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Ordinance 04-016 Establishes 9.05 of UDC Clearing & Grading CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 04-016 AN ORDiNANNCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING 9.05 OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE CLEARING AND GRADING; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON- COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, regulating Excavation, Fill and Grading activities is one of those responsibilities; and. WHEREAS, the Spokane Valley Uniform Development Code has been designated as the document intended to contain development regulations for the City; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Section 9.05. of the Spokane Valley Uniform Development Code is hereby established to read as follows: Section 9.05. Excavation,Fill and Grading Section 9.05.01. Purpose a. General. The purpose of this chapter is to safeguard health, safety and welfare by regulating grading and excavation, including fills and embankments, on public and private property located within the City of Spokane Valley, Washington and to establish procedures for the issuance of permits; approval of plans and inspection of grading construction. h. Enforcement. The Building Official is hereby authorized and directed to enforce the provisions of this section. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code or any other county, state or federal law or ordinance. c. Liability. The Building Official, or City of Spokane Valley employee charged with the enforcement of this section, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this section or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this section. Ordinance 04-016 Grading Page 1 of I 1 d. Appeal. An appeal of any decision made by the Spokane Valley Building Official shall be pursuant to Article ill, Section 1.20.39. Spokane Valley Uniform Development Code. 9.05.02 Permit Required Except as specified in Section 9.05.03 of this section, no person shall do any grading without first having obtained a Spokane Valley Grading Permit from the building official. All grading within the City of Spokane Valley shall comply with the Washington State Environmental Policy Act. 9.05.03 Exempted Work When approved by the Building Official, 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 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 sq 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 5 feet(1524 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. 10. An excavation that (1) is less than 2 feet in depth or(2) does not create a cut slope greater than 5 feet in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope). 11. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope). Less than 3 feet in depth, not intended to support structures that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. This exemption includes landscape berms if the plot plan indicates a no build zone where a specific berm is located and no slope is created greater than 1 unit vertical in 1 ''A units horizontal (66.7% slope) not more than five feet(5') in height and there is no danger to private or public property. 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. Section 9.05.04. Testing. The standards listed below are, for the purpose of this Code, recognized standards: 1. ASTM D 1557, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 2. ASTM D 1556, Test Method for Density and Unit Weight of Soil In Place by the Sand-Cone Method Ordinance 04-016 Grading Page 2 of I I 3. ASTM D 2167, Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method 4. ASTM D 2937,Test Method for Density of Soil In Place by the Drive-Cylinder Method 5. ASTM D 2922, Test Methods for Density of Soil and Soil-Aggregate In Place by Nuclear Methods(Shallow Depth) 6. ASTM D 3017, Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) 7. ASTM D 698, Moisture-density Relations of Soils and Soil Aggregate Mixtures. 8. ASTM D 2488, Practice for Description and Identification of Soils(Visual-Manual Procedure). 9. ASTM D 2487, Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System) Section 9.05.05. HAZARDS a Whenever the Building Official determines that 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 or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment. b Work that is done without a Grading Permit, if such permit would have been required, shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in the Spokane Valley Uniform Development Code Section 1.20. Section 9.05.06 DEFINITIONS For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section. APPROVAL, shall mean that the proposed work or completed work conforms to this chapter in the opinion of the building official. AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from either an on or off-site location for use in grading on a site. BUILDING OFFICIAL is the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COMPACTION is the densification of a fill by mechanical means. CIUTICAL AREAS. Defined within WAC 365-195-410 to include: (a) Wetlands; (b)Areas of critical recharging effect on aquifers used for potable water; (c)Fish and wildlife habitat conservation areas; (d)Frequently flooded areas; and (e)Geologically hazardous areas. Ordinance 04-016 Grading Page 3 of 11 EARTH MATERIAL is any rock, natural soil or fill or any combination thereof. ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface due to movement of wind, water or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GRADE is the vertical location of the ground surface. 1. Existing Grade is the grade prior to grading. 2. Finish Grade is the final grade of the site that conforms to the approved plan. 3. Rough Grade is the stage at which the grade approximately conforms to the approved plan. GRADING is any excavating or filling or combination thereof. KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. ORGANIC MATERIAL is material derived from living things. PROFESSIONAL ENGINEER is an engineer licensed in Washington under Chapter 18.43 RCW who is qualified by examination andlor experience to practice in the fields of civil, geotechnical and/or soils engineering. PROFESSIONAL GEOLOGIST is a geologist experienced and knowledgeable in engineering geology and licensed by the state of Washington to practice. PROFESSIONAL INSPECTION is the observation and testing to determine conformance with project plans and specifications required by this code performed by a professional engineer andlor professional geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. SEPA Washington State Environmental Policy Act. SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is a ratio of vertical distance to horizontal distance,expressed as a percentage. SOIL is a natural aggregate of mineral grains that can be separated by such gentle mechanical means as agitation in water. SPOILS are any materials removed from an excavation. Spoils are not precluded from re-use in fills. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Section 9.05.07 GRADING PERMIT REQUIREMENTS 1. Permits Required. A separate permit shall be obtained for each site, and may cover both excavations and fills. 2. Work Without a Permit. Grading commenced without first obtaining a Grading Permit from the Building Official, unless exempt pursuant to Section 3.02 of this code, is subject to all penalties described in Section 1.20.39. of the Spokane Valley Uniform Development Code Article Ill including the assessment of an investigative fee for the portion of the work accomplished without a permit pursuant to Section 3.02.08.1 of the Spokane Valley Uniform Development Code, based on the value of the work accomplished illegally. The fee is payable Ordinance 04-016 Grading Page 4 of 1 I 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. Application. The provisions of IBC Section 106 are applicable, as appropriate, to a Grading Permit Application. Additionally, the permit applicant shall note the estimated quantities of work involved on the Spokane Valley Grading Permit Application. 4. Grading Designation. Grading in excess of 500 cubic yards shall be performed in accordance with the approved grading plan prepared by a professional engineer or professional geologist licensed to practice in the state of Washington, and shall be designated as "engineered grading." Grading being proposed in areas identified within Spokane Valley as "Critical Areas" that require a Washington licensed design professional to prepare grading plans shall qualify as engineered grading. Grading involving less than 500 cubic yards shall be designated "regular grading" unless permitee elects "engineered grading", or the submitted plans arc prepared by an 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. Section 9.05.08 Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and/or an engineering geology report. The plans and specifications shall be prepared, signed and sealed by a professional engineer professional geologist or professional land surveyor licensed by the state of Washington. That individual shall be considered the registered design professional in responsible charge. 1. Specifications. Specifications shall contain information covering construction and material requirements. 2. Plans. Plans shall be dimensioned, drawn upon suitable material and drawn with sufficient clarity to illustrate the nature and extent of the proposed work and shall include the following: a. General vicinity 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. A design criterion is a 100 year event. e. 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. 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. A SEPA form shall be submitted, along with all other plans to complete an application. h. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports and their professional stamp and/or seal. Ordinance 04-016 Grading I'age 5 of 11 Section 9.05.09 Residential Subdivision Grading. 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 9.05.07. 1. Details of subdivision construction to mitigate the effects of storm water and irrigation run off for all lots and areas of the subdivision. Specific site construction requirements to mitigate collection of water in crawlspaees and basements shall be provided. 2. Final location of all grading construction spoils. If spoils are placed on building lots, 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 lots arc 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 1500 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 crawl space 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 males or drainage devices to manage storm water and landscape irrigation runoff. Section 9.05.10 Ponds, Water Features and Man-made Lakes. All ponds, water features and man- made lakes greater than 500 sq. ft. in surface area shall be engineered grading. Plans and specifications for ponds, water features and man-made lakes greater than 500 sq. ft. in surface area shall contain the following details in addition to the general information required under 9.05.07: 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 state of Washington Department of Ecolo ' (DOE). Indicate classification and status with respect to DOE dam safety regulations (Chapter 173-175)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. Section 9.05.11 Private Driveways. 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 in addition to the general information required under 9.05.07 are: Ordinance 04-016 Grading Page 6 of 11 • 1. Dimensions. Unobstructed width of 20 feet and an unobstructed height of 13 ft 6 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 equal to or exceeding a 10% slope are required to have those areas of the driveway that equal or exceed a 10% slope paved with a hard, non slip, water repellant surface, such as asphalt or Portland cement concrete. Section 9.05.12 Soils Engineering Report. 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. Section 9.05.13 Engineering Geology Report.The engineering geology report shall include an adequate description of the geology of 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. Section 9.05.14 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. Section 9.05.14.1 CUTS and EXCAVATION 1. General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. 2. Slope. The slope of cut surfaces shall he no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes steeper than 50% shall require an Engineered Grading Permit. Section 9.05.14.2 FILLS 1. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. 2. Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes arc steeper than l unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet, an Engineered Grading shall be required. Ordinance 04-016 Grading Pagc 7 of 11 • • 3. Fill Material. 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. 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. 4. Compaction.All fills shall be compacted to a minimum of 90 percent of maximum density. Section 9.05.14.3. SETBACKS 1. General. Unless otherwise recommended in the approved soils engineering report, cut and fill slopes shall be set back from site boundaries in accordance with this section. 2. Top of Cut Slope. 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 2 feet. 3. Toe of Fill Slope. 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 2 feet with no required set back 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 may include but are not limited to: a. Additional setbacks. b. Provision for retaining or slough walls. c. Mechanical or chemical treatment of the fill slope surface to minimize erosion. d. Provisions for the control of surface waters. e. Consultation with a professional engineer. 4. Modification of Slope Location. 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. Section 9.05.14.4. DRAINAGE AND TERRACING I. General. 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 1 unit vertical in 3 units horizontal (36.3%slope). 2. Terrace. Terraces at least 8 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. 3. Drainage. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete or gunite not less than 3 inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 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. 4. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 5. Interceptor Drains. 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 Ordinance 04-016 Grading Page 8 of 11 • measured horizontally. Interceptor drains shall be paved with a minimum of 3 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. 6. Disposal. All drainage facilities shall he 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. 7. Building Pads. 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 6 inches within the first 10 feet. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches of fall within 10 feet, drains or swales shall be provided to ensure drainage away from the structure. Section 9.05.15 EROSION CONTROL 1. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted. 2. Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. 3. Other Requirements. The issuance of a Grading Permit does not obviate or reduce Federal EPA, Spokane County Air Pollution Control Authority or Washington Department of Ecology regulations for controlling pollution or erosion by the applicant, the contractor or the property owner. 4. Issuance. The Building Official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued. The Building Official 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. Section 9.05.16 GRADING FEES 1. General. Fees shall be assessed in accordance with a resolution approved by the Spokane Valley City Council. 2. Plan Review Fees. 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. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee will be based on the volume of excavation or fill, whichever is greater. 3. Grading Permit Fees. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. Section 9.05.17 GRADING INSPECTION 1. General. Grading operations for which a permit is required shall be subject to inspection by the Building Official. Ordinance 04-016 Grading Pagc 9 of 11 • 2. Professional inspection. Professional observation and testing to determine conformance with project plans and specifications of grading operations shall be provided by professional engineer and/or the professional geologist retained to provide such services in accordance with Section 6.4 for engineered grading and as required by the building official for regular grading. That individual shall be the registered design professional in responsible charge. 3. Professional Engineer. 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 official for review and approval prior to any revised work commencing. 4. Professional geologist. 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. 5. Permitee.The permitee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permitee shall engage consultants, if required, to provide professional inspections on a timely basis. The permitee shall act as a coordinator between the consultants, the contractor and the Building Official. In the event of changed conditions, the permitee shall be responsible for informing the building official of such change and shall provide revised plans for approval prior to any revised work commencing. 6. Building Official.The Building Official shall inspect the project anchor the inspection documents at the various stages of work requiring approval to determine that the project is within the requirements of this code. 7. Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, 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 permitee and to the building official. 8. Transfer of Responsibility. 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 permitee to notify the building official in writing of such change prior to the recommencement of such grading. Section 9.05.18 COMPLETION OF WORK 1. Final Reports. 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 a final report. Those plans and reports shall indicate: a. All grading work was done in conformance with the approved plans. b. All discrepancies encountered with the approved plans and resolutions of those discrepancies. Ordinance 04-016 Grading Page 10 of 1 c. All plans and reports shall bear the stamp or seal of the licensed professional preparing the report. 2. Notification of Completion. The permitee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all 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 Spokane Valley. 3. Violations. Any work done in violation of any of the provisions of Article 111, Spokane Valley Uniform Development Code that continues to remain in violation is declared to be a public nuisance. Article I, Section 1.20, Spokane Valley Uniform Development Code is specifically cited to address those continued, unresolved violations. Section 9.05.19 Reserved. Section 2. Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. Section 3. Effective date. This ordinance shall be in full force and effect five (5) clays after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this 27th day of April, 2004. C- ♦ Michael DeVleming, Mayor ./ A -.at r /• C-h�istine Bainbridge, City Clerk Ap)roved as to forth. _ , / , -/ /. Cary P/ ris-ell, Deput .Gty Attorney / Date of publication:, 7 'U_7 Effective date: --/? -dr Ordinance 04-016 Grading Page 11 of 11