
welfare and protection of the environment. Pursuant to RCW 19.27.031 and
19.27.040, the Washington State Building Code is integral to preserving
public health, safety, welfare and protection of the environment. The State
Building Code is comprised of model code editions with Washington State
amendments and is the minimum construction requirement for the State of
Washington. The 2018 editions of the model codes as adopted by the
Washington State Building Code Council, are currently in effect and prevail
for construction in all counties and cities of Washington State.
2. The proposed City-initiated Code text amendment is consistent with the
City's adopted Comprehensive Plan and the approval criteria pursuant to
SVMC 17.8O.15O(F).
Ordinance 21-005—Title 24 SVMC updates Page 2 of 14
Section 3. Amendment. Title 24 SVMC is hereby amended as follows:
Chapter 24.40
CODES ADOPTED
24.40.010 General.
A.The adopted codes shall apply to any structure, equipment, or activity as provided herein.
B.All projects submitted for review and approval must conform to the requirements of this title.
24.40.020 Specific.
A. Pursuant to chapter 19.27 RCW, 19.27A RCW,and chapter 51-50 WAC,there is adopted and in effect within
the City the Washington State Building Code,as presently constituted or subsequently amended,together with all
amendments and additions provided in this Title 24 SVMC. The adopted code includes:
1. The International Building Code, current adopted Edition,as published by the International Code
Council,Inc.,including Washington State Amendments(chapter 51-50 WAC);
2. International Residential Code,current adopted Edition,as published by the International Code Council,
Inc.,including Washington State Amendments(chapter 51-51 WAC);
3. International Energy Conservation Code,current adopted Edition,as published by the International
Code Council,Inc.,including Washington State Amendments (chapters 51-1 IC and 51-11R WAC);
4. International Mechanical Code and the International Fuel Gas Code,NFPA 58 and NFPA 54,current
adopted Editions,as published by the International Code Council,Inc.,including Washington State Amendments
(chapter 51-52 WAC);
5. International Fire Code,current adopted Edition,as published by the International Code Council,Inc.,
including Washington State Amendments(chapter 51-54A WAC); and
6. Uniform Plumbing Code and Uniform Plumbing Code Standards,current adopted Edition, as published
by the International Association of Plumbing and Mechanical Officials,including Washington State Amendments
(chapter 51-56 WAC).
B.The City hereby adopts the 2018 Edition of the International Property Maintenance Code,current adopted
Edition, as published by the International Code Council,Inc.,except Sections 106, 111,302.3,302.4, 302.8, 304.2,
304.8,304.13 through 304.19,305.3, 305.6,308,309.2 through 309.5,404.1, 506.3, 507,and 606 are not adopted.
The adopted International Property Maintenance Code is further hereby amended as provided in this Title 24
SVMC. The adopted International Property Maintenance Code is in addition and supplemental to any and all other
adopted codes and regulations,and applies to any and all existing structures and premises;equipment, facilities and
fixtures; light, ventilation,space heating,sanitation, life and fire safety hazards;responsibilities of owners,
operators,and occupants; and occupancy of existing premises and structures;and such other matters as contained
therein.
24.40.030 Local provisions.
A.The provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically amended by
this Title 24 SVMC.
B.The following provisions amend all codes adopted by SVMC 24.40.020.Any provisions related to fees,time
limitation of application and permit expiration in any of the codes adopted in SVMC 24.40.020 are not adopted,
including but not limited to International Building Code subsections 105.3.2 and 105.5 as adopted by Chapter 51-50
WAC,and International Residential Code subsections R105.3.2 and R105.5 as adopted by Chapter 51-51 WAC.
C.Projects subject to regulation under this chapter vest to the state code edition under which a complete application
was accepted.
Ordinance 2.1-005—Title 24 SVMC updates Page 3 of 14
1.Time Limitation of Application.Applications are valid for one year. One or more extensions of time may
be granted for a term of not more than 180 days but shall not exceed the time remaining in the code cycle
to which the application is vested. Any request for extension shall be made in writing.All permit
applications regulated by this title shall be deemed to be abandoned and become null and void if a permit
is not issued within the time Iimits described herein.
a.Applications that have expired subject to this section have no vested right to review under the state code
or Spokane Valley Municipal Code in effect at the time of original complete application.
b.For review to continue on a project for which the application has expired,a new permit application
must be submitted and a new fee paid.The application is subject to the processes and requirements of
the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of
application submittal requirements and review process shall be determined by the city manager or
designee.
2.Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless
the work authorized by such permit is commenced within two years of issuance. One or more extensions
of time maybe granted for a term not more than 180 days but shall not exceed the time remaining in the
first full code cycle after the code cycle to which the permit is vested. Any such extension shall be
requested in writing.
A permit issued subject to this section shall expire and become invalid if the work authorized by the
permit is not completed within two years after the first required inspection has been made.
a.Permits that have expired subject to this section have no vested right to review under the Spokane
Valley Municipal Code in effect at the time of original complete application acceptance.
b. When a permit expires and the work authorized by the expired permit is not completed,the remaining
work may continue only after a new permit application for the remaining work has been submitted,
approved,and new fees paid. The scope of permit review and fee amount shall be determined by the
City Manager or designee.The fees shall be set to cover actual City costs for services.
c.Compliance Actions. If a permit issued to resolve a code violation expires subject to this section,the
property owner may be subject to the immediate imposition of penalties and remedies authorized by
the Spokane Valley Municipal Code.
3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the
permit applicant is not the property owner,the applicant shall be held to be an agent of, and acting on
behalf of,the property owner.
4. Fees and Fee Refunds.Application and permit fees shall be collected or refunded subject to the provisions
of the currently adopted Spokane Valley master fee schedule.A permit shall not be valid until the fees
prescribed by the Spokane Valley master fee schedule have been paid in full.
The building official may authorize the refunding of fees in the manner and for the amounts set forth in the
currently adopted Spokane Valley master fee schedule.
5. Work Commencing Before Permit Issuance.Any person who commences any work on a building
structure,electrical,gas, mechanical or plumbing system,before obtaining necessary permits,shall be
subject to an investigation fee in accordance with the current City of Spokane Valley master fee schedule.
The investigation fee shall be equal to and additional to the permit fee that would have been required had a
permit been issued and is owed whether or not a permit is subsequently issued.Payment of the
investigation fee does not vest illegal work or establish any right to a permit.
24.40.040 Local amendments to the adopted codes.
The City hereby amends the adopted State Building Code as follows:
Ordinance 21-005—Title 24 SVMC updates Page 4 of 14
A. The International Building Code.
1.Amend Section 105,Permits, as follows:
a. Section 105.2,Work exempt from permit,Building: 1.to read as follows:
One-story detached accessory structures used as tool and storage sheds,playhouses
and similar uses provided the floor area does not exceed 200 square feet(11.15 m2),
b. Section 105.2, Work exempt from permit,Building: Item 6.to read as follows:
Item 6. Decks,sidewalks and driveways not more than 30 inches(762 mm)
above the lowest adjacent ground level within six feet horizontally of
the edge of the deck,sidewalk or driveway and where a guardrail is not
required by other sections of this code, and not over any basement or
story below and are not part of an accessible route.
2.Amend Section 1613,Earthquake loads,as follows:
a.Add a sentence to subsection 1613.1, Scope,as follows:
The minimum seismic design category shall be C.
B. The International Residential Code.
1. Replace Table R301.2(1),Climatic and Geographic Design Criteria,with the following:
GROUND WIND DESIGN SEISMI SUBJECT TO DAMAGE WIN ICE FLOG AIR MEA
SNOW C FROM TER BARRIER D FREEZ N
LOAD* Ultima Topogr Spec Windb DESIG Weathe Frost Termit DESI UNDERLA HAZA ING ANN
to aphic ial orne N ring tine a GN YMENT RDS INDE UAL
Design effects wind debris CATEG depth TEM REQUIRED X TEMP
Speed regio region ORY P.
(mph) n
*
39Ibs/ft7 110 No No No C Severe 24" Slight 10°F Yes 2010 1232 47.2°
*Roof *Nomi to FIRM F
Snow Load: no! Moder
min.30 Design ate
lbs/ft2 Speed:
85
MANUAL)DESIGN CRITERIA'
Elevation Latitude Winter Summer Altitude Indoor design Design Heating
heating cooling correction temperature temperature temperature.
factor cooling difference
2001 47°N 7°F 89°F 0.94 72°F 75°F 65°F
Cooling Wind velocity Wind velocity Coincident wet Daily range Winter Summer
temperature heating cooling bulb humidity humidity
difference
14"F 15 MPH 7.5 MPH 61 High 30% 50%
(Manual.1 Design Criteria may be based on site-specific data in accordance with the Washington State Energy Code.
2.Amend Section R3I0.2.5,Emergency escape and rescue openings,as follows:
R310.2.5 Replacement of emergency escape and rescue openings except for replacement
of glazing only in such windows shall be of the size required by this section.
3.Amend Section R322,Flood-resistant construction,as follows:
a. Modify R322.1, General,to add municipal code reference and read as follows:
Ordinance 21-005—Title 24 SVMO updates Page 5 of 14
All development in whole or in part within a designated floodplain shall comply with
chapter 21.30 SVIvIC and be designed and constructed in accordance with the
provisions contained in this section.
b.Add a sentence to subsection R322.1.4,Establishing the design flood elevation,such that the section
reads as follows:
The design flood elevation is equal to base flood elevation plus one (1)foot. The
design flood elevation shall be used to define areas prone to flooding, and shall
describe, at a minimum,the base flood elevation at the depth of peak elevation of
flooding(including wave height)which has a 1 percent(100-year flood)or greater
chance of being equaled or exceeded in any given year.
c.Delete item 1 in subsection R322.2.1,Elevation requirements, as amended by Washington State, and
replace with a new item 1 to read as follows:
Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above base flood elevation plus one foot.
d. Delete item 3 in subsection R322.2.1,Elevation requirements,as amended by Washington State, and
replace with a new item 3 to read as follows:
Basement floors that are below grade on all sides shall be elevated to or above base
flood elevation plus one foot.
e.Add a second paragraph to Section R322.3.9,Construction documents,to read as follows:
The documents shall include a verification of foundation elevation prior to footing
inspection approval and a verification of lowest floor elevation to be base flood
elevation plus one foot prior to framing inspection approval.
C. The International Mechanical Code and the International Fuel Gas Code. Reserved.
D. The International Fire Code.
1.Adopt Appendix B Fire Flow Requirements for Buildings.
2.Adopt Appendix C Fire Hydrant Locations and Distribution.
3.Adopt Appendix D Fire Apparatus Access Roads;amend Section DI01.1,to read as follows:
D101.1 Scope.Fire apparatus access roads shall be in accordance with this appendix and all other applicable
requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access
Roads.
E.The Uniform Plumbing Code.Reserved.
F.The 2018 International Property Maintenance Code.
1. Amend Section 202, General definitions,by adding the following definitions:
a.Blighted property. A property,dwelling,building,or structure which constitutes
blight on the surrounding neighborhood. "Blight on the surrounding neighborhood"is
any property,dwelling,building, or structure that meets any two of the following
factors:
i. A dwelling,building,or structure exists on the property that has not been
lawfully occupied for a period of one year or more;
Ordinance 21-005—Title 24 SVMC updates Page 6 of 14
ii. The property,dwelling,building,or structure constitutes a threat to the public
health,safety,or welfare as determined by the City manager or designee;
iii. The property,dwelling,building,or structure is or has been associated with.
illegal drug activity during the previous twelve months.
b.Drug properties and structures.Any building, structure and/or associated property,
identified by the Chief of Police,wherein or upon which the manufacture,
distribution,production or storage of illegal drugs or the precursors to create illegal
drugs has taken place in a manner which could endanger the public.
2.Amend Section 202, General definitions,by deleting the following definitions:
a. Garbage;
b.Housekeeping unit;
c.Inoperable motor vehicle.
3.Amend Section 108,Unsafe structures and equipment, as follows:
a.Add a new subsection 108.8, Blighted properties,to read as follows:
In conformance with RCW 35.80A.010,the City may acquire by condemnation, in
accordance with the notice requirements and other procedures for condemnation
provided in Title 8 RCW, any property, dwelling, building, or structure which
constitutes a blight on the surrounding neighborhood.
Prior to such condemnation,the City Council shall adopt a resolution declaring that the acquisition of
the real property described therein is necessary to eliminate neighborhood blight. Condemnation of
property,dwellings,buildings, and structures for the purposes described in this chapter is declared to be
for a public use.b.Add a new subsection 108.9 Drug properties and structures,to read as follows:
Drug properties and/or structures are declared to be unsafe properties or structures and
are a classification of property subject to the special procedures set forth in Section
108.8. The Building Official is authorized to abate such unsafe buildings, structures,
and/or associated properties in accordance with the procedures set forth in this code
and Washington statute,chapter 64.44 RCW,with the following additional actions:
i. Due to public safety hazard in drug production facilities,all public and private
utilities shall be disconnected.
ii. Building(s)and structures shall be inspected to determine compliance with all
City ordinances and codes.
iii. Building(s)and any entry gates to the property shall be secured against entry
in the manner set forth in this code.
iv. Reconnection of utilities or occupancy of the building(s),structures or
property shall not be allowed until all violations have been addressed, all
dangerous conditions abated and a notice of release for re-occupancy has been
received from the health department and sheriff's office.
v. If dangerous conditions cannot be abated,occupancy shall be prohibited and
the structure and/or property may be subject to condemnation pursuant to
RCW 35.80A.010, Condemnation of blighted property.
4. Replace the code reference,International Plumbing Code, in Sections 502.5 and 505.1,with the following:
The State adoption of the Uniform Plumbing Code.
5.Delete the text of Section 602.2,Residential occupancies, and replace with the following:
Ordinance 21-005—Title 24 SVMC updates Page 7 of 14
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68°F(20° C)in all habitable rooms,bathrooms,and toilet rooms. Cooking
appliances shall not be used to provide space heating to meet the requirements of this
section,
6. Delete the text of Section 602.3,Heat supply,and replace with the following:
Every owner and operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms,either expressed or implied,to supply heat to occupants
thereof shall provide heat to maintain a temperature of 68°F(20°C)in all habitable rooms,
bathrooms, and toilet rooms.
7. Replace paragraph one of Section 602.4, Occupiable work spaces,with the following:
Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65°
F(18°C)during the period the spaces are occupied.
8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service,with the following:
The State adoption of the National Electrical Code.
Chapter 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,22.130.040, Street Standards,and Spokane Regional Stormwater Manual,
B. Purpose.The purpose of this chapter is to regulate all land disturbing activities to protect and safeguard the
general health,safety,and welfare of the public residing within the City of Spokane Valley by:
1. Establishing procedures for issuance of permits,plan approval,and inspection of grading construction; and
2. Controlling erosion and preventing sediment and other pollutants from leaving the project site during
construction by implementing best management practices;and
3. Reducing stormwater runoff rates and volumes,soil erosion and non-point source pollution,wherever
possible,through stormwater management controls and to ensure that these management controls are properly
maintained and pose no threat to public safety;and
4. Protecting downstream properties and public infrastructure.
C. Definitions.
I."Applicant" is the private party or parties desiring to construct a public or private improvement within City
right-of-way,easements, or private property,securing all required approvals and permits from the City,and
assuming full and complete responsibility for the project.The applicant may be the owner or the individual
designated by the owner to act on his behalf.
2."Clearing and grubbing"includes,but it is not limited to,removing trees,stumps,roots,brush,structures,
abandoned utilities,trash,debris, and all other material found on or near the surface of the ground in the
construction area.
3."Grading"is the physical manipulation of the earth's surface and/or surface drainage pattern which includes
surcharging,preloading,contouring, cutting, and/or filling. Grading activities fall into two general categories:
engineered grading and regular grading.
Ordinance 21-005--Title 24 SVMC updates Page 8 of 14
4. "Land disturbing activity"results in a change in existing soil cover(vegetative or nonvegetative)or site
topography.Land disturbing activities include,but are not limited to,demolition,construction,clearing and
grubbing,grading and logging.
5. "Site"includes all the parcels included in the project.
D. 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.
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.
E. Time Limitation of Application.
1.Applications are valid for one year. One or more extensions of time may be granted for a term of not
more than 180 days.Any request for extension shall be made in writing. All permit applications regulated
by this title shall be deemed to be abandoned and become null and void if a permit is not issued within the
time limits described herein.
a.Applications that have expired subject to this section have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application.
b. For review to continue on a project for which the application has expired, a new permit
application must be submitted and a new fee paid. The application is subject to the processes and
requirements of the Spokane Valley Municipal Code as constituted at the time of the new application.The
scope of application submittal requirements and review process shall be determined by the city manager or
designee.
2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless
the work authorized by such permit is commenced within two years of issuance. One or more extension of
time may be granted for a term not more than 180 days. Any such extension shall be requested in writing.
A permit issued subject to this section shall expire and become invalid if the work authorized by the permit
is not completed within two years after the first required inspection has been made.
a.Permits that have expired subject to this section have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application acceptance.
b. When a permit expires and the work authorized by the expired permit is not completed,the
remaining work may continue only after a now permit application for the remaining work has been
submitted, approved,and new fees paid.The scope of permit review and fee amount shall be determined
by the city manager or designee. The fees shall be set to cover actual City costs for services.
c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this
section,the property owner may be subject to the immediate imposition of penalties and remedies
authorized by the Spokane Valley Municipal Code,
3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner.If the
permit applicant is not the property owner,the applicant shall be held to be an agent of, and acting on
behalf of,the property owner.
Ordinance 21-005—Title 24 SINE updates Page 9 of 14
F. Fees. Permit fees, including plan review,shall be assessed in accordance with the currently adopted Spokane
Valley master fee schedule.
G. Surety.The applicant shall post a surety in an amount determined by the City Manager or designee.Acceptable
surety instruments are cash savings assignments and letters of credit issued by a duly chartered fmancial institution.
H. Inspection.All land disturbing activities shall be subject to inspection by the City Manager or designee. For all
engineered grading permits,special inspection of grading operations and special testing shall be performed in
accordance with the provisions of SVMC 22.130.040 and the current adopted Street Standards and Chapter 22.150
SVMC and the current adopted Spokane Regional Stormwater Manual.
If, during an inspection,site conditions and/or construction of permanent items are found to not be as shown in the
permit application or approved plans, the permit may be deemed invalid.No land disturbing activity shall be
undertaken,or continued,until revised plans have been submitted and approved.
The City Manager or designee shall be notified when work authorized by a permit issued subject to 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. Hazards. If the City Manager or designee determines that any land disturbing activity has or may become a hazard
to life and limb, endanger property, cause erosion,or adversely affect drainage,the safety, use,stability of a public
way or drainage channel,the owner shall be notified in writing.The owner is responsible to mitigate the hazard
within the time specified by the City.If not corrected within the identified period,the land disturbing activity shall
be deemed to be a violation pursuant to subsection J of this section.
J. Violations. Unless exempt,any land disturbing activity performed without a permit or in violation of any
applicable code or permit condition shall be considered hazardous and a public nuisance,subject to all enforcement
actions and penalties as found in Title 17 SVMC.In addition to any penalties,the City may assess an investigation
fee for any land disturbing work conducted without a permit. The investigation fee shall be equal to and additional
to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is
subsequently issued. The fee is payable prior to the issuance of a permit and is in addition to any applicable permit
fees for required permits. Payment of the investigation fee does not vest the illegal work with any legitimacy,nor
does it establish any right to any permit for continued development of the project.
Any person,firm,or corporation violating any of the provisions of this chapter shall be subject to penalties as
provided in Title 17 SVMC.
K. Construction Stormwater Permit.The applicant shall contact the Washington Department of Ecology(Ecology)
to determine if a construction stormwater permit is required. The applicant shall comply with any Ecology
requirements, including obtaining necessary Ecology stornwater permits and the conditions of such permit.
L. Changes in the Field.Revised design information,including revised plans may be required when changes are
made to the design contemplated in the approved grading plans. Except as otherwise provided in the Street
Standards, land disturbing activities affected by such changes shall not continue until the revised plans are reviewed
and approved by the City Engineer or designee. (Ord. 09-033 § 6,2009).
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:
A. Excavations which meet all of the following:
1.Are less than three feet in height; and
2.Have slopes flatter than 2:1 (H:V); and
3. Do not exceed 50 cubic yards on any one lot;
B. Fills which meet all of the following:
Ordinance 21-005—Title 24 SVMC updates Page 10 of 14
1.Are less than two feet in height; and
2.Have slopes flatter than 2:1 (H:V);and
3.Are not intended to support structures;and
4.Do not obstruct a drainage course; and
5.Do not exceed 50 cubic yards on any one lot;
C.An excavation below finished grade for basements and footings of a building,retaining wall, or other structure
authorized by a valid building permit;provided excavation having an unsupported height greater than four feet after
the completion of such structure shall not be exempt.Use of,placement, and fill made with any material from any
such excavation shall be subject to the requirements of this chapter and shall not be exempt except as otherwise
provided herein;
D. Cemetery graves;
E. Refuse disposal sites controlled by other regulations;
F. Excavations to facilitate the septic tank elimination program;
G.Mining, quarrying,excavating,processing,stockpiling of rock,sand,gravel, aggregate,or clay,provided only
where such uses are established,authorized, and provided for by law; and provided further such operations do not
affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. This
exemption does not exempt such activities from any other applicable permit,including SEPA review;
H. Exploratory excavations under the direction of a geotechnical engineer or engineering geologists.
24.50.030 Engineered grading permits.
A. Applicability.All grading shall comply with the Washington State Environmental Policy Act, SVMC 22.130.040
and the current adopted Street Standards, Spokane Regional Stormwater Manual,and applicable stormwater permit
requirements. An engineered grading permit is required for each of the following land disturbing activities:
1. Grading in excess of 500 cubic yards;
2.Excavations with cut slopes equal to or steeper than 2:1 (H:V)and heights greater than two and one-half feet;
3.Excavations with cut slopes equal to or steeper than 10:1 (H:V)and heights greater than four feet;
4.Fill slopes equal to or steeper than 2:1 (H:V)and heights greater than two and one-half feet;
5.FiIl slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet;
6. Grading in the floodplain;
7. Grading in critical areas identified in SVMC Title 2 I;
8. Grading in a drainage channel;
9. Grading to support a building or structure of a permanent nature;
10. Grading associated with subdivisions pursuant to SVMC Title 20;
11. Grading for engineered driveways,regardless of the amount of excavation or fill required for construction;
12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area;
Ordinance 21-005—Title 24 SVMC updates Page 11 of 14
13. Grading to support other engineering works such as, but not limited to,tanks,towers,machinery,retaining
walls,and paving;or
14.Projects deemed to be a potential hazard or likely to cause major land disturbances as determined by City
Manager or designee.
B.Exemptions. An engineered grading permit is not required for the following land disturbing activities:
1. Grading work exempted per SVMC 24.50.020;
2. Grading work not meeting the requirements of subsection A of this section,subject to meeting permitting
requirements of SVMC 24.50.040 or SVMC 24.50.050.
C.Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application
are as follows:
1. Completed permit application;
2.Required plans stamped by a civil engineer licensed in the state of Washington;
3. Required reports,specifications, and supporting information prepared an.d stamped by a civil engineer or
geologist licensed in the state of Washington;
4. Plans shall demonstrate compliance with the provisions of this title,the Washington State Environmental
Policy Act, SVMC 22.130.040 and the current adopted Street Standards, Spokane Regional Stormwater
Manual,,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 Chapter 22.150 SVMC,Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of the current adopted Street Standards, and SVMC 22.130.040, 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 SVMC 22.130.040, Street Standards, Chapter 5, and/or the City Manager or designee, a
geotechnical evaluation demonstrating compliance with SVMC 22.130.040, Street Standards, Chapter 5;
7.As required by law,drainage submittal demonstrating compliance with Chapter 22.150 SVMC,Spokane
Regional Stormwater Manual Chapters 2 and 3;
8. When required by the City Manager or designee,a geotechnical site characterization(GSC)including an
adequate description of the geology of the site in accordance with the Spokane Regional Stormwater Manual
Chapter 4; and
9. SEPA checklist,if required.
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.
Ordinance 21-005—Title 24 SVMC updates Page 12 of 14
24.50.040 Regular grading permit.
A. Applicability. All grading shall comply with the Washington State Environmental Policy Act, SVMC 22.130.040
and the current adopted Street Standards, Spokane Regional Stormwater Manual,and applicable stormwater permit
requirements. 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. Work exempt under SVMC 24.50.020 or already included in an engineered grading permit.
C. Regular Grading Permit Submittal Requirements.The minimum documents required for permit application are as
follows:
I. Completed permit application;and
2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street Standards, Spokane
Regional Stormwater Manual 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 Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9,and plan
elements required in Chapter 4 of SVMC 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 each of the following land disturbing activities:
1.All grubbing and clearing activities disturbing 5,000 square feet or more of area;
2.Any clearing on slopes,wetlands, erodible soils, critical areas,etc.; or
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:
I. Commercial agriculture as regulated under RCW 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 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
Ordinance 21-005—Title 24 SVMC updates Page 13 of 14
2. Plans demonstrating compliance with Chapters 4 and 5 of 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 Chapter 22.150 SVMC,Spokane Regional Stormwater Manual Chapter 9, and plan
elements required in Chapter 4 of SVMC 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.(Ord. 09-033 §6,2009).
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause,or
phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 25th day of May, 2021.
ATTEST. ✓c
L-g
Ben Wick, Mayor
hristine Bainbridge, City Clerk
Approved as to Form:
Office o he Ci rney
Date of Publication: ci ' �7 "p�d C
Effective Date: ee - ? - , ,f
Ordinance 21-005—Title 24 SVMC updates Page 14 of 14