Chapter 16.30
EROSION AND SEDIMENT CONTROL
Sections:
16.30.010 Purpose.
16.30.020 Permit required.
16.30.030 Recodified.
16.30.040 Application forms.
16.30.050 Review.
16.30.060 Bonding.
16.30.070 Appeals.
16.30.080 Recodified.
16.30.090 Liability.
16.30.100 Repealed.
16.30.010 Purpose.
The City Council finds and determines that the public health, safety and general welfare require the regulations hereinafter imposed in connection with certain land alteration and use activities, to control, limit and manage erosion and sedimentation, to protect and maintain the hydrologic balance of watersheds and watercourses, preserve wildlife and aquatic habitat and to protect the life and property of individuals in and adjacent to the City. (Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.020 Permit required.
It is unlawful to grub, clear, grade, fill, excavate, quarry, mine and/or stockpile soil on any property within the City of Issaquah or improve or develop any such property without a permit issued for erosion and sedimentation control. (Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.030 Application fees.
Recodified to IMC 3.65.040(G) by Ord. 2259. (Ord. 2480 § 1, 2006; Ord. 1913 § 15, 1991; Ord. 1582 § 1, 1983).
16.30.040 Application forms.
Application for erosion and sedimentation permits shall include the following:
A. The name and address of the applicant;
B. A legal description of the property to which the application relates;
C. The name and address of the owner or owners of said property;
D. A general description of the land alteration, construction or other activity contemplated;
E. A proposed erosion and sediment control plan in conformity with Chapter 13.28 IMC and the City’s T.E.S.C. Wet Weather Policy dated September 2006 and as modified in the future;
F. Such other information as the Public Works Director may require; and
G. Consent by or on behalf of the owner or owners of the property to enter upon the property by the Public Works Director or his authorized agent during the period of installation of erosion and sedimentation facilities, for purposes of inspection. (Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.050 Review.
The Director of Public Works shall review the applications and plans submitted in accordance with IMC 16.30.040. The plan shall provide for the following:
A. Temporary Erosion and Sedimentation Control.
1. A temporary erosion and sedimentation control plan is required for all construction requiring a Public Works Permit for clearing and grading (Chapter 16.26 IMC) prepared in accordance with Chapter 13.28 IMC and the City’s T.E.S.C. Wet Weather Policy dated September 2006 and as may be modified by the Director in the future. The plan shall clearly indicate the construction sequence for establishment of all erosion control work, both temporary and permanent for the drier season and wetter winter months. The T.E.S.C. Plan for Wet Weather shall provide a monitoring discharge point for each plan to allow turbidity monitoring of water being discharged. The plan shall be designed by, and carry the seal of, a civil engineer and/or an erosion control specialist. The erosion control plan shall be based on the best available technology for water quality and quantity control.
2. Temporary erosion and sedimentation control devices shall be maintained by the permittee until all possibility for erosion has passed and permanent vegetation has been established, as determined by the Permit Authority.
B. Permanent Erosion Control and Vegetation Restoration.
1. Permanent erosion control shall be considered and set forth in the original design of the project to provide erosion control following completion of construction.
2. Erosion control shall include, but not be limited to, permanently installed landscaping, terracing or other grading design methods, drainage control structures such as ponds or catchbasins, and retention or reestablishment of native vegetation.
3. Vegetation shall be restored as specified by the Permit Authority on those areas of the site disturbed by the land alteration activity which are not covered by permanent impervious surface improvement (e.g., buildings, parking lots, etc.) within 7 days of the completion of grading or clearing, unless seasonal or weather conditions are unfavorable. In this case, temporary erosion control measures shall be installed and maintained until restoration can be completed. The soils shall be stabilized in the area of vegetation restoration prior to that restoration to the satisfaction of the Permit Authority. (Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.060 Bonding.
The Director shall require the applicant to post adequate security, in the form of a bond or other approved form, in an amount sufficient to assure compliance with the terms of the approved permit for sediment and erosion control, including an amount necessary to cover failure to maintain the erosion and sediment control facilities. (Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.070 Appeals.
The decision of the Public Works Director on any application for an erosion and sedimentation control permit shall be appealable to the Mayor. The Mayor is authorized to delegate responsibility for hearing and deciding the appeal to the City Administrator. The procedures for filing and hearing such appeal shall be as follows:
A. A person must file a written notice of appeal within 14 calendar days of the date of the decision being appealed and pay an appeal fee of $500.00.
B. The notice of appeal should state clearly the grounds for appeal. The notice of appeal together with the $500.00 nonrefundable appeal fee shall be submitted the Permit Center no later than 5:00 p.m. on the fourteenth calendar day following the date of decision.
C. Upon timely receipt of such notice of appeal, and payment of the fee, the City will schedule an appeal hearing within 14 days.
D. Type of appeal: open record.
E. Judicial appeals (appeal of the appeal decision) are appealable to King County Superior Court (Chapter 36.70C RCW). (Ord. 2480 § 1, 2006; Ord. 2301 § 5, 2001; Ord. 1645 § 4, 1984; Ord. 1582 § 1, 1983).
16.30.080 Inspection fees.
Recodified to IMC 3.65.040(H) by Ord. 2259. (Ord. 2480 § 1, 2006; Ord. 1913 § 16, 1991; Ord. 1582 § 1, 1983).
16.30.090 Liability.
The City by this chapter has undertaken to protect the public health and safety and maintain environmental quality by imposing only minimum standards for the control of soil erosion and water sedimentation. By this chapter the City has not assumed the responsibility to any particular individual or entity for protecting persons or property from injury or damage caused by erosion and sedimentation and the City therefor does not by this enactment assume any liability for the actions or inactions of its officers, employees or agents in the application and enforcement of the provisions of this chapter. (Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.100 Exemptions.
Repealed by Ord. 2480. (Ord. 2233 § 5, 1999; Ord. 1582 § 1, 1983).