23.76.093 Temporary restrictions on clearing and grading.
A. Clearing and grading may be permitted to continue or to be initiated during the rainy season only if the director grants specific approval per subsection C of this section. In determining whether to permit rainy season construction, the director shall consult with the Bellevue utilities department. Such consultation shall occur on a regular basis to ensure consistent implementation of the city’s environmental and water quality policies and shall occur as needed regarding individual projects on specific sites.
B. If clearing and grading is prohibited during the rainy season, building construction may nonetheless proceed as long as necessary clearing and grading is complete and effective erosion control is in place and effectively maintained, as described in BCC 23.76.090, now or as hereafter amended.
C. The director may grant approval to initiate or continue clearing or grading activity during the rainy season only if, based on an evaluation of site and project conditions, the director determines the proposal ensures slope stability and adequately protects receiving waters from increased erosion and sedimentation during construction. The evaluation of site and project conditions shall include, but not be limited to, an evaluation of the following:
1. Whether the clearing and grading is near completion if the project is already underway;
2. Average existing slope of the site;
3. Quantity of proposed cut and/or fill;
4. Classification of the predominant soils and their erosion and runoff potential;
5. Proposed deep utility installation;
6. Hydraulic connection of the site to features which are sensitive to the impacts of erosion/sedimentation;
7. Ability to phase clearing and grading and to create a feasible clearing and grading schedule;
8. Extent of clearing and grading BMPs proposed, and, if the project is underway, the permittee’s historical record at controlling erosion and sedimentation.
D. Determinations under subsection C of this section shall be made by the director on a site-specific basis. However, the following limitations apply:
1. Rainy season construction generally will be prohibited for proposals requiring large-scale clearing and grading.
2. Rainy season construction generally will be approved for smaller-scale clearing and grading proposals that have limited shallow utility installation and are on sites with less than 15 percent slopes, predominant soils that have low runoff potential, and are not hydraulically connected to sediment/erosion-sensitive features.
3. Rainy season construction generally will be approved if extraordinary BMPs to control erosion/sedimentation and slope stability are proposed and included in the construction stormwater pollution prevention plan and when:
a. Moderate scale clearing and grading is proposed;
b. The proposal involves deep utility installation; or
c. The proposal is located on sites with greater than 15 percent slopes, soils with a high runoff potential, or sites hydraulically near a sediment/erosion-sensitive feature.
E. Whenever rainy season clearing and grading is allowed, the permittee may be required to implement extraordinary BMPs as described in BCC 23.76.090(E), now or as hereafter amended, if the BMPs that are initially implemented are not working. If the permit was issued in the dry season, and work is allowed to continue in the rainy season, the city may modify the previously issued permit to require additional, extraordinary BMPs.
F. If a clearing and grading permit is issued, and the city subsequently issues three stop work orders (or fewer as provided in the conditions of the project permit) for insufficient erosion and sedimentation control, the permit will be suspended until the dry season, or, if violations occurred in the dry season, until weather conditions are favorable and effective erosion and sedimentation control is in place. The director may reinstate the permit within 60 days of suspension upon finding that satisfactory erosion and sedimentation control measures will be maintained by the permittee.
G. At any time, the director has the authority to temporarily stop clearing and grading during periods of heavy rain.
H. When clearing and grading is suspended during the rainy season or interrupted at any time of the year due to heavy rain or for other reasons, the permittee shall stabilize the site and maintain the erosion control BMPs. If the city deems a construction site abandoned, the permittee shall install permanent erosion and sedimentation measures pursuant to BCC 23.76.090(F), now or as hereafter amended. (Ord. 6318 § 26, 2016; Ord. 5906 § 16, 2009; Ord. 5452 § 14, 2003; Ord. 4754 § 2, 1995.)