ORD 16-003 ORDINANCE NO . 16- 003
AN ORDINANCE adopting a new Chapter 15 . 50 of the Camas
Municipal Code , relating to the permitting of clearing and grading
activity.
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section I
A new Chapter 15 . 50 of the Camas Municipal Code, entitled, CMC 15 . 50 : Clearing and
Grading, is hereby adopted, as set forth in Exhibit "A" , attached hereto and by this reference
incorporated herein.
Section II
This ordinance shall take force and be in effect five (5 ) days from and after its publication
according to law.
sL
PASSED BY the Council and APPROVED by the Mayor s �. day of March, 2016 .
SIGNED : j
� " 4ayor
SIGNED :
Clerk
APPRr\OO/VED as to fo
City Attorney
Exhibit A
Chapter 15 . 50 Clearing and Grading
15 . 50 . 010 Purpose
15 . 50 . 020 Applicability
15 . 50. 030 Review Threshold Established
15 . 50 . 040 Clearing and Grading Activity Requiring Approval — Permit Required
15 . 50 . 050 Exemptions
15 . 50 . 060 Authority
15 .50 . 070 Relationship to Other Codes , Regulations and Practices
15. 50 . 080 Submittal Requirements
15 . 50 . 090 Clearing and Grading Standards
15 . 50. 100 Cut and Fill slopes
15 . 50 . 110 Rockeries
15 . 50 . 120 Control of Other Pollutants
15 . 50 . 130 Conditions of Approval/Project Denial
15 .50 . 140 Expiration of Applications and Permits
15. 50 . 150 Inspections
15 . 50 . 160 Appeal
15 . 50 . 170 Permit Required
15 . 50. 180 As-Built Plans
15 . 50 . 190 Final Approval
15 . 50 . 010 Purpose
A . To promote the public health, safety, and general welfare of the citizens and protect
public and private resources of the City of Camas without preventing the reasonable
use, development, and maintenance of land.
B . To avoid or minimize impacts of clearing and grading, as a component of land
disturbance activities . .
C . To encourage site development on private property, including clearing, excavation,
and filling in such a manner as to minimize hazards to life, health, and property .
D . To preserve and enhance the physical and aesthetic character of Camas by preventing
untimely and indiscriminate removal or destruction of trees and ground cover .
E . To preserve, replace, or enhance the natural qualities of lands, watercourses , and
aquatic resources ; preserve and protect priority fish and wildlife habitats ; minimize
water quality degradation and the sedimentation of creeks , streams, ponds , lakes ,
wetlands , marine waters , and other water bodies ; and preserve and enhance beneficial
uses .
1
F . To minimize surface runoff and diversion which may contribute to flooding .
G . To reduce siltation in streams , lakes , storm sewer systems, and public roadside
improvements .
H . To reduce the risk of slides and the creation of unstable building sites .
I . To promote building and site planning practices that are consistent with the natural
topography, soils , and vegetation features while at the same time recognizing that
certain factors such as disease, danger or fallings , proximity to existing and proposed
structures and improvements, interference with utility services, protection of scenic
views , and the realization of a reasonable enjoyment of property may require the
removal of certain trees and ground cover.
J . To ensure prompt development, restoration, and replanting and effective erosion
control of property after tree removal and/or land clearing and grading .
K. To implement the goals and policies of the City of Camas Comprehensive Plan.
L . To promote low impact development, site planning, and building practices that
provide for managing surface water runoff on- site and are consistent with the natural
topography, vegetation cover, and hydrology .
M . It is also the purpose of this code to establish a review process for larger, potentially
more impactful land disturbing projects to ensure these regulations are met .
15 . 50 . 020 Applicability
All clearing and grading activities within the City of Camas shall be subject to the
provisions of this chapter . No clearing and grading approval shall be issued by the City
of Camas prior to the applicant' s meeting the submittal requirements as setforth in these
regulations and only when in compliance with federal, state, and local regulations .
15 . 50 . 030 Review Threshold Established
The City of Camas has determined that there is a threshold of clearing and grading
activity where the likelihood of impact to land and resources is sufficiently high to
require permit review and approval of the activity by the City Engineer or designee .
Threshold criteria contained in CMC 15 . 50 . 040 and CMC 15 . 50 . 050 shall be applied.
15 . 50 . 040 Clearing and Grading Activity Requiring Approval — Permit Required
Clearing and grading approval is required for any project involving any of the following :
2
A. Any clearing , filling, excavation, or grading in a protected area, critical area, or
critical area buffer.
B . Clearing and grading of an area of 7, 000 square feet or greater .
C . Fill and/or excavation of five-hundred (500) cubic yards or more, even if excavated
material is used as fill on the same site . [Quantities of fill and excavation are
separately calculated and then added together, even if excavated material is used as
fill in the same site . ]
D . Clearing and grading that will likely penetrate the ground water table, including
construction of ponds and reservoirs .
E . An excavation or fill which is more than four (4) feet in depth or which creates cut
slope greater than four (4) feet in height and steeper than two units horizontal in one
unit vertical (2 : 1 ) .
F . Any regrading or paving of an area used for stormwater retention or detention or as
an existing drainage course .
G. Retaining walls over four (4) feet in height as measured from the bottom of the base
rock or block, or as identified by an engineer as having loads under 4 ' .
15 . 50 . 050 Exemptions
A. Forest practices regulated under RCW 79 . 09 are not governed by this ordinance .
Activities involving conversion of land to uses other than commercial timber
production are subject to the clearing and grading or land disturbance regulations of
this chapter.
B . Clearing and grading approval is not required for any of the following activities ,
provided that such clearing and grading activities are conducted in accordance with
the minimum requirements contained in this chapter :
1 . Activities needed to place building foundations and retaining walls requiring an
approval when in compliance with the Washington State Building Code . The
state Building code is the International Building Code with amendments adopted
by Washington State ,
2 . Land clearing, grading, filling, sandbagging, diking, ditching or similar work
during or after periods of extreme weather or other emergency conditions which
have created situations such as toxic releases, flooding, or high fire danger that
present an immediate danger to life or property.
3 . Digging of individual graves in a permitted graveyard.
3
4 . Refuse disposal sites controlled by other regulations .
5 . Mining, quarrying, excavation, 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 .
6 . Agricultural crop management of existing and ongoing farmed areas as defined
per RCW 84 . 34 . 020 .
7 . Routine drainage maintenance of existing, constructed stormwater drainage
facilities located outside of a protected area, including, but not limited to ,
detention/retention ponds, wetponds , sediment ponds , constructed drainage
swales , road side ditches , water quality treatment facilities , such as filtration
systems , and regional storm facilities that are necessary to preserve the water
quality treatment and flow control function of the facility . The exemption does
not apply to any expansion and/or modification to already excavated and
constructed stormwater drainage facilities .
8 . Roadway repairs and overlay within public street rights-of-way for the purpose of
maintaining the pavement on existing paved roadways .
9 . Utility line installation or maintenance completed in accordance with other
provisions of the Camas Municipal Code and Engineering Design Standards .
10 . The removal of dead, diseased or damaged trees which constitute a hazard to life
or property as determined by a certified arborist or landscape architect.
11 . Routine maintenance of golf courses .
C . An exemption from a Clearing and Grading Permit does not exempt the person doing
the work from meeting all the applicable codes of the City of Camas .
15 . 50 . 060 Authority
A. As provided herein, the Public Works Director (director) is given the authority to
interpret and apply, and the responsibility to enforce this chapter to accomplish the
stated purpose .
B . The director may withhold, condition, or deny permits or activity approvals to ensure
that the proposed action is consistent with this chapter .
15 . 50 . 070 Relationship to Other Codes , Regulations and Practices
A . These clearing and grading regulations shall apply in addition to zoning and other
regulations adopted by the City of Camas .
4
B . In order to be in compliance with the provisions of this chapter, the applicant shall
comply with the applicable engineering standards approved by the director. In
addition, the applicant shall comply with those minimum requirements as set forth in
the latest edition of the Department of Ecology ' s Stormwater Management Manual
for western Washington, or an approved, equivalent manual .
C . Compliance with the provisions of this chapter does not constitute compliance with
other federal, state, and local regulations and permit requirements that may be
required. The responsibility for determining the existence and application of these
requirements rests solely with the applicant.
15 . 50 . 080 Submittal Requirements
A. An application for a Clearing and Grading Permit shall be submitted on a form
provided by the City . Accompanying such form shall be a general plot plan, which
shall minimally include the following information :
1 . General vicinity map .
2 . A site plan, drawn to scale that includes streets , proposed access , existing and
proposed structures , existing and proposed topography, extent and location of
proposed clearing and grading activities , major physical features of the property
(e . g . , streams , ravines, etc . ) and sensitive or critical areas on or near the site(
within 300 feet) , drainage channels , surface water flows from offsite, sewer and
water lines (if possible) , and existing and proposed easements .
3 . Location and dimensions of buffer areas to be maintained or established, and
location and description of proposed erosion- control devices or structures .
4 . Location of all significant trees (as defined by the Camas Municipal Code) and
identification of type and size . Designation of those trees to be removed and
those to be protected .
5 . Identification of areas to be revegetated and/or restored . Provide plant types and
methods .
6 . Address the Clearing and Grading Standards of CMC 15 . 50 . 090 .
7 . As determined at the discretion of the Director, other information as deemed
appropriate to this chapter may be required in instances related to geological
hazard, shoreline protection, stream protection, tree protection and replacement,
or project scope .
8 . If the grading involves 500 or more cubic yards , a SEPA ( State Environmental
Policy Act) review shall be required as per CMC 16 . 07 . 020 (A) (5 ) . .
5
9 . Grading in excess of 100 cubic yards shall be performed in accordance with an
approved erosion control and drainage plan prepared by a licensed professional
engineer or certified erosion control specialist in the State of Washington. An
erosion control plan shall address erosion and sedimentation.
B . Upon receipt of a clearing and grading application, the director or his/her designee
will confer with other city personnel as may be appropriate, and make a decision
generally within 45 days of submission of an application, fee and all necessary
information.
C . Approved plans shall not be amended without authorization of the director or his/her
designee . The permit may be suspended or revoked by the director because of
incorrect information supplied or any violation of the provisions of this chapter.
D . An application penalty fee triple that of the adopted Clearing and Grading permit fee
shall be assessed for any clearing or grading conducted prior to issuance of a Clearing
and Grading Permit, or for clearing and grading activities outside of areas previously
approved, for such activities .
15 .50. 090 Clearing and Grading Standards
The purpose of this section is to provide general standards for all clearing and grading
activities undertaken within the City of Camas . This section is intended to apply to all
clearing and grading activities including both activities that do and do not require formal
approval by the City .
A. Minimize Potential Impacts : All clearing and grading activities shall be
conducted so as to minimize potential adverse effects of these activities on surface
water quality and quantity, groundwater recharge, fish and wildlife habitat,
adjacent properties , and downstream drainage channels . The permittee shall
attempt to prevent impacts and minimize the clearing of naturally occurring
vegetation, retain existing soils, and maintain the existing natural hydrological
functions of the site .
a. If working on a phased project, clearing and grading activities must be
confined to the particular phase of the project in which full civil
improvements are being constructed . Future phases may not be cleared or
graded to assist the contractor in balancing the overall site .
B . Mark Clearing and Grading and Land Disturbance Limits : Prior to commencing
activity, the applicant shall establish and mark on- site clearing and grading limits and
other critical site features as appropriate with orange construction fence or other
means approved by the City .
C . Natural features and Vegetation Retention : Wherever possible, vegetation, drainage,
and other natural features of the site shall be preserved, and the grading and clearing
6
shall be performed in a manner that minimizes impacts resulting from building, road,
and utility footprints . Groundcover and tree disturbance shall be minimized, and root
zones shall be protected.
D . No ground cover or trees located within a required critical area or its established
buffer shall be removed, nor shall any mechanical equipment operate in such areas ,
provided that conditions deemed by the director to be a public nuisance may be
removed .
E . Aesthetics : Land disturbance activity undertaken in such a manner so as to preserve
and enhance the City of Camas aesthetic character . Important landscape
characteristics that define the aesthetic character, such as large trees (over 8 inches
dbh) , important vegetative species, and unique landforms or other natural features
shall be preserved to the extent practicable .
F . Site Containment : Erosion, sediment, and other impacts resulting from any clearing
and grading activity shall be contained on site . Containment of such impacts may
require temporary erosion/sedimentation control measures during and immediately
following clearing and grading activities . The faces of slopes shall be prepared and
maintained to control erosion. Check dams, riprap , plantings , terraces , diversion
ditches , sedimentation ponds, straw wattles , or other devices or methods shall be
employed where necessary to control erosion and provide safety . Devices or
procedures for erosion protection shall be initiated or installed as soon as possible
during grading operations and shall be maintained in operable condition by the owner.
G. Protection of Adjacent Properties : Adjacent properties , storm drain inlets, and the
downstream natural and built drainage system shall be protected from sediment
deposition and erosion by appropriate use of BMPs such as vegetative buffer strips,
sediment barriers or filters , dikes or mulching, or by a combination of soil
stabilization measures . If protection is inadequate and deposition occurs on the
adjacent property, public right-of-way, or drainage system, the permittee shall
immediately remove the deposited sediment and restore the effected area to its
original condition. Downstream properties and waterways shall be protected from
erosion and sedimentation during construction due to temporary increases in the
volume, velocity, and peak flow rate of runoff from the site by use and
implementation of sediment ponds , or other acceptable methods to the City Engineer.
H . Construction Access : Construction vehicle access shall be, whenever feasible,
limited to one route . A temporary access road shall be provided at all sites . Access
surfaces shall be stabilized to minimize the tracking of sediment onto adjacent roads
by utilizing appropriate BMPs . Other measures may be required at the discretion of
the director in order to ensue that sedimentation is not tracked onto public streets by
construction vehicles , or washed into storm drains . Sediment deposited on the paved
right- of-way shall be removed in a manner that prevents it from entering the drainage
system .
7
I . Stabilization of Disturbed Areas : All exposed soil shall be stabilized by application of
suitable BMPs and soil stabilization measures , including but not limited to sod or
other vegetation, plastic covering, mulching, or application of base course (s) on areas
to be paved . All BMPs shall be selected, designed and maintained consistent with the
Camas Design Standards Manual . From October 1 through July 5th, no unworked
soils shall remain exposed for more than two days . From July 6th through September
30 , no unworked soil shall remain exposed for more than seven days . The City may
permit extension of these times or require reduction of these times, including shutting
down all clearing and grading activities based on current or projected weather
conditions with prior approval of the director .
J. Dust Suppression : Dust from clearing, grading, and other construction activities shall
be minimized at all times . Impervious surfaces on or near the construction area shall
be swept, vacuumed, or otherwise maintained to suppress dust entrainment . Any dust
suppressants used shall be approved by the director. Petrochemical dust suppressants
are prohibited. Watering the site to suppress dust may be prohibited, unless it can be
done in a way that keeps sediment out of the drainage system .
K. Erosion and Sediment Control : The property owner shall design and implement
erosion and sediment control BMPs appropriate to the scale of the project and
necessary to prevent sediment from leaving the project site .
1 . In addition to the measures in this title and other referenced ordinances and
manuals, the director may impose the following additional measures, as
appropriate for the project.
a. Performance monitoring to determine compliance with water quality
standards .
b . Funding additional city inspection time, up to a full-time inspector.
c . Stopping work to control erosion and sedimentation.
d . Construction of additional siltation/sedimentation ponds .
e . Establishment a series of sediment tanks or temporary filter vaults .
£ Installation of high quality catch basin inserts to filter runoff.
g . Use of erosion control blankets, nets , or mats in addition to or in conjunction
with straw mulch.
h. Temporary on- site stormwater conveyance systems designed, constructed, and
stabilized to prevent erosion from leaving the site and impacting properties ,
streams , wetlands downstream of the clearing and grading activity .
Stabilization measures shall be provided that comply with local BMPs at
stormwater conveyance system outlets to prevent erosion of outlets , adjacent
streambanks , slopes , and downstream reaches or properties .
i . If the initially implemented erosion and sediment BMPs do not adequately
control erosion and sedimentation, additional BPMs shall be installed,
including but not limited to the extraordinary BMPs described in subsection
( 1 ) of this section. It is the permittee ' s responsibility to ensure sediment does
8
not leave the site in an amount that would violate applicable state, or local
water quality standard(s) .
2 . The timing/sequencing requirements for implementing/removing erosion and
sediment control measures are as follows :
a. The permittee must install the temporary erosion control prior to all other
clearing, grading, or construction.
b . The permittee must remove all temporary erosion and sediment control
within thirty (30) days after final site stabilization or after control is no longer
needed, per agreement with the director. Before removing such controls , the
permittee must remove trapped sediment or stabilize on site . Any soils
disturbed during sediment removal must be permanently stabilized by the
permittee .
15 . 50 . 100 Cut and Fill slopes
Cut and fill slopes shall be designed and constructed in a manner that will minimize
erosion. In addition, slopes shall be stabilized in accordance with the requirements of this
section. The applicant/permittee shall :
A . Submit a geotechnical report, when required pursuant to CMC 16 . 59 or otherwise
under the Camas Municipal Code .
B . Minimize clearing and grading on slopes fifteen ( 15) percent or greater .
C . Comply with any required critical areas report approval pursuant to CMC 16 . 59 .
D . Limit the maximum gradient of artificial slopes to no steeper than 2 : 1 [two (2) feet of
horizontal run to one ( 1 ) foot of vertical fall] .
E . Do no clearing, excavation, stockpiling, or filling on the potential slide block of an
unstable or potentially unstable slope unless it is demonstrated by a geotechnical
engineer of record and approved by the director, that the activity would not increase
the load, drainage, or erosion on the slope .
F . Do no clearing, excavation, stockpiling, or filling on any unstable or potentially
unstable areas (such as landslide deposits) unless it is demonstrated that the activity
would not increase the risk of damage to adjacent property or natural resources or
injury to persons .
G. Intercept any groundwater, subsurface water, or surface water drainage encountered
on a cut slope and discharge it at a location approved by the City Engineer .
H . Follow the procedures and standards in the clearing and grading development
standards related to slopes .
9
I . Design and protect cut and fill slopes to minimize erosion.
15 . 50 . 110 Rockeries
Rockeries may be used for erosion protection of cut or fill slopes for both larger land
developments such as land divisions or for construction on individual lots The primary
function of a rockery is to protect the slope face from soil erosion and sloughing .
A. Retaining walls used to protect uncontrolled fill slopes may be no higher than four (4)
feet, as measured from the bottom of the base rock.
B . Rockeries used to protect cut slopes or reinforced or engineered fill slopes may be up
to a maximum height of twelve ( 12) feet, as measured from the bottom of the base
rock, with the approval of the City . Any rockery that is over four (4) feet high, as
measured from the bottom of the base rock (cut slopes and reinforced and engineered
fill slopes only) shall be designed and stamped by a geotechnical engineer.
C . A wall drain must be provided for all rockeries greater than four (4) feet in height as
measured from the bottom of the base rock. The drains shall be installed in
accordance with City building and engineering standards .
D . If a rockery is within a required yard setback, the height and location requirements of
CMC 18 . 17 . 060 shall be applicable .
E . The geotechnical engineer shall provide construction monitoring and/or testing as
required by the permit conditions , and submit construction inspection reports to the
city for all rockeries that require design by a geotechnical engineer. For each project,
or phase of a project, the geotechnical engineer must provide a final letter or report
summarizing the results of the construction monitoring for each rockery, verifying
that the rockery construction meets the geotechnical recommendations and design
guideline . The final letter or report must be submitted to the city prior to final
clearing and grading inspection.
F . Rockeries reviewed and approved concurrent and associated with a building permit
for new home construction shall not be subject to a separate permit but shall comply
with the requirements of this section.
15 . 50 . 120 Control of Other Pollutants
The permittee must properly handle and dispose of other pollutants that are on- site during
construction so as to avoid possible health risks or environment contamination. Direct
and indirect discharge of pollutants to the drainage system, critical areas , wetlands ,
streams , or to any adjacent property is prohibited.
15. 50 . 130 Conditions of Approval/Project Denial
10
A. The director may impose conditions on permit approval as needed to mitigate
identified project impacts and shall deny permit applications that are inconsistent with
the provisions of this chapter.
B . All clearing and grading projects shall be subject to the following conditions and
applicable fees :
1 . All clearing and grading, as a component of land disturbing projects, shall be
subject to inspection by the City of Camas .
2 . Prior written permission from the director shall be provided for modification of
any plan.
3 . The applicant shall maintain an upAo-date, approved copy of the plans on- site .
4 . All materials or spoils removed from the site and deposited within the City of
Camas shall be subject to a separate permit under this chapter for the receiving
site . Failure to exported material to an approved/permitted location shall
constitute a violation of the underlying permit (sending site) .
C . When a SEPA environmental checklist is required :
1 . A determination of non-significance (DNS) , a mitigated determination of non-
significance (MDNS) , or a determination of significance (DS) shall be issued by
the City of Camas prior to the issuance of a clearing and grading approval by the
director.
2 . Provisions contained in the DNS , MDNS , or DS shall be considered when
approving the clearing and grading activity and conditions of the approval shall
not be less restrictive than those in the environmental determination.
15 . 50 . 140 Expiration of Applications and Permits
A . When a permit is ready to be issued, the applicant shall be notified and must pick up
the permit within sixty (60) days of notification or it will be void.
B . Clearing and grading permits expire when :
1 . The authorized work is not begun within six (months) from the date of approval
issuance or other timeframe as specified in the permit.
2 . Work is abandoned for over one-hundred- eighty ( 180) days .
11
3 . If authorized work is completed in a consistent and progressive manner, the
approval shall expire one ( 1 ) year from the date of issuance unless an alternate
time frame is specified on the permit or an extension is granted.
4 . Upon a showing of good cause, up to two (2) , six (6) month extensions may be
granted, provided that conditions relevant to the issuance of the permit have not
substantially changed and no material detriment to the public welfare will result
from the extension.
15. 50 . 150 Inspections
A. Each site shall be inspected as necessary to ensure that required sediment control
measures are installed and effectively maintained in compliance with the permit
requirements . Where applicable, the applicant must obtain inspection by the city at
the following stages :
Stage 1 - Following the installation of sediment control measures or practices and
prior to any other clearing or grading activity, including during the
construction of sediment traps and ponds .
Stage 2 - During rough grading, including hauling imported or waste materials .
Stage 3 - Upon completion of final grading, including the establishment of ground
covers and planting, and installation of all landscaping.
B . The director shall specify inspection, testing, and monitoring requirements applicable
to a given project prior to permit issuance . However, the director may require
additional inspection, testing, monitoring, or professional analysis and
recommendations when conditions exist that were not covered in the permit
application document or were not sufficiently known at the time of permit issuance .
C . The permittee must give the City of Camas at least 48 hours of advanced notice prior
to needed inspections .
D . Where applicable, the City may accept inspections conducted by a certified erosion
control specialist or licensed professional engineer who must file an inspection report
with the director .
15 .50 . 160 Appeal
Any person or persons aggrieved by any action of the director may, within fourteen ( 14)
calendar days of such action, file a notice of appeal with the hearings officer setting forth
the reasons for such an appeal . The hearings officer shall hear and determine the matter
and may affirm, modify, or disaffirm the administrative decision within ninety (90)
calendar days of the filing of notice of appeal .
15 . 50 . 170 Permit Required
12
Every person working or directing work that requires a permit under this chapter must :
A. Have a copy of the permit before starting and during all phases of work. The permit,
approved plans , and applicable terms and conditions of approval shall be kept on site
at all times .
B . Be familiar with and comply with the terms and conditions of the permit.
C . Applicant shall pay all applicable fees as listed in the adopted fee schedule .
15 . 50 . 180 As -Built Plans
For clearing and grading undertaken to develop a plat or short plat infrastructure, the
permittee shall submit a copy of the as -built plans to the director . Such plans shall be
submitted prior to final approval and shall be included in the overall civil engineering as-
built set for public infrastructure
15 . 50 . 190 Final Acceptance
The director shall give final approval that clearing has been carried out in compliance
with the permit once all work is completed per the permit and is consistent with
provisions listed in CMC17 . 21 . 070 .
13