Chapter 16.26
CLEARING AND GRADING
Sections:
16.26.010 Purpose.
16.26.020 Description.
16.26.030 Definitions.
16.26.040 Permit required.
16.26.050 Regulations.
16.26.060 Application – Review.
16.26.080 Variance.
16.26.090 Appeals.
16.26.100 Permit fees.
16.26.110 Expiration of permits and applications.
16.26.120 Security.
16.26.130 Indemnification.
16.26.135 Insurance.
16.26.140 Notification of completion.
16.26.150 Stop work orders/permit revocation.
16.26.160 Obligation of person performing work.
16.26.170 Project inspection.
16.26.180 Notice to proceed authorized.
16.26.185 Conversion of property from forestry practices – Six (6) year moratorium on nonforestry development.
16.26.190 Enforcement.
16.26.010 Purpose.
The purpose of this chapter is to promote, protect and preserve the public interest by regulating land alteration, particularly the clearing and grading of land in the City. This chapter is necessary in order to provide development regulations and construction procedures for protecting and preserving the natural qualities of lands and watercourses within the City; to minimize water quality degradation and the sedimentation of creeks, streams, ponds, lakes, wetlands and other water bodies; to minimize the impact of increased runoff, erosion and sedimentation caused by improper land development and maintenance practices; to preserve and enhance, to maintain and protect groundwater resources; to minimize adverse effects of alterations in ground and surface water quantities, locations and flow patterns; to promote safety upon City roads and rights-of-way; to decrease potential landslide, flood and erosion damage to public and private property; and to promote site planning and building practices which are consistent with the City’s natural topographical, vegetational and hydrological features while allowing for the removal of vegetation and grading activities.
This chapter is intended to require that development in environmentally critical areas be accomplished in a manner which protects those areas from damage or degradation.
This chapter is also intended to promote the health, safety and welfare of the public and nothing in this chapter is intended to or shall be deemed to create a duty in the City to protect or promote the interests of any particular person or class of persons. The existence of these regulations or any failure, refusal or omission of the City to enforce any provision in this chapter shall not prevent, supplant or affect the right of any person affected by the clearing and grading operations of another to invoke such private remedies as may be available against each other person. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.020 Description.
This chapter sets forth rules and regulations to control land clearing, excavation, grading and earthwork construction, including cuts, fills, and embankments; establishes the administrative procedure for issuance of permits; provides for approval of plans and inspection of clearing and grading projects; and provides for enforcement and penalties. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.030 Definitions.
For the purpose of this chapter, the words set out in this section shall have the following meanings:
“Applicant” shall mean the individual, partnership, association or corporation applying for a permit to do the work under this chapter and includes property owners, employees, agents, consultants, contractors and successors in interest.
“Approval” means approval by the designated permit authority for the clearing and grading permits.
“Civil engineer” means a professional engineer licensed by the State of Washington in civil engineering.
“Civil engineering” means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
“Clearing” means the act of destroying or removing vegetation by mechanical or chemical means.
“Director” means the Director of Public Works or an authorized agent of the Public Works Department.
“Environmentally critical lands” include, but are not limited to, the following:
1. Critical areas and their buffers as defined in Chapter 18.10 IMC;
2. Other areas which may be identified by the City in accordance with the provisions of the State Environmental Policy Act.
“Excavation” means the physical, manmade removal of earth material.
“Existing grade” means the land surface elevation prior to grading activity.
“Existing site” means the site prior to any clearing and grading activity or any site prior to the passage of the ordinance codified in this chapter.
“Fill” means a deposit of earth material placed by artificial means which increases the ground surface elevation.
“Finished grade” means the land surface elevation of the site after alterations are completed.
“Geotechnical engineer” means a professional civil engineer licensed by the State of Washington who is qualified by reason of experience and education in the practice of evaluating and predicting the engineering properties of soils and geologic formations or a professional engineering geologist licensed by the State of Washington.
“Grade” means the vertical elevation of the ground surface.
“Grading” means any act which changes the elevation of the ground surface.
“Green belt” means an open area which may be landscaped or maintained in a natural state surrounding development or used as a buffer between land uses or maintained as the edge of an urban or developed area.
“Grubbing” means the act of root vegetation removal from beneath the ground surface.
“Native growth protection easement (NGPE)” means an easement granted to the City for the protection of native vegetation within a critical area or its associated buffer.
“Permit Authority” means the Director of Public Works. He/she may designate subordinates to make approvals, sign permits and carry out other responsibilities in application of this chapter.
“Permittee” means the person(s) or entity to whom a permit is issued for clearing and/or grading purposes.
“Registered professional” means a person currently licensed by the State to practice in engineering, engineering geology, geology, hydrogeology, architecture, landscape architecture or surveying.
“Regulatory agencies” means appropriate departments of a governmental body with permitting or decision-making authority relative to an action.
“Significant trees” are any trees at least 30 feet tall or 6 inches in caliper at 4.5 feet above ground.
“Site” means that defined portion of any lot(s) or parcel(s) of land or contiguous combination thereof, where clearing or grading is performed or permitted.
“Slide” means the movement of a mass of loosened rocks or earth down a hillside or slope.
“Slope” means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance or as an angle from the horizontal. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.040 Permit required.
A. No person shall make changes or cause changes to be made in the surface of any land by grading, excavating, clearing or disturbing the natural topsoil, vegetation other than trees, thereon without first obtaining a valid Public Works Permit allowing clearing and grading or having ascertained that a valid permit has been issued, except as provided in the following exemptions, and except where other permits have been issued to perform activities which additionally permit clearing and grading under the specific conditions set forth in such permits.
B. When an application for clearing and grading is submitted to the City, it shall be accompanied by a tree plan as required by Chapter 18.12 IMC, and a temporary erosion and sediment control (TESC) plan that complies with the requirements in Chapter 13.28 IMC, Stormwater Management Policy, and Chapter 16.30 IMC, Erosion and Sediment Control.
C. Within 28 days of receipt of such application and plans, the Director of Public Works shall make a complete application determination in accordance with IMC 18.04.150, Complete application – Sufficiency review.
D. The following activities are exempt from compliance with this chapter:
1. An excavation below finish grade for basements and footings of a building retaining wall or other structure or activity authorized by any valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavations having an unsupported height greater than 5 feet after the completion of such structure. See also IMC 16.26.050(B)(4);
2. The clearing by a public agency within a public right-of-way or upon an easement, for the purpose of installing and maintaining water, storm, or sanitary sewer mains. The clearing by a franchised utility within a public right-of-way for the purpose of installing and maintaining power, gas or communication lines;
3. The cutting of nonprotected, protected and significant trees as defined in Chapter 18.12 IMC. (All tree removal activity must be permitted by the City under Chapter 18.12 IMC);
4. Routine landscape maintenance involving not more than 30 cubic yards of excavation and fill on a single parcel of property within a consecutive 12-month period;
5. Landscape installation where fill is confined to less than 1 foot of topsoil or landscape berms not exceeding 4 feet in height and 30 cubic yards in volume with side slopes flatter than 3 feet horizontal to 1 foot vertical (33 percent);
6. Emergency situations involving immediate danger to life or property, substantial fire hazards or other public safety hazards within 7 days of the onset of the emergency or during the period covered by an emergency declaration by the City; provided verbal authorization is provided by the City and followed up with written authorization communicating the need and verifying the nature of the emergency;
7. In any 12 consecutive months an excavation of less than 50 cubic yards of materials which:
a. Is less than 2 feet in depth; or
b. Which does not create a cut slope greater than 5 feet in height and steeper than 2 horizontal feet to 1 vertical foot;
8. Routine agricultural activities such as plowing, harrowing, disking, ridging, listing, leveling and similar operations to prepare a field or crop;
9. Clearing or grading less than 1,000 square feet where the existing zoning is single-family residential;
10. The fill or excavation of less than 500 cubic yards or clearing of less than 6,000 square feet in association with mineral resource extraction or processing in a mineral resource zone (“M”) regulated by IMC 18.07.525;
11. Cemetery graves;
12. Except for subsections (D)(2) for maintenance only, (D)(6), and (D)(10) of this section, the exemptions set forth in this section shall not apply to activity within critical areas and associated buffers as defined by Chapter 18.10 IMC;
13. Removal of nonnative invasive plant species from environmentally critical lands and native growth protection easements in accordance with IMC 18.10.400.
E. Expiration of Inactive Applications. Public Works Permit applications for clearing and grading shall be closed by the Permit Center and deemed “inactive” if there has been no applicant activity for any 6-month period after the date the application is deemed sufficient, or from the date the active permit was issued, or within a specified time which has been mutually approved in writing by the applicant and the Permit Center. The applicant shall be responsible for notifying the Permit Center, in writing, if delays or unforeseen circumstances are impacting the completion of the application and review process. If an application file or permit has been closed by the Permit Center, the applicant must submit a new application and fee based on the rules and regulations of the currently adopted code in order to begin the review process of that proposed development. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2546 § 6, 2008; Ord. 2487 § 1, 2007).
16.26.050 Regulations.
It is the intent of this section to promote practices consistent with the City’s natural topographic, vegetational, and hydrologic features, and to control substantial land alterations. In considering whether to issue a permit, and in considering whether and what type of conditions should be imposed thereon, the Permit Authority shall apply the following standards and criteria:
A. Permit Issuance. A Public Works Permit for clearing and grading shall be issued only in conjunction with 1 or more of the following:
1. Project permits as defined in IMC 18.02.180 including: Building Permits, Shoreline Substantial Development Permits, Site Development Permits, and other land use and environmental permits and licenses required from the City; provided, that a Clearing/Grading Permit may be issued prior to master site plan approval when all of the approval criteria in IMC 18.07.660 are met; and, for development in the Community Facilities – Facilities and Community Facilities – Recreation zones when all of the following criteria are met:
a. A complete land use application has been filed with and accepted by the Permit Center; and
b. A drainage plan and a temporary erosion and sediment control (TESC) plan that complies with the requirements in Chapter 13.28 IMC, Stormwater Management Policy, and Chapter 16.30 IMC, Erosion and Sediment Control, has been reviewed and approved by the Director; and
c. A critical areas study consistent with IMC 18.10.410 has been reviewed and approved and no filling, clearing or grading is proposed within a critical area or critical area buffer; and
d. All fill material shall be approved by the Director and graded to approved uniform contours; and
e. SEPA review of the project is complete, including the issuance of the final environmental impact statement if required;
2. Approved street, water, storm and sanitary sewer construction drawings for a preliminary plat or approved short plat; provided, that approval will only be given for infrastructure construction, not for the clearing or grading of an individual building site;
3. Utility extension approved by the Director;
4. Property access road to existing developed property;
5. Activities requiring the issuance of a permit for clearing and grading on existing developed property;
6. Special permission of the Permit Authority for site work under 500 cubic yards based on a demonstration that extenuating circumstances are present, that the project is consistent with the intent and purposes of this chapter, and only in conjunction with a clearing, grading and drainage plan with erosion and sedimentation control, landscaping, soil stabilization and surface groundcover elements including continuous maintenance.
B. Clearing. All clearing of vegetation shall conform to the specifications of this section, unless such clearing qualifies as an exemption under IMC 16.26.040(D).
1. Existing vegetation shall be preserved, replaced or restored in accordance with the approved landscaping plans and in accordance with Chapter 18.12 IMC.
2. Except where clearing is permitted under IMC 16.26.040(D)(12), no clearing shall be allowed in an environmentally critical area without a Public Works Permit for clearing and grading and such other approvals as may be required by the Issaquah Municipal Code.
3. No clearing shall be allowed in any designated native growth protection easement, critical area or greenbelt without a Public Works Permit for clearing and grading and such other approvals as may be required by the Issaquah Municipal Code. The limits of the native growth protection easement, critical area or greenbelt shall be fenced during all construction-related activities or per the requirement of the related permit prior to any clearing adjacent to any native growth protection easement or greenbelt.
a. Protected areas such as native growth protection easements (NGPE), wildlife corridors, or wetlands shall be posted with permanent signs at the boundaries of the protected area. Design and location of the protective signs shall be approved by the Permit Authority.
b. Protective fencing with temporary signs shall be installed around all critical areas including, but not limited to, NGPE, wildlife corridors, or wetlands prior to any construction, or as required by the Permit Authority.
c. Protective fencing shall be installed around all trees to be saved in accordance with the approved tree plan prior to any construction.
d. For any construction activities permitted within 100 feet of a critical area buffer, the applicant may be required to hire an independent qualified professional, acceptable to the Permit Authority, to be on site during construction to ensure construction does not exceed the limits indicated on this permit. Following construction activities, a licensed surveyor shall submit an affidavit to the Permit Authority attesting that the construction was contained within the approved limits.
4. No clearing shall be allowed on any property, including single-family lots without meeting the requirements set forth in this section and IMC 16.26.060.
5. In no case shall the period between the completion of work authorized under this chapter and final and complete restorative vegetation planting for a given project or project phase be more than 1 year. The planting shall restore the vegetation on the site to the new approved plans or, if no new approved plans, then to a condition equal to or better than the pre-cleared condition to the maximum extent possible as determined by the Permit Authority.
6. Rockeries are considered to be an erosion protection method and may be used to protect cut slopes of up to 8 feet in height or fill slopes of up to 3 feet in height if constructed in accordance with the street standards. Cut or fill slopes of up to 12 feet in height may be protected by a rockery if a civil engineer or engineering geologist evaluates the slope and demonstrates with engineering calculations as outlined in the development standards that the cut or fill slope is suitably stable to be protected by a rockery. The civil engineer or engineering geologist shall also provide recommendations for rockery construction. Construction observation reports shall be submitted by the civil engineer or engineering geologist prior to acceptance of the project by the City.
7. Final Reports. Upon completion of the work, a mylar as-built drawing stamped by both a registered Washington professional engineer and licensed surveyor, of all infrastructure (water, sewer, and stormwater utilities and roads) that will be owned and operated by the City or are connected to the City’s system shall be required. No matter who owns or operates the stormwater infrastructure or where it discharges, the as-built mylars should show the stormwater facilities. In addition to the mylar as-built drawings, the permit holder is responsible to provide the City with an AutoCad drawing of the as-built conditions in a format determined by the City upon completion of the work. The Permit Authority may require additional information in respect to any significant deviations from the approved plans, specifications or reports.
C. Grading. Changes in the site topography shall conform to the following restrictions:
1. Fills in areas of special flood hazards shall conform to Chapter 16.36 IMC.
2. The maximum surface grade on any artificially created slope shall be 2 feet horizontal run to 1 foot vertical fall. The grade may be increased through engineering calculations to that grade which is stable with a 1.5 factor of safety.
3. The permittee shall at all times protect improvements to adjacent private properties and public rights-of-way or easements from damage during grading operations. The permittee shall restore public improvements damaged by his/her operations to the standards in effect at the time of the issuance of the permit.
4. If construction vehicles will be refueled on a construction site or the quantity of hazardous materials that will be used or stored on the construction site exceeds 20 gallons, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles, persons obtaining construction permits shall:
a. Provide information to the Public Works Department regarding the types and quantities of hazardous materials that will be on site; and
b. Ensure that proper BMPs are used to prevent and respond to spills.
5. An imported fill source statement is required with the Clearing and Grading Permit for all projects where more than 100 cubic yards of fill will be imported to a site. Fill material and soil amendments shall not contain concentrations of contaminants that exceed cleanup standards for soil as specified in the Model Toxics Control Act (MTCA). The City may require analytical results to demonstrate that fill materials do not exceed cleanup standards when conditions are determined to require additional review. The imported fill source statement shall include:
a. Source location of imported fill; and
b. Previous land uses of the source location.
D. Drainage and Temporary Erosion and Sediment Control. All clearing and grading activities shall make provisions for drainage and temporary erosion and sediment control pursuant to the requirements set forth in Chapter 13.28 IMC, Stormwater Management Policy, and Chapter 16.30 IMC, Erosion and Sediment Control.
E. Clearing and Grading on Environmentally Critical Lands.
1. Any activity governed by this chapter is prohibited on environmentally critical lands except (i) where clearing and grading is permitted under IMC 16.26.040(D)(12), and (ii) except for activities conducted in connection with the approved use allowed under the Issaquah Land Use Code and only where such activity, in the opinion of the Permit Authority, can be accomplished in a manner which meets the following criteria:
a. Assures the protection and safety of property, public and private;
b. Is harmonious with the existing natural environment;
c. Will not result in significant erosion causing rilling, sedimentation, water quality degradation, and siltation on site or in downslope or downstream areas;
d. Assures long-term slope and soil stability with minimum maintenance or replacement costs;
e. Provides reasonable financial assurance in a form approved by the permit provided.
2. Essential public services will be permitted where no feasible alternative exists in which event the development shall be accomplished in a manner which assures the protection and safety of persons and property, public and private.
3. For critical areas as defined in Chapter 18.10 IMC, special, more stringent conditions than otherwise provided for herein may be required by the Permit Authority if in the opinion of the Permit Authority for reasons of health and safety, stability or environmental sensitivity, such special conditions are needed to mitigate adverse impacts.
4. Any person who alters a critical area as defined in Chapter 18.10 IMC without a permit, in violation of a permit, or in any way not permitted, and any property owner upon whose property such an area has been so altered, shall submit a plan for restoration to the Permit Authority. Upon approval of the restoration plan and other necessary permits, the person or property owner, or both, shall restore the critical area in accordance with the approved plan at his/her expense pursuant to a schedule approved by the Permit Authority.
5. Restoration Plan Requirements.
a. The Permit Authority shall specify plan submittal requirements, including the type, level of detail and number of copies for an enhancement or restoration plan to be deemed complete and acceptable. See IMC 16.26.060(C).
b. The Permit Authority may waive plan submittal requirements determined to be unnecessary, or may require additional material necessary to fully review the proposed restoration or enhancement.
F. Maintenance. It shall be the responsibility of the permittee to maintain all erosion control and drainage devices in good operating condition during the lifetime of the permit. The permittee shall clean and repair or replace all erosion control facilities or devices as often as necessary and as directed by the Permit Authority to maintain their effectiveness and level of performance. In addition, the permittee shall be responsible for assuring that any such facilities damaged during floods, storms, or other adverse weather conditions are returned to normal operating condition within 24 hours of receipt of notice from the storm and surface water utility.
G. General.
1. Phased construction may be approved by the Permit Authority only if each phase of the project includes construction of the necessary drainage and erosion control facilities and if a phasing plan is approved by the Permit Authority.
2. Activities governed by this chapter shall not be commenced or continued during unfavorable weather conditions as determined by the Permit Authority unless authorized in writing by the Permit Authority based on a demonstration of an emergency situation.
3. No work shall occur under a clearing and grading permit within a critical area, critical area buffer or setback area that is adjacent to a critical area between October 1st and April 1st, unless otherwise authorized in writing by the Permit Authority.
4. All work permitted under this chapter shall proceed continuously to completion in an expeditious manner unless authorized by the Permit Authority because of weather conditions or because of the need to coordinate other construction on that site. If work is interrupted or abandoned, proper steps shall be taken to safeguard the site as approved or required by the Permit Authority.
H. Property Posting. The applicant may be required to:
1. Post a “Notification of Construction” sign on the project site at least 14 calendar days prior to the commencement of construction activity. The responsibility for posting the sign rests with the project applicant. The sign shall be designed as follows:
a. Size. 4 by 4 feet, constructed of wood;
b. Color. White background, black lettering;
c. Lettering Style. Helvetica or similar style; signs shall be prepared using templates or attachable letters. Hand-lettered signs are not acceptable;
d. Content of Sign/Notice. The title shall be in 3-inch capital letters, and the remaining sign contents shall be in 1.5-inch upper and lower case (see Permit Center for diagram).
i. The title “NOTICE OF LAND USE/CONSTRUCTION ACTION”;
ii. “City of Issaquah”;
iii. “Project Description” (for example “Master Site Plan” or “Site Development Permit”);
iv. “Project Location”;
v. An 8.5 x 11-inch space in the lower right-hand corner for the posting of other information;
vi. The name, address and telephone number of the general contractor;
vii. The name, address and telephone number of the Public Works Department;
viii. Other information as the Public Works Director may determine to be necessary to adequately notify the public of the pending land use application;
e. Location. The sign shall be installed:
i. Midpoint on the street frontage from which the site is addressed or as otherwise directed by the Public Works Director;
ii. At either a location 10 feet back from the property line or signs which are structurally attached to an existing building shall be exempt from the setback provision; provided, that no sign is located more than 10 feet back from the property line without approval from the Public Works Director; and
iii. The sign must be easily read from the surrounding vicinity and must not be visually obstructed in any way, including, but not limited to, obstruction by vegetation or any other obstruction;
f. Installation. The sign must be secured to a 4-inch by 4-inch wood post, long enough to set the post 36 inches below grade and back fill with dirt. (See Permit Center for diagram);
g. Certification of Installation. The project applicant must notify the Permit Center that the sign has been posted to proper specifications by submitting a signed “Notification of Signage Installation” to the Permit Center (obtain such forms at the Permit Center). (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2546 § 6, 2008; Ord. 2500 § 3, 2007; Ord. 2487 § 1, 2007).
16.26.060 Application – Review.
A. The applicant shall file a written application on the form furnished for the purpose which shall include:
1. The name and address of the applicant, contractor and project engineer;
2. Address of the legal property owner if other than the applicant;
3. A legal description of the property to which the application applies;
4. A description of work covered by the permit;
5. The use of occupancy for which the proposed work is intended;
6. An estimate of the quantities of work to be done to include: area under application; area to be cleared; amount of fill; amount of excavation; impervious area; slope of site;
7. A description of any potential hazards, including but not limited to slides, erosion, siltation, flooding;
8. A description of past land use activities at the site, including environmental assessments (Phase 1 and Phase 2) prepared for the site;
9. A statement that the project and all ground disturbance is confined to the permitting property;
10. A statement declaring whether the property is in the 100-year floodplain and whether it is within 200 feet of any stream, surface water, drainage course or wetland;
11. The signature of the permittee or his agent who may be required to show proof of authority; and
12. Completed environmental checklist in compliance with the State Environmental Policy Act (SEPA).
B. Plans and Specifications. Each application shall be accompanied by 5 sets of plans and specifications including calculations. The plans and specifications shall be prepared by a registered professional engineer and have his/her stamp affixed. The plans and specifications shall include:
1. Map scale, information on plans and specifications. Plans shall be drawn on 24-by-36-inch sheets with a scale of 1 inch representing 20 horizontal feet and 1 inch representing 5 vertical feet.
2. Vicinity Map. General vicinity of the proposed site showing adjacent land uses on a 1 inch representing 500 feet scale map.
3. Property and Contour Lines. Property limits and accurate contours of not greater than 5-foot intervals of existing ground and details of terrain and area drainage. Contour intervals shall extend a minimum of 100 feet off-site.
4. Finish Contours. Limiting dimensions, elevations and finished contours of not greater than 5-foot intervals to be achieved by the grading and proposed drainage channels and related construction.
5. Existing Natural Drainage Systems. Existing natural drainage systems including both perennial and intermittent streams and the bordering vegetation.
6. Drainage Control. Detailed plans and technical information report (TIR) showing how drainage is addressed in accordance with Chapter 13.28 IMC.
7. Temporary Erosion and Sediment Control (TESC). Detailed TESC plans and associated documents prepared in accordance with Chapter 16.30 IMC, Erosion and Sediment Control. Chapter 16.30 IMC references the design standards in Chapter 13.28 IMC, Stormwater Management Policy, and the Surface Water Design Manual.
8. Proposed building plans, grading contours (existing and proposed), all utilities (including but not limited to water, sanitary sewer, stormwater, power, gas, telephone, cable, etc.), the area to be graded or cleared and the tree preservation plan developed in accordance with Chapter 18.12 IMC must be shown on one sheet. Where applicable and necessary these items may also be required to be shown on individual plan sheets too. Trees to be removed or altered in any way must be marked in the field, matched on the tree plan and tree replacement plan submitted to the Permit Authority, and approved for removal or alteration by the Permit Authority.
9. Location of Structures. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 100 feet of the property or which may be affected by the proposed grading operation.
10. Rehabilitation Plan. A plan shall be submitted setting forth the proposed rehabilitation of the tract to the approved new use. A rehabilitation contour plan shall be included indicating the general grades and slopes to which excavated areas are to be graded. A description of the methods and materials proposed for restoration of topsoil shall be provided. The rehabilitation plan shall also include a schedule indicating how and when restoration will occur before, during, and after excavation operations. Rehabilitation shall be planned in stages compatible with continuing operations. The rehabilitation schedule shall include specific information relating to regrading, drainage, landscaping, erosion and sediment control, backfilling, removal of machinery and buildings, and closing of access roads. Also, the proposed use or uses shall be included.
11. Setbacks. Setbacks and those areas that are not to be disturbed.
12. Landscaping and Screening. Landscape and screening plans prepared and approved in accordance with Chapter 18.12 IMC.
13. Work Methods. Measures to be implemented to minimize dust, mud, noise and other noxious characteristics.
C. Additional Information. The Permit Authority may require the applicant to submit additional information if the submitted plans, specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist which require specific explanation. Additional information may include, but not be limited to, a soils/geology report including a detailed description of the proposal, and including cuts and fills necessary to construct the proposal, data regarding the nature, distribution, and strength of existing soils, description of the geologic conditions on the site and current geologic processes at work on the site, drainage (surface and subsurface), conclusions and recommendations for grading procedures (temporary and permanent slopes), erosion control, design criteria for retaining walls and/or rockeries as appropriate, fill placement recommendations, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.
D. Rivers and Streams Board Review. The Rivers and Streams Board shall review and make recommendations to the Director on grading activities within their scope and duties as described in IMC 18.03.430. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2546 § 6, 2008; Ord. 2487 § 1, 2007).
16.26.080 Variance.
A. Duties and Responsibilities. Except as provided for elsewhere in this chapter, variances from this code may only be granted by the Permit Authority. The decision to grant, deny or modify the proposed variances shall be based upon evidence that the request meets the following criteria:
1. The variance is necessary to overcome a particular hardship caused by special circumstances relating to size, shape, topography or location of the subject property;
2. The variance is in harmony with the intents and purposes of this chapter and other relevant City ordinances;
3. The variance shall not constitute a grant of special privilege inconsistent with limitations placed upon other properties;
4. Granting the variance will not result in harm or damage to other properties, waterways, or drainage facilities, and the variance will not be otherwise materially detrimental to public welfare;
5. Alternative development concepts in compliance with the existing code have been evaluated and undue hardship would result if such strict adherence to code provisions is required;
6. The variance granted is the minimum amount necessary to comply with the approval criteria listed above and the minimum necessary to accommodate the permitted uses proposed by the application; in addition, the scale of the use shall be reduced as necessary to meet this requirement; and
7. The basis for the variance request is not the result of deliberate actions of the applicant or property owner.
B. Variances related to drainage facilities are termed adjustments and shall follow the process identified in Chapter 13.28 IMC, Stormwater Management Policy.
C. Conditions may be imposed upon the granting of any variance. Unless otherwise specified, the granting of a variance shall be subject to all plans, specifications and conditions set forth in the application. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.090 Appeals.
Any person aggrieved by any decision of the Permit Authority to issue, fail to issue, suspend or revoke a permit required under this chapter may appeal such decision to the Hearing Examiner in accordance with the provisions of IMC 18.04.250 to 18.04.260 regarding appeals. Any determination by the City shall remain in effect until the appeal is finalized. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.100 Permit fees.
A fee for each Public Works Permit for clearing and grading shall be paid to the City as set forth in the fee schedule adopted pursuant to Chapter 3.65 IMC. The fee for a clearing and grading permit authorizing additional work to that of a valid permit shall be the difference between the fee paid for the original permit and the fee specified for the entire project on the fee schedule. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.110 Expiration of permits and applications.
The expiration of Public Works Permit for clearing and grading and applications shall follow the same specifications as for building permits and requirements now or hereinafter amended except that the Permit Authority shall be the official; provided, however, that the Permit Authority may set specific limits upon the permit for project initiation or completion because of environmental reasons or because of coordination with other permitted site work when he/she finds it is advisable to do so. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.120 Security.
A. Performance Security. For all applications for a Public Works Permit allowing clearing and grading, the Permit Authority shall require the applicant to establish a security to be posted prior to issuance of the permit to guarantee the completion of the work in accordance with the approved plans, specifications, and permit conditions. The amount of said security shall be equal to 150 percent of the estimated cost of construction of all items of work outside of any habitable structures which contribute to soil or geologic structure stability, control of drainage, habitat restoration or permanent erosion control, and shall include, but not be limited to, site clearing and grubbing, excavation, fill, import of structural fill, export and disposal of unsuitable materials, retaining walls, rockeries, surface and subsurface drainage systems, stormwater facilities, curbs, gutters, paving, restoration of vegetation, surface treatment of slopes, habitat restoration and enhancement plantings, and other items as may be required by the Permit Authority.
The performance guarantee security shall be maintained in full until the work has been completed and all possibility of erosion has passed. Should the permittee fail to complete the work in accordance with the approved plans, specifications and permit conditions, the City may enter the property and cause the work to be completed and shall be reimbursed for all expenses so incurred from the proceeds of the security. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.130 Indemnification.
The permittee shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, or in connection with, or incident to, the execution of this agreement and/or the permittee’s performance or failure to perform any aspect of this agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the permittee; and provided further, that nothing herein shall require the permittee to hold harmless or defend the City, its agents, employees, and/or officers for damages or loss caused by the City’s sole negligence. The permittee expressly agrees that the indemnification provided herein constitutes the contractor’s waiver of immunity under RCW Title 51, for the purposes of this agreement. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. No liability shall attach to the City by reason of entering into this agreement except as expressly provided herein. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.135 Insurance.
The permittee shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the permittee, their agents, representatives, employees or subcontractors. Permittee’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the permittee to the coverage provided by insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. The permittee shall provide a certificate of insurance evidencing:
Commercial general liability insurance written on ISO occurrence basis form CG 00 01 with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to liability arising from: premises, operations, personal injury and advertising injury, and liability assumed under an insured contract. The insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO Form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse or underground property damage.
The City, its officers, volunteers, and agents shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the permittee and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance, using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured – Completed Operations Endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage for completed operations. A copy of the certificate and endorsement shall be provided to the City prior to commencement of the work. The City reserves the right to request certified copies of any required insurance policies. Any payment of deductible or self-insured retention shall be the sole responsibility of the permittee.
The permittee’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The permittee’s insurance shall be primary insurance with respect to the City and the City shall be given 30 days’ prior written notice of any cancellation, suspension or material change in coverage. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.140 Notification of completion.
For all applications for a Public Works Permit allowing clearing and grading, the permittee or his agent shall notify the Permit Authority or his/her designee when the clearing and grading operation at each stage is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved project plan and all permit conditions have been met and the required final reports (including as-built mylar and AutoCad drawing) have been submitted. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.150 Stop work orders/permit revocation.
A. Permit Suspension/Revocation. The Permit Authority shall suspend work or revoke a permit, as appropriate, if the Permit Authority finds that:
1. The work is not authorized by a valid permit; or
2. Inaccurate information was used to obtain the permit; or
3. The permittee is not complying with the terms or conditions of the permit or approved plans; or
4. The work is, in the Permit Authority’s judgment, adversely affecting the public health, safety, or welfare; or is a hazard to property; or is adversely affecting, or could adversely affect, adjacent property including a right-of-way, a drainage way, a watercourse, an environmentally critical area, or a stormwater facility; or
5. Adverse weather is causing significant problems on or off site; or
6. The required project surety has been expended to the point that it no longer provides assurance of completion of the project in compliance with the terms of the permit; or
7. Contamination of site soils from hazardous materials are encountered during the course of site work that were previously unknown, and pose a potential risk to human health or the environment, and such discovery of contamination requires notification to the Department of Ecology or other appropriate agency in accordance with State or Federal regulations. Suspension of work will continue until the Director is properly notified or is provided with other information that State and Federal regulations are being complied with and continuation of site work is appropriate.
B. Stop Work Order. The Permit Authority shall issue the permittee a written stop work order specifying the nature of the violation or problem which must be remedied prior to resuming other work on the project. If the permittee does not comply with the order within the time specified, the Permit Authority, as an alternative to other remedies, may enter the project site and perform the required work. All costs incurred by the City in performing such work shall be drawn against the surety posted by the permittee. In the absence of sufficient surety, the City may place a lien against the property in the amount of the funds expended to perform the required work. Removal of a stop work order by anyone other than authorized City personnel is a civil violation.
C. Restoration. Violators of this chapter, or of a permit issued hereunder, shall be responsible for restoring unlawfully damaged areas in conformance with the applicable Issaquah Municipal Codes, approved by the Permit Authority, which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s).
D. Prohibition of Further Approvals. The City shall not accept, process, or approve any application for a subdivision or any other development permit or approval, or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means acceptable to the Permit Authority and by payment of any penalty imposed for the violation. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.160 Obligation of person performing work.
Every contractor or other person performing or directing the performance of any work requiring a permit under this chapter shall have in his/her possession prior to commencement of and during all phases of the work, an original or copy of a valid permit (including conditions) and shall further have a duty to be familiar with and comply with the terms and conditions of the permit and approved plans and specifications. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.170 Project inspection.
A. General. All projects which include clearing or grading shall be subject to inspection by the Permit Authority or his/her designee. The Permit Authority or his/her designee shall be granted unlimited right of entry to the work site by the applicant for the purposes of making inspections to determine that the requirements of the plans and permits are being complied with and for the purposes of taking corrective measures of an emergency nature. The cost of such corrective measures shall be borne by the applicant. The Permit Authority may require inspection and testing by an approved testing agency at any stage of the application or project. Said inspection and testing shall meet or exceed the minimum schedules as listed in the street standards, or as conditioned on the permit or published by the Permit Authority.
B. Notice. It shall be the permittee’s responsibility to notify the Permit Authority and his/her designee, if applicable, at least 24 hours prior to the time required for inspection. All inspections and testing required shall be determined prior to issuance of the application when requesting a permit. The Permit Authority may require additional inspection or testing if conditions are found to be different than those presented in the plans or supporting documents; however, if conditions change, it shall be the responsibility of the applicant or the professional consultant(s) who submitted the plans or documents to provide the Permit Authority with recommended changes in procedures, for its review and approval.
C. Suspension of Permits. Whenever the Permit Authority determines that the act or intended act of clearing, grading, excavation or fill has become or will constitute a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, drainage channel, stream or surface water, including siltation and sedimentation therein, the Permit Authority shall immediately suspend the clearing and grading permit.
The permittee or other person or agent in control of the property, upon receipt of notice in writing from the Permit Authority shall, within the period specified therein, terminate such clearing, grading, excavation, embankment or fill, or eliminate the same from the development plans, or modify the plans, as may be required so as to eliminate the hazard and be in conformance with the requirements of this code. The permittee shall also be required to take measures to correct damages caused to adjacent or downstream or upstream properties, under the direction of the Permit Authority, or if not accomplished in a reasonable period of time, the City shall do so using the security provided as part of the clearing and grading permit under which the work was done. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.180 Notice to proceed authorized.
After a permittee is granted a Public Works Permit for clearing and grading, no work shall commence prior to issuance of a written “notice to proceed” by the Permit Authority. Issuance of the notice to proceed shall occur only after expiration of any appeal period, after a preconstruction conference has been held, and after completion of all conditions set forth in the clearing and grading permit required to be completed prior to commencement of work. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.185 Conversion of property from forestry practices – Six (6) year moratorium on nonforestry development.
A. Pursuant to RCW 76.09.060(3)(B)(i), a 6-year moratorium shall apply to all nonforestry development approvals and permits including, but not limited to, building permits and subdivision approvals related to property regulated by a forest practices permit under Chapter 76.09 RCW.
B. Subsection A of this section shall not apply to property when the forest landowner stated their intent to convert the property at the time of forest practices application (RCW 76.09.060), or if the property is cleared in accordance with the standards set forth in this chapter.
C. The application for this section is subject to Level 0 Review as set forth in IMC 18.04.320. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).
16.26.190 Enforcement.
The violation or failure to comply with any of the provisions of this chapter is unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
A. Civil Remedies. Any work or other activities which are within the authority of this chapter performed without a permit or in violation of any lawful order or requirement of the Public Works Director is deemed to be a public nuisance and may be abated in a manner prescribed by the Permit Authority. Injunction proceedings or other appropriate action may be initiated in a court of competent jurisdiction against any person who violates or fails to comply with the provisions of this chapter in order to prevent, enjoin, abate or terminate violations of this chapter or to restore the property to its original conditions, as nearly as practicable.
B. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the Director shall be subject to the civil and criminal penalties provided in Chapter 1.36 IMC, Code Enforcement. Each day of continued violation shall be considered a separate violation for purposes of penalty.
C. In addition, any person convicted of a violation(s) of this chapter shall be required to abate any conditions on the subject property in a manner which will achieve full compliance with this chapter and restore any property to its original condition, as nearly as practicable. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).