Chapter 18.40
GRADING AND RETAINING WALLS
Sections:
18.40.000 Grading.
18.40.010 Retaining walls.
18.40.020 Prohibited rockeries.
18.40.000 Grading.
A. Grading Defined. “Grading” shall be as defined in the International Building Code.
B. Permit Required. Except as provided in ECDC 19.00.010 and below, no person shall do any grading without first obtaining a permit from the building official. For grading proposed in conjunction with an approved subdivision or short plat, a separate grading permit is not required; however, grading plans and details shall be included on the subdivision/short plat civil plans, and plan approval by the city engineer will constitute approval of the grading.
C. Application. The building official shall establish submittal requirements for application, review and approval of grading permits. For grading proposed in conjunction with an approved subdivision or short plat, as a minimum, all submittal requirements established by the building official for grading permits shall be included on or submitted with the subdivision or short plat civil plans, and grading plans and calculations shall be prepared, stamped and signed by a Washington State licensed professional engineer. [Ord. 3663 § 1, 2007].
18.40.010 Retaining walls.
A. Retaining Walls Defined. “Retaining walls,” including shoring structures, are structural systems that provide lateral support for vertical or near-vertical slopes in soil, including fill. The term “retaining wall” shall not include a rockery, and the city of Edmonds does not consider rockeries to be retaining walls. A rockery is a combination of rocks intended for erosion control or protection of a freestanding cut slope in firm, stable, undisturbed and competent native soil, or as a landscaping feature.
B. Permit Required. Except as provided in ECDC 19.00.010 and herein below, no person shall erect a retaining wall without first obtaining a permit from the building official. For retaining walls proposed for construction in conjunction with an approved subdivision or short plat, a separate retaining wall permit is not required; however, retaining wall details shall be included on the subdivision/short plat civil plans, and plan approval by the city engineer will constitute retaining wall approval.
C. Application. The building official shall establish submittal requirements for application, review and approval of retaining wall permits. For retaining walls proposed for construction in conjunction with an approved subdivision or short plat, as a minimum, all submittal requirements established by the building official for retaining wall permits shall be included on or submitted with the subdivision or short plat civil plans. [Ord. 3663 § 1, 2007; Ord. 2916 § 1, 1993. Formerly 18.40.020].
18.40.020 Prohibited rockeries.
A. The following types of rockeries are prohibited. No person shall construct a rockery within the city of Edmonds under the following circumstances or in the following situations:
1. No rockery may encroach into or be located in, over or on any city right-of-way. The term “right-of-way” shall include developed or undeveloped rights-of-way. Rockeries on private property adjacent to city right-of-way must be set back from the city right-of-way a minimum horizontal distance equal to the height of the rockery.
2. No rockery shall be constructed over a public utility easement (recorded or prescribed).
3. No rockery shall be constructed in a manner which adversely affects drainage or creates a sight distance hazard as determined by the city engineer.
4. No rockery shall support a surcharge. The term “surcharge” shall have that meaning assigned in the state-adopted building code.
5. No rockery shall impound flammable materials. Flammable materials are materials as regulated by the state-adopted fire code.
6. No rockery may exceed three feet in setback area height within a setback. The term “setback area height” is defined as the height measured vertically from the original grade of the soil to the highest point of the uppermost rock. It is the property owner's responsibility to verify original grade and compliance with setback area height by submitting a professional land surveyor letter and section view when an enforcement action is initiated due to a violation of this section.
7. No rockery shall be placed against fill where the rockery exceeds three feet in height. The height of a rockery shall be determined as the height measured vertically from the finished grade of the soil at the exposed toe of the rockery to the highest point of the uppermost rock. It is the property owner's responsibility to establish a defense to any enforcement action initiated due to a violation of this section by verifying the finished grade and compliance with maximum allowable height by submittal of a professional land surveyor letter and section view.
8. Rockeries are prohibited in designated geologically hazardous areas other than erosion hazard areas as defined in Chapter 23.80 ECDC and within the designated earth subsidence landslide hazard area of North Edmonds unless as provided by ECDC 19.10.070(E).
9. No rockery shall exceed 12 feet in height. The height of a rockery shall be determined as the height measured vertically from the finished grade of the soil at the exposed toe of the rockery to the highest point of the uppermost rock. It is the property owner's responsibility to verify finished grade and compliance with maximum allowable height by submitting a professional land surveyor letter and section view when an enforcement action is initiated due to a violation of this section.
B. No person shall construct a prohibited rockery in the city of Edmonds. The violation of any provisions of this section shall be punishable as a misdemeanor in accordance with the provisions of the Edmonds City Code. It shall be a separate offense for each and every day or portion thereof during which any violation of any provisions of this section is committed or allowed to continue. Construction of a rockery prior to October 1, 2007, shall be an affirmative defense to an enforcement action for violation of this section.
C. In addition to the preceding criminal remedy, the construction of a prohibited rockery after October 1, 2007, shall be considered a nuisance and shall be subject to abatement in accordance with the civil enforcement procedures of Chapter 20.110 ECDC. [Ord. 3663 § 1, 2007].