Chapter 12.16
GRADING1
Sections:
12.16.020 Authority of the director.
12.16.030 Grading plan required.
12.16.040 Abbreviated grading plan.
12.16.080 Changes in topography.
12.16.090 Rockeries and retaining structures.
12.16.010 Purpose.
This chapter sets forth the minimum standards that shall apply to grading activities as described in Section 12.10.030. For circumstances not specifically addressed in this chapter or in the Stormwater Design Manual, the provisions of the International Building Code, as currently in effect and adopted in Title 14, shall apply.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 22, 2009)
12.16.020 Authority of the director.
The director is the designated agent for the issuance of site development activity permits for grading, and shall have the authority to prepare administrative procedures to carry out the purposes and intent of this chapter.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 23, 2009: Ord. 199 (1996) § 6.05, 1996. Formerly 12.16.010)
12.16.030 Grading plan required.
Grading projects meeting the criteria of Section 12.10.060 shall be required to have an approved engineered grading plan.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 24, 2009: Ord. 199 (1996) § 6.10, 1996. Formerly 12.16.020)
12.16.040 Abbreviated grading plan.
Grading projects meeting the definition of a minor development will require an approved abbreviated grading plan in lieu of an engineered grading plan.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 25, 2009: Ord. 199 (1996) § 6.11, 1996. Formerly 12.16.030)
12.16.050 Drainage.
(a) All grading activities, whether a permit is required or not, shall conform to the requirements of this title concerning storm water management.
(b) Where required by the director, all discharge of runoff from the project site shall be of like quality, flow rate and velocity as that which flowed from the project site prior to the work for which the site development activity permit has been issued.
(c) Storm water flows shall be accepted onto, and shall be discharged from, a project site at the natural or otherwise legally existing locations.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 26, 2009: Ord. 199 (1996) § 6.13, 1996)
12.16.060 Hazards.
Whenever the director determines that an existing excavation, embankment or fill on private property has become a hazard to public safety, endangers property, or adversely affects the safety, use or stability of a public way, critical drainage area, or drainage channel, such conditions shall become a violation of this title.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 27, 2009: Ord. 199 (1996) § 6.15, 1996. Formerly 12.16.070)
12.16.070 Permit exemptions.
The following grading activities shall not require the issuance of a site development activity permit, so long as there is less than one acre of land disturbing activity:
(1) Excavation for utilities, or for wells or tunnels allowed under separate permit by other agencies;
(2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt the placement of any fill material removed from such an excavation, and shall not exempt any excavation beyond the limits of the basement or footing excavations nor exempt excavations having an unsupported height greater than five feet after the completion of such a structure;
(3) Agricultural crop management outside of critical drainage areas limited to the preparation of soil by turning, discing or other means endorsed by the Kitsap County conservation district;
(4) Excavation for cemetery graves;
(5) Landscape installation where fill is confined to less than one foot of topsoil and land disturbing activities are limited to less than three-fourths acre;
(6) The disposal of solid waste, wood waste, problem waste and demolition waste authorized pursuant to Chapter 70.95 RCW, and regulations presently enacted or as may be amended or as specifically approved by the Kitsap County health district;
(7) Mining, quarrying, excavating, processing and/or stockpiling of rock, sand, gravel, aggregate or clay where established and provided by law, and a permit for said activity has been issued by the state of Washington or the federal government, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous land and the activities meet the minimum requirements of this title;
(8) Exploratory excavations under the direction of a qualified professional engineer;
(9) Grading activities already approved by separate permit granted by any governing authority; provided, that the activities meet the minimum requirements of this title;
(10) Emergency sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property;
(11) Maintenance activities within public rights-of-way performed by Kitsap County personnel. However, exemption from the site development activity permit does not constitute an exemption from the other requirements of this title.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 28, 2009: Ord. 199 (1996) § 6.20, 1996. Formerly 12.16.090)
12.16.080 Changes in topography.
(a) The maximum surface gradient on any artificially created slope shall be two feet of horizontal run to one foot of vertical fall (2:1). This gradient may be increased to that gradient which can be demonstrated through engineering calculations to be stable, if, in the opinion of the director, it has been demonstrated by the applicant through engineering calculations performed by a qualified professional engineer that surface erosion can be controlled to that erosion rate equal to a properly stabilized 2:1 slope under the same conditions.
(b) The applicant shall, at all times, protect adjacent private properties and public rights-of-way or easements from damage occurring during grading operations. The applicant shall restore public improvements damaged by his/her operations.
(c) The applicant shall be responsible for obtaining and coordinating all required state or federal permits associated with the filling of wetlands or other regulated activities.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 29, 2009; Ord. 199 (1996) § 6.30, 1996. Formerly 12.16.100)
12.16.090 Rockeries and retaining structures.
Any rockery or other retaining structure greater than four feet in height, as measured from the base of the wall and not the ground surface, shall be permitted under a separate building permit.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 30, 2009: Ord. 199 (1996) § 6.40, 1996. Formerly 12.16.110)
12.16.100 Maintenance.
It shall be the responsibility of the applicant to maintain all erosion control and drainage facilities in good operating condition at all times.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 31, 2009: Ord. 199 (1996) § 6.50, 1996. Formerly 12.16.120)
12.16.110 Progress of work.
All work permitted under this title shall proceed continuously to completion in an expeditious manner unless otherwise authorized by the director, with the intent that work may be halted due to weather conditions or the need to coordinate other construction on the project site. Site development activity permits, issued for grading only, shall expire six months after issuance.
(Ord. 441 (2009) § 2 (part), 2009; Ord. 433 (2009) § 32, 2009; Ord. 199 (1996) § 6.60, 1996. Formerly 12.16.130)
12.16.140 (Repealed)*
* Editor’s Note: Former Section 12.16.140, “Expiration of existing grading permits,” was repealed by Ordinance 433 (2009). Section 6.70 of Ordinance 199 (1996) was formerly codified in this section.
Editor’s Note: Former Sections 12.16.040, “Erosion and sedimentation control,” 12.16.060, “Minimum grading standards,” 12.16.080, “Additional review,” and 12.16.140, “Expiration of existing grading permits,” were repealed by Ordinance 433 (2009). Sections 6.12, 6.14, 6.16 and 6.70 of Ordinance 199 (1996) were formerly codified in these sections.