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A. A clearing and grading permit shall be issued only in conjunction with, or as part of, one or more of the following permits or approvals, except as described in subsection B of this section:

1. A valid building permit application; provided, that if a discretionary land use approval pursuant to the provisions of Chapter 20.30 LUC or environmental (SEPA) review is required, the clearing and grading permit shall not be issued until the land use approval and the SEPA determination are final pursuant to LUC 20.35.045, now or as hereafter amended;

2. A utility developer system extension agreement approved by the Bellevue utilities department director;

3. An approved conditional use permit or planned unit development approval;

4. Preliminary plat or preliminary short plat approval, where the clearing and grading permit is approved only for infrastructure construction, and not for clearing or grading building sites;

5. Preliminary plat or preliminary short plat approval, where the clearing and grading permit is approved for clearing or grading building sites; provided, that such approval may be granted only in compliance with BCC 23.76.042, now or as hereafter amended;

6. A planned unit development (PUD) approval where the clearing and grading permit is approved for infrastructure construction and for clearing and grading building sites;

7. An approved shoreline conditional use, shoreline substantial development permit or shoreline management exemption, provided all appeal periods pursuant to WAC 173-14-180, now or as hereafter amended, must have expired without the filing of an appeal;

8. A demolition permit;

9. Inclusion of the project in the city’s approved capital improvement program;

10. A valid right-of-way use permit application; provided, that if a discretionary land use approval pursuant to the provisions of Chapter 20.30 LUC, now or as hereafter amended, or environmental (SEPA) review is required, the clearing and grading permit shall not be issued until the land use approval and the SEPA determination are final pursuant to LUC 20.35.045, now or as hereafter amended; or

11. Completion of environmental (SEPA) review for surcharging a site or for environmental or toxics cleanup at a site; provided, that if a discretionary land use approval pursuant to the provisions of Chapter 20.30 LUC, now or as hereafter amended, is required, the clearing and grading permit shall not be issued until the land use approval and the SEPA determination are final pursuant to LUC 20.35.045, now or as hereafter amended.

B. The director may approve issuance of a clearing and grading permit without an accompanying permit or other approval as listed in subsection A of this section; provided, that all of the following criteria are met (in addition to other applicable requirements of this chapter and other city codes):

1. The proposed clearing and grading is not related to a project for which one or more of the approvals listed in subsection A of this section is required;

2. Approval of the proposal will not pose a threat to or be detrimental to the public health, safety, and welfare, nor be materially detrimental to fish and wildlife habitat, the storm and surface water system, or receiving waters;

3. The applicant has demonstrated that approval of the proposal is necessary for the reasonable development or maintenance of the property;

4. The proposal is not in a critical area or critical area buffer, or, if in a critical area or critical area buffer, complies with Part 20.25H LUC, now or as hereafter amended; and

5. If a discretionary land use approval pursuant to the provisions of Chapter 20.30 LUC, now or as hereafter amended, or environmental (SEPA) review is required, the clearing and grading permit shall not be issued until the land use approval and the SEPA determination are final pursuant to LUC 20.35.045, now or as hereafter amended.

C. If construction necessitates access, construction, or intrusion onto or across property not under the applicant’s control, then the applicant must provide the city with a copy of a valid construction easement or right of entry before the permit can be issued.

D. The permit may be issued to the property owner or his/her agent. Both the property owner and the agent will be considered the permittee and are each responsible for ensuring compliance with the terms of the permit. (Ord. 6318 § 16, 2016; Ord. 5906 § 8, 2009; Ord. 5452 § 4, 2003; Ord. 4754 § 2, 1995. Formerly 23.76.030.)