HomeMy WebLinkAboutUtilities 2016-09-27 Item 2B - Code Amendments - NPDES Surface Water Management Low Impact Development (TMC Title 16)City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Utilities Committee
FROM: Bob Giberson, P.E., Public Works Director
BY: Greg Villanueva, NPDES Coordinator
CC: Mayor Ekberg
DATE: September 23, 2016
SUBJECT: National Pollutant Discharge Elimination System (NPDES)
Project NO. 99341210
Surface Water LID Code Amendments — TMC Title 16 Grading
ISSUE
Review new grading amendments to TMC Title 16 to meet National Pollutant Discharge
Elimination System (NPDES) permit requirements.
BACKGROUND
The City's NPDES Phase II permit requires that the City review, revise, and make effective their
local development related codes, rules, standards, and other enforceable documents to
incorporate and require Low Impact Development (LID) principles and LID Best Management
Practices no later than December 31, 2016. As part of this effort, the City's consultant, Otak,
reviewed all development codes to determine which codes required updating to facilitate LID
implementation and remove barriers. The TMC Title 16 includes the City's grading requirements
and it was determined they are not consistent with the Department of Ecology's (DOE)
requirements and need to be updated.
ANALYSIS
Otak worked with City staff and identified LID code updates needed for Chapter 16.54 -
Grading. The proposed grading changes are significant and will be consistent with changes
King County was required to make to their grading chapter in order for the DOE to consider the
King County Surface Water Design Manual equivalent to the DOE Surface Water Design
Manual.
The substantive changes to the Grading Ordinance are:
• Permit Application Requirements
• Erosion and Sediment Control Standards
• Standards
• Inspections
• Hazard Damage
FINANCIAL IMPACT
No financial impact.
RECOMMENDATION
For information only.
Attachments: Draft Grading Code Revisions in Strikcthrough and Underline Form
W: \PW Eng \PROJECTS\A- DR Projects NPDES Program (99341210)0015 2017 Capacity Grant \Otak LID Gap Analysis \Info Memo 2016 UC LID Code Update Grading GV sb.doc
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TITLE 16 — BUILDINGS AND CONSTRUCTION
CHAPTER 16.54
GRADING
Sections:
16.54.010 Purpose
16.54.020 Authority
16.54.030 Definitions
16.54.040 Applicability
16.54.050 Permit
16.54.055 Permit Application Requirements
16.54.060 Standards
16.54.065 Erosion and Sediment Control Standards
16.54.070 Supplemental Information
16.54.075 Inspections
16.54.080 Hazard and Damage
16.54.085 Financial Guarantees
16.54.090 Exceptions
16.54.100 Penalties
16.54.120 Appeals
16.54.010 Purpose
The provisions of TMC Chapter 16.54 shall be liberally
construed to accomplish the following purposes:
1. Prevent damage to life, public and private property,
surface waters, sensitive areas and associated buffers.
2. Regulate grading activities, including excavation, fill,
grading, earthwork construction, and structural preloads.
3. Prevent erosion and control sedimentation.
4. Establish the standards to permit grading activities.
5. Provide for approval and inspection of grading
activities.
6. Prevent and minimize disturbance of native soils and
landscapes, and restore the moisture holding capacity of
disturbed soils.
16.54.020 Authority
A. The Public Works Director shall administer TMC
Chapter 16.54. The Director's authority includes the
establishment of regulations and procedures, approval of
permits and exceptions, inspection of work, and enforcement
and implementation of measures necessary to carry out the
intent of TMC Chapter 16.54.
B. The Public Works Director may initiate all required
actions to prevent or stop acts or intended acts which the
Director determines to constitute a hazard to life or safety, or
endanger property, or adversely affect the safety, use or
stability of a public or private property or a sensitive area or its
buffer.
C. If the Director determines that a person is engaged in
grading activities that do not comply with City code or with
approved permit plans and /or other permit conditions, the
Director may implement any or all of the following
enforcement actions:
1. Suspend or revoke without written notice any
grading activity, when the Director determines that activity
poses an immediate danger to life, safety or property.
2. Serve a written notice of violation upon that per-
son by registered or certified mail or personal service. The
notice shall set forth the measures necessary to achieve
compliance, specify the time to commence and complete
corrections, and indicate the consequences for failure to correct
the violation.
3. Suspend or revoke any City approval for grading
activities after written notice is given to the Applicant for any of
the following reasons:
a. Any violation(s) of the permit or the permit
conditions;
b. Construction not in accordance with the
approved plans; or
c. Non - compliance with correction notice(s) or
"Stop Work Order(s)" issued for the construction of temporary
or permanent storm water management facilities.
4. Post a "Stop Work Order' at the site, directing
that all grading activities cease immediately. The "Stop Work
Order" may include any discretionary conditions and standards
adopted in TMC Chapter 16.54 that must be fulfilled before any
work may continue.
16.54.030 Definitions
As used in TMC Chapter 16.54, the terms shall be defined
as follows:
1. "Applicant" means any person who has applied
for a grading permit.
2. "Bench" means a relatively level step excavated into
earth material on which fill is to be placed.
23. "Buffer" means the area contiguous to a sensitive
area that is required for the continued maintenance, function and
structural stability of the sensitive area as defined in the sensitive
areas overlay.
4. "Compaction" means the densification of a fill or of
existing soils by mechanical or other means, whether
intentional or incidental.
5. "Cut" see "Excavation ".
66. "Director" means the Public Works Director or
his /her designee, including the City Engineer and Public Works
inspectors.
7. "Down Drain" means a device for collecting water
from a swale or ditch located on or above a slope and safely
delivering it to an approved drainage facility.
8. "Erosion" means the wearing away of land sur-
face by the action of wind, water, gravity, or any combination
thereof.
59. "Excavation" means the digging or removal of
earth material, also referred to as a cut.
610. "Fill" means a deposit of material placed by
artificial means.
711. "Geotechnical engineering" means the
application of soil mechanics in the investigation, evaluation,
and de- sign of civil works involving the use of earth materials
and the inspection or testing of the construction thereof.
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TUKWILA MUNICIPAL CODE
12. "Grade" means the vertical location of the ground
surface.
13. "Grade, Existing" means the grade prior to
grading.
14. "Grade, Finished" means the grade of the site at
the conclusion of all grading efforts.
815. "Grading" means any activity that results in
change of the cover or topography, or any activity that may
cause erosion, including clearing, excavafioeexcavating,
filling, grading-and stockpiling.
16. "Key" means a compacted fill placed in a trench
excavated in earth material beneath the toe of a slope.
917 "Sensitive area" means wetlands, watercourses,
areas of potential geologic instability, abandoned coal mines,
and fish and wildlife habitat areas, per the City's Sensitive
Areas Ordinance.
1-018. "Site" means any legally defined section of
real property, whose boundaries are recorded with the King
County Assessor's office for the purposes of assessing taxes.
19. "Slope" means an inclined surface, the inclination
of which is expressed as a ratio of horizontal distance to
vertical distance.
20. "Terrace" means a relatively level step
constructed in the face of a graded slope for drainage and
maintenance purposes.
16.54.040 Applicability
A. TMC Chapter 16.54 applies to all grading activities
within the City limits.
B. Flood zone grading, excavation and earthwork
construction, including fills and embankments, shall comply
with the requirements of TMC Chapter 16.52.
C. City departments shall comply with all the
requirements of TMC Chapter 16.54, except that they are not
required to obtain permits and approvals from the City for
work per- formed in the public right -of -way, nor for operation
and maintenance activities by the Department of Parks and
Recreation.
16.54.050 Permit
A. A permit is required for all grading activities occurring
within the City limits, except the following:
1. Excavation for construction of a structure
permitted under the International Building Code.
2. Cemetery graves.
3. Refuse disposal sites controlled by other
regulations.
4. Excavations for wells, or trenches for utilities.
5. Mining, quarrying, excavating, processing or
stockpiling rock, sand, gravel, aggregate or clay controlled by
other regulations, provided such operations do not affect the
lateral support of, or significantly increase stresses in, soil on
adjoining properties.
6. Exploratory excavations performed under the
direction of a registered design professional, as long as this
exploratory excavation does not constitute the beginning of
construction of a building prior to obtaining a permit.
B. Applications for permits pursuant to TMC Chapter 16.54
shall be submitted to the City in the format and manner
specified by the Directorin TMC 16.54.055.
C. An approved grading permit applies to one site. A
separate permit shall be obtained for each site.
D. The City shall collect a nonrefundable permit fee, the
amount set by resolution of the City Council.
16.54.055 Permit Application Requirements
A. To obtain a permit, the applicant shall first file an
application in writing on a form provided by or approved by the
Director that shall include, at a minimum:
1. Identification and description of the work to be
covered by the permit for which application is made.
2. An estimate of the quantities of excavation and fill
involved by volume and by the total area cleared or graded in
square feet and as a percentage of the total site area.
3. Identification and description of:
a. all sensitive areas on the site or visible from the
boundaries of the site; and
b. property- specific development standards and
special district overlays.
4. Location of any open space tracts or conservation
easements.
5. Plans and specifications that, at a minimum,
include:
a. property boundaries, easements and setbacks.
b. a 1:2000 scale vicinity map with a north arrow.
c. horizontal and vertical scale.
d. size and location of existing improvements on
and within fifty feet of the project, indicating which will remain
and which will be removed.
e. location of all proposed cleared areas.
f. existing and proposed contours at maximum two
foot intervals, extending for twenty feet beyond the project
edge, that provides sufficient detail to identify how grade
changes will conform to the requirements of this code.
g. at least two cross sections, one in each
direction, showing existing and proposed contours and
horizontal and vertical scales.
h. a proposed erosion and sediment control plan
as required by TMC 16.54.065.
6. A geotechnical report prepared by a registered
qeotechnical engineer that, at a minimum, includes:
a. the nature and distribution of existing soils.
b. conclusions and recommendations for grading
procedures.
c. soil design criteria for any structures or
embankments required to accomplish the proposed grading.
d. where appropriate, slope stability studies, and
recommendations and conclusions regarding site geology.
Exception: A qeotechnical report is not required where the
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TITLE 16 — BUILDINGS AND CONSTRUCTION
Director determines that the nature of the work applied for is
such that a report is not necessary.
7. For sites with mapped maximum considered
earthquake spectral response accelerations at short periods
(Ss) greater than 0.5g as determined by the adopted
International Building Code, Section 1613, a study of the
liquefaction potential of the site shall be provided, and the
recommendations incorporated in the plans.
Exception: A liquefaction study is not required where the
Director determines from established local data that the
liquefaction potential is low.
B. Materials in addition to those required in subsection A.
of this section may be necessary for the Director to complete
the review. The following materials shall be submitted when
required by the Director:
1. Higher accuracy contours and more details of
existing terrain and area drainage, limiting dimensions,
elevations or finished contours to be achieved by the grading,
and proposed drainage channels and related construction.
2. If applicable, all drainage plans and
documentation consistent with TMC Chapter 14.30 and the
Surface Water Design Manual, as adopted in accordance with
TMC Chapter 14.30.
3. Studies prepared by qualified specialists, as
necessary to substantiate any submitted materials and
compliance with this chapter or other law, particularly if
clearing or grading is proposed to take place in or adjacent to
an environmentally sensitive area.
C. Plans and specifications shall be prepared and signed
by a civil engineer if they are prepared in conjunction with the
proposed construction or placement of a structure, include
permanent drainage facilities or, if required by the Director,
propose alterations in steep slope or landslide hazard areas.
D. The Director shall determine the number of copies of
the required plans, specifications and supporting materials
necessary to expedite review and may require submittal of
materials in alternative formats.
E. The Director may waive specific submittal
requirements if they are determined to be unnecessary for the
acceptance and subsequent review of an application.
F. Any plans, specifications, or supporting materials that
are returned as a result of permit denial or any other reason
shall be returned to the applicant.
16.54.060 Standards
A. All grading activities require erosion prevention and
sediment control in accordance with TMC 16.54.065 and
commensurate with the degree of risk, as determined by the
Director.
B. All grading activities shall be undertaken according to
the following mandatory standards:
1. All design and construction shall be performed to
minimize soil disturbance, to minimize compaction where not
required for structural stability, and to maximize erosion
prevention and sediment control.
2. All grading activities shall be consistent with:
a. The standards given in this chapter.
ab. The International Building Code, Chapter 18
and Appendix J. Appendix J is hereby adopted by reference,
except as amended in TMC 16.54.050, and as may be
amended from time to time.
dc. The Public Works Department's Development
Guidelines and Infrastructure Design and Construction
Standards.
sd. The King County Surface Water Design
Manual,_ ^pp l and as may be amended from time to
time, as adopted in accordance with TMC Chapter 14.30.
de. Tukwila Municipal Code Chapter 18.45,
"Environmentally Sensitive Areas."
ef. Policies and procedures set forth by the Director.
C. Cuts and fills shall conform to the following provisions
unless otherwise approved by the Director:
1. A slope of cut and fill surface shall not be steeper
than is safe for both the intended use and soil type and shall
not exceed two horizontal to one vertical (50- percent slope)
unless the owner or authorized agent furnishes a geotechnical
report justifying a steeper slope. The following exceptions can
be made for cut surfaces:
a. A cut surface shall be permitted to be at a slope
of 1.5 horizontal to one vertical (67- percent slope) provided that
all of the following are met:
1) it is not intended to support structures or
surcharges.
2) it is adequately protected against erosion.
3) it is no more than 8 feet in height.
4) it is approved by the Director.
5) ground water is not encountered.
b. A cut surface in bedrock shall be permitted to
be at a slope of one horizontal to one vertical (100 - percent
slope);
2. All disturbed areas including faces of cuts and fill
slopes shall be prepared and maintained to control erosion in
compliance with TMC 16.54.065. Erosion control for the slopes
shall be installed prior to earthwork and permanent erosion
control shall be installed as soon as practicable and prior to call
for final inspection. Where necessary, check dams, cribbing,
riprap or other devices or methods shall be employed to control
erosion and provide safety.
3. The ground surface shall be prepared to receive fill
by removing unsuitable material such as concrete slabs, tree
stumps, brush, vegetation, topsoil, car bodies and other
materials as determined by the Director, and scarifying the
ground to provide a bond with the fill material.
4. Except in an approved sanitary landfill, as part of
engineered fill, as part of public infrastructure, as part of a
stormwater facility or lawn or landscaping, or as approved by
the Director, fill material shall meet the following standards:
a. Fill material shall consist of earthen material,
organic material or recycled or reprocessed materials that are
not categorized as dangerous waste under Title 173 WAC and
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TUKWILA MUNICIPAL CODE
that were produced originally from an earthen or organic
material.
b. Fill material shall have a maximum dimension
of less than twelve inches.
c. Recycled concrete shall be free of rebar and
other materials that may pose a safety or health hazard.
d. Recycled asphalt shall not be used in areas
subject to exposure to seasonal or continual perched ground
water, in a critical aquifer recharge area or over a sole- source
aquifer.
e. Recycled materials that have not been
reprocessed to meet the definition of common borrow in the
latest WSDOT Standard Specifications shall be intermixed
with well - graded, natural, earthen materials in sufficient
quantities and of a suitable size to assure filling of all voids
and to assure that the fill can be compacted to ninety percent
of the maximum density.
5. Provisions shall be made to:
a. prevent any surface water or seepage from
damaging the cut face of any excavation or the sloping face of
a fill.
b. address any surface water that is or might be
concentrated as a result of a fill or excavation to a natural
watercourse in accordance with TMC Chapter 14.30 and the
Surface Water Design Manual.
6. Benches and any swales or ditches on benches
shall be designed in accordance with the Surface Water
Design Manual.
7. All cut and fill slopes shall meet the following
setback requirements:
a. Cut and fill slopes shall be set back from
property lines as shown in Figure 16 -6, Drainage Dimensions,
to preserve the safety of adjacent properties, provide for
adequate foundation support, prevent damage from runoff or
erosion of the slopes, and preserve the permitted uses on the
adjacent properties, unless substantiating data is submitted
justifying reduced setbacks. Setback dimensions shall be
measured perpendicular to the property line.
b. The setback at the top of a cut slope shall not
be less than shown in Figure 16 -6, Drainage Dimensions, or
than is required to accommodate any required interceptor
drains, whichever is greater.
c. Where required to protect adjacent properties
at the toe of a slope from adverse effects of the grading,
additional protection, approved by the Director shall be
included. Such protection may include but shall not be limited
to:
1) setbacks greater than those required by
Figure 16 -6, Drainage Dimensions.
2) provisions for retaining walls or similar
construction.
3) erosion protection of the fill slopes.
4) provision for the control of surface waters.
8. Fill shall meet the following standards:
a. Fill greater than 18 inches in depth shall be
engineered and compacted to accommodate the proposed use
in accordance with the applicable standard unless a notice on
title documenting the location of the fill is recorded and the fill is
sufficiently stable to not pose a hazard, as follows:
1) Fill material at the location of proposed
buildings shall be compacted to 90 percent of maximum density
as determined by ASTM D 1557, Modified Proctor, in lifts not
exceeding 12 inches in depth, unless another compaction is
recommended in the geotechnical report.
2) Fill material at the location of proposed public
infrastructure, such as streets and roads, shall be compacted in
accordance with the Infrastructure Design and Construction
Standards.
3) Fill material, including imported soils and
compost, at the location of a proposed stormwater facility or
placed as part of earthwork construction of a stormwater facility
shall be compacted in accordance with the Surface Water
Design Manual and TMC 14.30.
4) Fill material at the location of proposed
landscape areas, including lawn, shall be compacted in
accordance with TMC 16.54.060(1).
b. Where existing grade is at a slope steeper than
five horizontal to one vertical (20- percent slope) and the depth
of the fill exceeds 5 feet benching shall be provided in
accordance with Figure 16 -5, Benching Details. A key shall be
provided which is at least 10 feet in width and 2 feet in depth.
c. Any fill in the floodplain shall, from the face of
the fill to a horizontal distance of six feet back from the face,
meet the compaction requirements for pond embankments in
the Surface Water Design Manual, unless determined by the
department that inundation is not a threat to fill integrity.
D. Access roads to grading sites shall be:
1. Maintained and located to the satisfaction of the
Director to minimize problems of dust, mud and traffic
circulation.
2. Located where the permanent access to the site is
proposed in the permit application to minimize site disturbance.
3. Controlled by a gate when required by the Director.
E. Signs warning of hazardous conditions, if determined
by the Director to exist on a particular site, shall be affixed at
locations as required by the Director.
F. Where required by the Director, to protect life, limb and
property, fencing shall be installed with lockable gates that must
be closed and locked when not working on the site. The fence
shall be no less than six feet in height and the fence material
shall have no opening larger than two inches.
G. Rocks, dirt, mud, vegetation, topsoil, duff layer and
any other materials stripped from, imported onto, used or
produced on -site in the course of permitted activities shall not be
spilled onto, stockpiled, or otherwise left on public roadways or
on any off -site property not specifically authorized as a receiving
site under a valid permit.
H. The duff layer and native topsoil shall be retained in an
undisturbed state to the maximum extent practicable. Any duff
layer or topsoil removed during grading shall be stockpiled to the
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TITLE 16 — BUILDINGS AND CONSTRUCTION
maximum extent practicable on -site in a designated, controlled
area not adjacent to public resources or to environmentally
sensitive areas. The material shall be reapplied to other
portions of the site where feasible.
I. The soil moisture holding capacity of the soil shall be
restored as follows:
1. Except as otherwise provided in subsection 1.2.
of this section, areas that have been cleared and graded shall
have the soil moisture holding capacity restored to that of the
original undisturbed soil native to the site to the maximum
extent practicable. The soil in any area that has been
compacted or that has had some or all of the duff layer or
underlying topsoil removed shall be amended to mitigate for
lost moisture - holding capacity. The amendment shall take
place between May 1 and October 1. The topsoil layer shall
be a minimum of eight inches thick, unless the applicant
demonstrates that a different thickness will provide conditions
equivalent to the soil moisture - holding capacity native to the
site. The topsoil layer shall have an organic matter content of
between five to ten percent dry weight and a pH suitable for
the proposed landscape plants. When feasible, subsoils
below the topsoil layer should be scarified at least four inches
with some incorporation of the upper material to avoid
stratified layers. Compost used to achieve the required soil
organic matter content must meet the definition of
"composted materials" in WAC 173 - 350 -220.
2. This subsection does not apply to areas that at
project completion are covered by an impervious surface,
incorporated into a drainage facility or engineered as
structural fill or slope.
J. Drainage and terracing shall be provided as follows,
except where the ground slope is not steeper than three
horizontal to one vertical (33- percent slope):
1. Terraces at least 6 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.
Suitable access shall be provided to allow for cleaning and
maintenance. Where more than two terraces are required,
one terrace, located at approximately mid - height, shall be at
least 12 feet in width.
2. Swales or ditches shall be provided on terraces.
They shall have a minimum gradient of 20 horizontal to one
vertical (5- percent slope) and shall be paved with concrete
not less than 3 inches in thickness, or with other materials
suitable to the application. They shall have a minimum depth
of 12 inches and a minimum 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.
3. Interceptor drains shall be installed along the top
of cut slopes receiving drainage from a tributary width greater
than 40 feet, measured horizontally. They shall have a
minimum depth of 1 foot and a minimum width of 3 feet. The
slope shall be approved by the Director, but shall not be less
than 50 horizontal to one vertical. The drain shall be paved
with concrete not less than 3 inches in thickness, or by other
materials suitable to the application. Discharge from the drain
shall be accomplished in a manner to prevent erosion and shall
be approved by the Director.
4. Drainage across property lines shall not exceed
that which existed prior to grading. Excess or concentrated
drainage shall be contained on site or directed to an approved
drainage facility. Erosion of the ground in the area of discharge
shall be prevented by installation of nonerosive down drains or
other devices.
16.54.065 Erosion and Sediment Control
Standards
A. A person who clears, grades or otherwise disturbs a site
shall provide erosion and sediment control that prevents, to the
maximum extent practicable, the transport of sediment from the
site to drainage facilities, rights -of -way, water resources and
adjacent properties. Erosion and sediment controls shall be
applied as specified by the temporary erosion and sediment
control measures and performance criteria and implementation
requirements in the Surface Water Design Manual.
B. From October 1 through April 30, which is the seasonal
limitation period, clearing and grading shall only be permitted if
shown to the satisfaction of the Director that runoff leaving the
construction site will comply with the erosion and sediment
control measures and performance criteria and implementation
requirements in the Surface Water Design Manual through a
combination of the following:
1. Site conditions including vegetative coverage,
slope, soil type, and proximity to receiving waters;
2. Proposed limitations on activities and the extent of
disturbed areas; and
3. Proposed erosion and sedimentation control
measures.
C. Based on the information provided under subsection A.
of this section, the Director may expand or restrict the seasonal
limitations on site disturbance. The Director shall set forth in
writing the basis for approval or denial of clearing or grading
during the seasonal limitation period.
D. During the seasonal limitation period, clearing and
grading will be allowed only if there is installation and
maintenance of an erosion and sedimentation control plan
approved by the Director that defines any limits on clearing and
grading or specific erosion and sediment control measures
required during the seasonal limitation period. The department
may require or approve alternate best management practices.
E. If, during the course of construction activity or soil
disturbance during the seasonal limitation period, silt -laden
runoff violating standards in the Surface Water Design Manual
leaves the construction site or if clearing and grading limits or
erosion and sediment control measures shown in the approved
plan are not maintained, a Violation Notice and Order shall be
issued in accordance with TMC 8.45.050.
F. If the erosion and sediment control problem defined in
the Violation Notice and Order is not adequately repaired within
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TUKWILA MUNICIPAL CODE
twenty -four hours of issuance, then a Stop Work Order may be
issued in accordance with TMC 8.45.070 until such time as
adequate erosion and sediment control measures to stop silt -
laden runoff from leaving the site are installed. The Stop Work
Order may also require the property owner to discontinue any
further clearing or grading, except for erosion and sediment
control maintenance and repair, until the following April 30.
G. The following activities are exempt from the seasonal
limitations of this section:
1. Routine maintenance and necessary repair of
erosion and sediment control facilities.
2. Routine maintenance of public facilities or existing
utility structures that do not expose the soil or result in
removal of the vegetative cover to the soil.
3. Activities where there is one hundred percent
infiltration of surface water runoff within the site in approved
and installed erosion and sedimentation control facilities.
4. Typical landscaping activities of existing single
family residences that do not require a permit.
5. Class I, II III and IV special forest practices in
accordance with chapter 76.09 RCW.
6. Response to emergencies that threaten the public
health, safety or welfare.
16.54.070 Supplemental Information
A. The Director may require supplemental studies,
inspections, or testing by an approved testing agency to be
performed at the owner's expense.
B. The Director may require a Hold Harmless Agreement
for activities in or near a sensitive area, or for a deviation from
standards set forth in TMC 16.54.060.
16.54.075 Inspections
A. Inspections shall be governed by Section 109 of the
International Building Code adopted in accordance with TMC
16.04.020.
B. The Director may require a special inspection as
described in Section 1704.7 of the International Building Code
adopted in accordance with TMC 16.04.020.
16.54.080 Hazard and Damage
A. A person conducting clearing or grading shall protect
adjacent property, public resources including surface and
groundwaters, rights -of -way, and drainage systems from
hazards and damage resulting from activities allowed under
this chapter.
16.54.080 -085 Financial Guarantees
A. The Director may require a maintenance bond for
erosion prevention and sediment control in the amount of
10% of the total project cost on projects which clear more
than 6,000 square feet or contain or abut sensitive areas such
as, but not limited to, Class 2 or steeper slopes, wetlands, or
critical drainage.
B. If the Director determines the nature of any work
creates a hazard to human life, endangers public or private
property or sensitive areas, the Director may require the
applicant to file a Certificate of Insurance. The Director, based
on the nature of the risks involved, shall determine the amount
of insurance.
16.54.090 Exceptions
The Director may grant a written variance from any
requirements of TMC Chapter 16.54 if there are exceptional
circumstances applicable to the site such that strict adherence
to these provisions will not fulfill the intent of TMC Chapter
16.54.
16.54.100 Penalties
A. Any violation of any provision, or failure to comply
with any of the requirements of TMC Chapter 16.54, shall be
subject to the terms and conditions of TMC Chapter 8.45,
"Enforcement ".
B. The City Attorney shall bring injunctive, declaratory,
or other actions as necessary to ensure compliance with TMC
Chapter 16.54. Any person failing to comply with TMC
Chapter 16.54 shall be subject to a civil penalty not to
exceed $1,000 for each violation. Each violation or each day
of non- compliance constitutes a separate violation.
C. A notice in writing shall impose the penalty provided for
in TMC Chapter 16.54 by certified mail, either with return
receipt requested or by personal service, to the person incur-
ring the notice. The notice shall describe the violation with
reasonable particularity, and order the act or acts constituting
the violation or violations to cease and desist or, in appropriate
cases, require necessary corrective action within a specific
and reasonable time.
D. A schedule of penalty fees pursuant to TMC Chapter
16.54 is subject to review by the Tukwila City Council.
16.54.120 Appeals
A decision of the Director made in accordance with TMC
Chapter 16.54 shall be considered determinative and final. Any
appeal must be filed in King County Superior Court within 30
days of the date of issuance of the final determination.
17
TITLE 16 — BUILDINGS AND CONSTRUCTION
TOP OF FILL
5 FT. OR GREATER
FILL
SLOPE
Figure 16 -5 Benching Detail
PROPERTY
LINE
H/5 BUT 2 FT
MINIMUM AND
NEED NOT EXCEED
20 FT MAXIMUM
NATURAL OR
FINISH GRADE
r
r
r r
r
r r I
r r
r
I f
TOE OF
SLOPE
KEY
10 FT. MINIMUM
NATURAL
SLOPE
r r
r
2 FT. MINIMUM
BENCHING DETAIL
H/5 BUT 2 FT MINIMUM
AND NEED NOT EXCEED
10 FT MAXIMUM
CUT OR
FILL SLOPE
TOP OF
SLOPE
REMOVE
UNSUITABLE
MATERIAL
PROPERTY
LINE
Figure 16 -6 Drainage Dimensions
6 FT. MINIMUM
TERRACE
DRAINAGE DIMENSIONS
NATURAL OR
FINISH GRADE
INTERCEPTOR DRAIN
(IF REQUIRED)
18