Title 29
LAND SURFACE MODIFICATION
Chapters:
29.04 General Provisions
29.08 Definitions
29.12 Permit Exemptions
29.16 Permit Application
29.20 Permit Approval Criteria
29.24 Development Standards
29.28 Bonds and Restoration
29.32 Expiration
29.36 Suspension or Revocation, Appeals and Enforcement
Chapter 29.04
GENERAL PROVISIONS
Sections:
29.04.010 Purpose and intent.
29.04.020 Applicability.
29.04.030 Right of entry.
29.04.040 Inspections.
29.04.010 Purpose and intent.
The purpose of this title is to provide for and promote the health, safety and welfare of the general public by minimizing risks to life and property and ensuring that land surface modification occurs in a manner compatible with city goals for environmental protection. To preserve natural features and functions of the land until a development plan is reviewed and approved, speculative grading is discouraged. (Ord. 4151 § 3 (part), 2008)
29.04.020 Applicability.
The provisions of this title apply to all land surface modifications conducted after the effective date of the ordinance codified in this title. Except as exempted in Chapter 29.12, no land surface modification shall be performed without first having obtained a permit from the city of Kirkland. (Ord. 4151 § 3 (part), 2008)
29.04.030 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this chapter, or where the city has reasonable cause to believe that there exists upon a site a condition which is contrary to or in violation of this chapter, the city is authorized to enter the site at reasonable times to inspect or to perform the duties imposed by this chapter. (Ord. 4151 § 3 (part), 2008)
29.04.040 Inspections.
Land surface modifications for which a permit is required shall be subject to inspection by the city to ascertain compliance with the provisions of this chapter and other city laws and regulations. It shall be the duty of the applicant to cause the work to remain accessible for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or of other codes or ordinances of the city. (Ord. 4151 § 3 (part), 2008)
Chapter 29.08
DEFINITIONS
Sections:
29.08.010 General.
29.08.020 Definitions.
29.08.010 General.
The definitions in this chapter apply throughout this title. (Ord. 4151 § 3 (part), 2008)
29.08.020 Definitions.
(a) “Development permit” means any permit or approval under the zoning code or the building code that must be issued before initiating a use or development activity.
(b) “Land surface modification” means the clearing or removal of shrubs, groundcover and other vegetation, excluding trees, and all grading, excavation and filling of materials. (Ord. 4151 § 3 (part), 2008)
Chapter 29.12
PERMIT EXEMPTIONS
Sections:
29.12.010 Permit exemptions.
29.12.020 Emergency exemption.
29.12.030 Relationship to other regulations.
29.12.010 Permit exemptions.
Except in (1) critical areas and their buffers, (2) areas waterward of the high waterline, (3) high waterline required yards, or (4) areas with an historic overlay designation, a land surface modification permit shall not be required for the following:
(a) The removal of overhanging vegetation and fire hazards as specified in Chapter 9.12 of the Kirkland Municipal Code.
(b) The removal of prohibited vegetation.
(c) Land surface modification performed in the normal course of maintaining existing landscaping on a lot associated with an existing building or buildings, provided such work:
(1) Does not substantially change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater;
(2) Does not result in an increase or decrease in topography at any point of more than four feet; and
(3) Does not involve more than fifty cubic yards of material in any twelve-month period.
(d) Any excavation authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation when the material is removed from the lot or any fill material which is placed on the lot.
(e) Utilities or other work in a right-of-way supervised by the city of Kirkland, authorized in writing by the director of the department of public works, or as allowed by a right-of-way permit approved under Chapter 19.12 of the Kirkland Municipal Code.
(f) Excavations for franchise utility service connections (power, telephone, cable, gas, etc.) to serve existing and/or new structures.
(g) Correction of storm drainage problems when supervised by the department of public works.
(h) Exploratory excavations under the direction of a professional engineer licensed in the state of Washington, as long as the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information.
(i) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way.
(j) Cemetery graves. (Ord. 4151 § 3 (part), 2008)
29.12.020 Emergency exemption.
A land surface modification permit shall not be required for actions which must be undertaken immediately or within a time too short to allow full compliance with the permit requirements of this title to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. The party conducting the land surface modification shall contact the city within seven days of the land surface modification to provide evidence of threat or imminent danger. Within this same seven-day period, the party conducting the land surface modification shall be solely responsible for notifying adjacent property owners and residents of any actions taken that may affect their property. The city may require that the party obtain a permit after-the-fact, and/or require other mitigation as necessary. (Ord. 4151 § 3 (part), 2008)
29.12.030 Relationship to other regulations.
Exemption from the permit requirements of this title shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this title or any other laws or ordinances of this jurisdiction. In particular, requests for pruning or removal of trees shall follow the procedures and comply with the standards outlined in Chapter 95 KZC. (Ord. 4151 § 3 (part), 2008)
Chapter 29.16
PERMIT APPLICATION
Sections:
29.16.010 Application—Contents.
29.16.020 Geotechnical report.
29.16.030 Third party review authorized.
29.16.010 Application—Contents.
The applicant shall apply for a land surface modification permit by submitting information to the city. The city is hereby authorized to maintain a list of the application requirements that may include, but is not limited to, the following:
(a) Permit application form;
(b) Fees as established in Titles 5 and 21, as applicable;
(c) Survey of the subject property;
(d) Any additional pertinent information. (Ord. 4151 § 3 (part), 2008)
29.16.020 Geotechnical report.
The city may require a geotechnical report as part of any land surface modification permit application. If a geotechnical report is required, it shall be prepared by a qualified geotechnical engineer or engineering geologist and must contain a description of any on- or off-site impacts of the proposed land surface modification on each of the following elements:
(a) Geologically hazardous areas, including landslide hazard areas, erosion hazard areas and seismic hazard areas;
(b) Storm drainage;
(c) Groundwater;
(d) Springs or seeps or other surface expressions of groundwater;
(e) Surface water, including streams, seasonal runoff and wetlands;
(f) Flood hazards;
(g) Existing vegetation, including trees; and
(h) Stability of existing or proposed structures or landforms.
The geotechnical report also must contain recommended methods for mitigating identified impacts and a description of how these mitigating measures impact adjacent properties.
If the land surface modification proposal is subject to the requirements of Chapter 85 KZC, additional geotechnical information may be required. (Ord. 4151 § 3 (part), 2008)
29.16.030 Third party review authorized.
At the city’s option, funding for a qualified geotechnical engineer or engineering geologist to review the geotechnical report and recommendations may be required of the applicant. The geotechnical engineer or engineering geologist will be selected and retained by the city subject to a three-party contract. (Ord. 4151 § 3 (part), 2008)
Chapter 29.20
PERMIT APPROVAL CRITERIA
Sections:
29.20.010 For projects with a valid development permit, subdivision or substantial development permit.
29.20.020 For projects without a valid development permit, subdivision or substantial development permit, but with a submitted building permit application.
29.20.030 For projects without a valid development permit, subdivision or substantial development permit, on a site with an existing building or an active use and involving up to five hundred cubic yards of material.
29.20.040 For projects without a valid development permit, subdivision or substantial development permit, on a vacant site or involving more than five hundred cubic yards of material.
29.20.050 General criteria.
29.20.010 For projects with a valid development permit, subdivision or substantial development permit.
A land surface modification permit may be approved as part of a valid development permit, substantial development permit or subdivision.
After approval of a zoning or substantial development permit, a land surface modification permit may be issued for land surface modification to be done within rights-of-way, utility easements, access easements, the internal vehicular circulation system, or other portions of the site pursuant to the approved zoning or substantial development permit.
After approval of a preliminary subdivision or short plat, a land surface modification permit may be issued for land surface modification to be done within rights-of-way, utility easements or access easements as designated on the approved engineering plans. A limited amount of grading, as well as stockpiling of materials, on individual lots may be permitted with city approval. (Ord. 4151 § 3 (part), 2008)
29.20.020 For projects without a valid development permit, subdivision or substantial development permit, but with a submitted building permit application.
A land surface modification may be approved for a project on a site without a valid development permit, subdivision or substantial development permit, but with a submitted building permit application, if the land surface modification complies with all of the following criteria:
(a) A complete building permit application for the site has been submitted.
(b) The land surface modification is not located on a site for which a zoning permit, subdivision, or substantial development permit has been submitted or is under review but has not yet been approved.
(c) The land surface modification is the minimum necessary to locate structures or other associated improvements designated on the submitted building permit plans.
(d) The land surface modification will not substantially change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater.
(e) The land surface modification complies with the criteria in Section 29.20.050.
(f) A bond is submitted prior to issuance of the land surface modification permit for restoration of the site in the event the building permit is not approved. (Ord. 4151 § 3 (part), 2008)
29.20.030 For projects without a valid development permit, subdivision or substantial development permit, on a site with an existing building or an active use and involving up to five hundred cubic yards of material.
A land surface modification may be approved for a project on a site without a valid development permit, subdivision or substantial development permit, but with an existing building or an active use, if the land surface modification complies with all of the following criteria:
(a) The land surface modification is not located on a site for which a development permit, subdivision, or substantial development permit has been submitted or is under review but has not yet been approved.
(b) The land surface modification will not substantially change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater.
(c) In any one-year period, not more than five hundred cubic yards of fill material is deposited on, excavated and removed from, or moved from place to place on, the subject property. If the subject property is larger than one acre, the limit is five hundred cubic yards within each acre.
(d) The land surface modification complies with the criteria in Section 29.20.050. (Ord. 4151 § 3 (part), 2008)
29.20.040 For projects without a valid development permit, subdivision or substantial development permit, on a vacant site or involving more than five hundred cubic yards of material.
On a vacant site involving any amount of material, or on a site with an existing building or an active use involving more than five hundred cubic yards of material (or five hundred cubic yards of material within each acre, if the subject property is larger than one acre), the land surface modification may be approved if all of the following criteria are met:
(a) The land surface modification is proposed to do at least one of the following:
(1) Correct an erosion or storm drainage problem under the supervision of the department of public works; or
(2) Create new utility or access corridors required by the city of Kirkland; or
(3) Improve to minimum standards, at the expense of the applicant, a deficient water, sewer, storm drainage or transportation system, as determined by the public works department; or
(4) Avoid erosion, landslides, or other environmental hazards.
(b) The land surface modification is not located on a site for which a development permit, subdivision, or substantial development permit has been submitted or is under review but has not yet been approved.
(c) The land surface modification will not substantially change the points where the groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of groundwater.
(d) The land surface modification complies with the criteria in Section 29.20.050. (Ord. 4151 § 3 (part), 2008)
29.20.050 General criteria.
The following criteria must be met for any land surface modification approved under Sections 29.20.020, 29.20.030 or 29.20.040:
(a) The land surface modification is consistent with the provisions of the Kirkland Zoning Code, including, but not limited to, regulations regarding streams, lakes, and wetlands and their buffers; geologically hazardous areas; shorelines; and trees.
(b) The land surface modification will not adversely affect the stability of structures or landforms on site or on adjacent properties.
(c) The land surface modification is consistent with the provisions of the Kirkland Municipal Code, including, but not limited to, the Shoreline Master Program.
(d) The land surface modification is consistent with the provisions of the most current edition of the public works department’s pre-approved plans and policies.
(e) The land surface modification does not violate any policy of the city. (Ord. 4151 § 3 (part), 2008)
Chapter 29.24
DEVELOPMENT STANDARDS
Sections:
29.24.010 Conditions of permit approval.
29.24.010 Conditions of permit approval.
Prior to approving a land surface modification permit, the city may require measures to mitigate impacts, including but not limited to the following:
(a) Implementation of recommendations in the geotechnical report.
(b) Restrictions on the nature of fill materials. All materials used as fill shall be nondissolving and nondecomposing. Fill material shall not contain organic or inorganic material that would be detrimental to water quality or existing habitat, or create any other significant adverse impacts to the environment.
(c) Compliance with the city’s rodent abatement standards.
(d) Marking the limit of grading line in the field with a temporary fence and signage as approved by the city.
(e) Installation of temporary protective tree fencing and signage as described in Chapter 95 KZC.
(f) Implementation of erosion control measures, including installation of an erosion control siltation fence along required setbacks from streams, wetlands, and steep-sloped areas.
(g) Implementation of measures to control dust.
(h) Maintenance of streets and storm drains so that they are kept clean of debris resulting from the land surface modification.
(i) Limitation on timing of the land surface modification. The land surface modification should be completed between April 1st and October 1st, unless a wet weather erosion control plan has been approved by the public works department. (Ord. 4151 § 3 (part), 2008)
Chapter 29.28
BONDS AND RESTORATION
Sections:
29.28.010 Bonds.
29.28.020 Restoration.
29.28.010 Bonds.
The city may require or permit a bond in accordance with Chapter 175 KZC to ensure compliance with any of the requirements of this chapter. (Ord. 4151 § 3 (part), 2008)
29.28.020 Restoration.
If any tree required to be retained or planted as a condition of the land surface modification permit is damaged or destroyed, the applicant shall comply with the restoration requirements of Chapter 95 KZC.
The applicant shall stabilize any exposed areas left after the land surface modification with approved vegetation. (Ord. 4151 § 3 (part), 2008)
Chapter 29.32
EXPIRATION
Sections:
29.32.010 Time limitation for application.
29.32.020 Permit expiration.
29.32.010 Time limitation for application.
An application for a land surface modification permit shall expire as described in Chapter 21.06. (Ord. 4151 § 3 (part), 2008)
29.32.020 Permit expiration.
A land surface modification permit shall expire as described in Chapter 21.06. (Ord. 4151 § 3 (part), 2008)
Chapter 29.36
SUSPENSION OR REVOCATION, APPEALS AND ENFORCEMENT
Sections:
29.36.010 Suspension or revocation.
29.36.020 Appeals.
29.36.030 Enforcement.
29.36.010 Suspension or revocation.
The city is authorized to suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 4151 § 3 (part), 2008)
29.36.020 Appeals.
The decision of the city in approving or denying a land surface modification may be appealed using the appeal provisions, as applicable, of Article XII of Chapter 21.06. (Ord. 4151 § 3 (part), 2008)
29.36.030 Enforcement.
Violations of the requirements of this title shall be enforced through the provisions, as applicable, of Chapter 170 KZC. (Ord. 4151 § 3 (part), 2008)