Chapter 16.26
CLEARING, GRADING, AND STORMWATER MANAGEMENT

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    Adjustments and variances.

16.26.090    Appeals.

16.26.100    Permit fees.

16.26.110    Repealed.

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-year moratorium on nonforestry development.

16.26.190    Enforcement.

*    Prior legislation: Ords. 1582, 1645,1913, 2288, 2301 and 2480.

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 and stormwater runoff impacts of land development 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 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, vegetation 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. 2783 § 3 (Exh. A3), 2016; 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, stormwater management systems and facilities, including cuts, fills, and embankments; establishes the administrative procedure for issuance of permits; provides for approval of plans and inspection of clearing, grading and stormwater management projects; and provides for enforcement and penalties. (Ord. 2783 § 3 (Exh. A3), 2016; 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 clearing, grading and stormwater management.

“Area of special flood hazard, Zone A” means the land in the floodplain within the City subject to a 1 percent or greater chance of flooding in any given year, but where no base flood elevations were determined. Designated on maps as Zone A.

“Area of special flood hazard, Zone AE” means the land in the floodplain within the City subject to a 1 percent or greater chance of flooding in any given year, as determined by a detailed flood insurance study. These areas are subdivided into elevation zones with base flood elevations (“BFEs”) assigned.

“Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“Bioretention” means an engineered facility that stores and treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation. Refer to the stormwater design manual for bioretention BMP types and design specifications.

“Civil engineer” means a professional engineer licensed by the State of Washington in civil engineering.

“Clearing” means the act of destroying or removing vegetation by mechanical or chemical means.

Development. See definition for “New development” or “Redevelopment project” or both.

“Director” means the Director of the Development Services Department or his or her designee.

“Ditch” means an artificially constructed watercourse designed to convey storm water, agricultural runoff or irrigation water. A stream or water of the State that has been artificially constructed or modified is not a ditch. Also see definition of “Stream.”

“Drainage” means the collection, conveyance, containment and/or discharge of surface and stormwater runoff.

“Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include, but not be limited to, constructed or engineered streams, pipelines, channels, ditches, gutters, stormwater flow control or water quality BMP/treatment facilities, infiltration facilities, erosion and sediment control facilities and other structures and appurtenances that provide for drainage.

“Drainage review” means an evaluation by City of Issaquah permit review staff of a proposed project’s compliance with the drainage requirements in the stormwater design manual, references in the stormwater design manual such as basin plans and critical drainage areas, other requirements stated in this chapter, other applicable requirements of the Issaquah Municipal Code including the critical areas regulations (Chapter 18.10 IMC), and conditions of development or environmental permits issued for the project.

Ecology Stormwater Management Manual. See “Stormwater design manual.”

“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.

“Flood insurance study” means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as the flood elevation study.

“Flow control facility” means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff generated by site development pursuant to the drainage requirements in this chapter. Flow control facilities are designed either to retain water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground or to detain runoff for a short period of time and then release it to the conveyance system.

“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.

“Impervious surface” means a nonvegetated surface which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials or other surfaces which similarly impede the natural infiltration of surface and stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for the application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

“Low-impact development” means a stormwater management and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

“Low-impact development best management practices” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water reuse.

“Low-impact development principles” means land use strategies that emphasize conservation, the use of on-site natural features, and site planning to minimize impervious surfaces, soil disturbances, native vegetation loss, and stormwater runoff.

“Maintenance” means repair and maintenance activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. In regard to stormwater facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in the maintenance standards of Volume V – Appendix A BMP Maintenance Tables of the 2019 Stormwater Management Manual for Western Washington (SWMMWW).

“Minimum requirements” refers to the minimum requirements in the stormwater design manual.

“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.

“New development” means land disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.

“Off-site analysis” means a professional assessment of a development or redevelopment project to evaluate the potential impacts of drainage from the site and due to existing system deficiencies, storms in excess of the design storm, or climate change. The off-site analysis would identify, when needed, a plan of measures, mitigation, adaptation, and resilience strategies to minimize to probable impacts of a drainage failure to the new project site and minimize aggravating existing problems. The OAR will assess the mechanism and causes for failure, the probable impacts, including flooding, property damage, business or activity disruption, or transportation impacts, the potential magnitude, and measures to minimize probable impacts.

“Permit” means a permit authorizing clearing, grading and stormwater management, issued as part of a site work permit, building permit, landscaping permit, or as a component of any other permit that authorizes land disturbance.

“Permit authority” means the Director of the Community Planning and Development Department or her or his designee. 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.

“Pervious surface” means a surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements.

“Pollution-generating impervious surface” means an impervious surface considered to be a significant source of pollutants in surface and stormwater runoff. Such surfaces include those subject to vehicular use, industrial activities, or storage of erodible or leachable materials, wastes or chemicals and which receive direct rainfall or the run-on or blow-in of rainfall. Thus, a covered parking area would be included if runoff from uphill could regularly run through it or if rainfall could regularly blow in and wet the pavement surface. Metal roofs are also considered pollution-generating impervious surface unless they are treated to prevent leaching.

“Pollution-generating pervious surface” means a nonimpervious surface considered to be a significant source of pollutants in surface and stormwater runoff, including surfaces subject to use of pesticides and fertilizers, to the use or storage of erodible or leachable materials, wastes or chemicals or to the loss of soil. Such surfaces include, but are not limited to, permeable pavement subject to vehicular use, lawn and landscaped areas including golf courses, parks and sports fields (natural and artificial).

“Redevelopment project” means, on a site that is already substantially developed (defined as having 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.

“Regulatory agencies” means appropriate departments of a governmental body with permitting or decision-making authority relative to an action.

“Replaced hard surface” means, for structures, the removal and replacement of impervious surfaces down to the foundation. For other hard surfaces, the removal down to bare soil or base course and replacement.

“Rough grading” means clearing, grading and construction stormwater management activities to achieve project boundaries and approximate earthen grades in accordance with an approved plan that are permitted for construction prior to issuance of all final site work, building, and other permits required for a proposed project. Also includes associated activities that are required prior to rough grading such as demolition and preloading.

“Runoff” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater as well as on ground surfaces. For the purposes of this definition, “groundwater” means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates, or otherwise moves.

“Site” means that defined portion of any lot(s) or parcel(s) of land or contiguous combination thereof subject to new development or redevelopment. For road projects, the length of project site and right-of-way boundaries define the site.

“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.

“Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Ecology Stormwater Management Manual for Western Washington separates source control BMPs into 2 types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater.

“Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow.

“Stormwater design manual” means the Department of Ecology 2019 Stormwater Management Manual for Western Washington, prepared by the Department of Ecology, as supplemented and modified by the City of Issaquah 2022 Addendum to the Department of Ecology 2019 Stormwater Management Manual for Western Washington that specifies local requirements and procedures, describing surface and stormwater design and analysis requirements, procedures and guidance.

“Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. When used singly or in combination, stormwater facilities reduce the potential for contamination of surface and/or groundwaters. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil water separators, and biofiltration swales.

“Stormwater treatment and flow control BMPs/facilities” means detention facilities, permanent treatment BMPs/facilities; and bioretention facilities, vegetated roofs, and permeable pavements that help meet Minimum Requirements No. 6 (treatment), No. 7 (flow control), or both of the 2019-2024 Western Washington Phase II Municipal Stormwater Permit Appendix 1.

“Stream” means an area in the City of Issaquah where water conveyed on the surface produces a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. This definition is not meant to include entirely artificially constructed watercourses, including irrigation ditches, roadside ditches, canals, storm or surface water runoff conveyance devices or other artificial watercourses unless they have documented fish use and have a free and open surface connection to waters of the State or are used to convey water naturally occurring prior to construction. Also see definition of “Ditch.” (Ord. 2989 § 2 (Exh. A2), 2022; Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.040 Permit required.

A. Permit Required. Any land disturbing activity that involves clearing, grading, or creation or modification of a stormwater management facility requires approved plans and permit(s), unless such activity is determined to be exempt from obtaining a permit as provided below. Activity requiring a permit is authorized under a site work permit, building permit, landscaping permit, or as a component of any other permit that authorizes land disturbance if City-approved drawings and associated technical reports for such activities are included under the other permit.

B. Permit Exemptions. 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(C)(2);

2. Maintenance. Activities that are considered to be maintenance include:

a. Underground Utility Projects. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Minimum Requirement No. 2, Construction Stormwater Pollution Prevention.

b. Pavement Maintenance. Pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without increasing impervious surface area, pavement preservation activities that do not increase impervious surface area, and vegetation maintenance. If removing and replacing a paved surface to base course or lower, or repairing the pavement base, Minimum Requirements No. 1 through No. 5 apply subject to applicable thresholds.

c. Other Routine Maintenance. Includes activities conducted by a public agency within a public right-of-way or upon an easement for the purposes of maintaining water, storm, sanitary sewer, transportation, and other facilities, and by a franchised utility for the purposes of maintaining power, gas or communication facilities, as needed to maintain function in accordance with original purpose, design, size and location of the facility. Also includes replacement of hard surfaces that is part of a routine repair or maintenance activity, and minor upgrades to failing or substandard systems using BMPs if needed to improve functionality but not resulting in an expansion of the utility system. Also includes maintenance of existing private stormwater systems as required by Chapter 13.28 IMC (see also definition of “maintenance”);

3. The cutting of trees as defined in Chapter 18.12 IMC and Central Issaquah Development and Design Standards Chapter 10.0 where a tree removal notice or tree removal permit is exempt or required;

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 (B)(2) for maintenance only, (B)(6), and (B)(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;

14. Development activities that are exempt or fall below the thresholds of all requirements contained in the Stormwater Design Manual.

C. Expiration of Inactive Applications. Site work permit applications shall be closed by the Permit Center and deemed “inactive” in accordance with IMC 18.04.220(D)(2).

D. Expiration of Issued Permit. Issued permits for clearing, grading and stormwater management shall expire in accordance with Chapter 16.04 IMC, Section 105.5, “Expiration.” (Ord. 2783 § 3 (Exh. A3), 2016; 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, vegetation, and hydrologic features, and to control substantial land alterations with associated stormwater impacts in accordance with the following adopted manuals:

A. Adopted Manuals. Design standards contained in the following manuals are adopted by reference:

1. Stormwater Design Manual. Thresholds, definitions, and minimum requirements within Volumes I through V are found in the 2019 Washington State Department of Ecology Stormwater Management Manual for Western Washington. These requirements are based on Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit.

2. City of Issaquah 2022 Addendum. The City of Issaquah 2022 Addendum to the 2019 Washington State Department of Ecology Stormwater Management Manual for Western Washington contains local modifications and application of the definitions, thresholds, and minimum requirements in Issaquah.

B. The design, construction, and maintenance of all clearing, grading, and stormwater management systems and facilities shall comply with the requirements and design standards contained in the following documents:

1. This chapter; and

2. The adopted Stormwater Design Manual and Addendum, and source control BMPs; and

3. Any other applicable construction specifications, design standards and details approved under the authority of the Issaquah Municipal Code as they pertain to permitting, construction, inspection, maintenance, and enforcement of land development activities and facilities.

C. Approval Criteria and Standards. In considering whether to issue a permit, and in considering whether and what type of conditions should be imposed thereon, the Director shall apply the following standards and criteria:

1. Rough Grading. The Director may issue a permit for a rough grading project when all the following criteria are met:

a. All land use permits are issued;

b. Other agency permits are issued, if required (e.g., hydraulic project approval);

c. Site plans including conceptual utility layout are submitted;

d. SEPA review for the entire project is completed (if required);

e. Clearing, grading and temporary erosion control construction plans are submitted;

f. Preliminary stormwater plans including stormwater technical information report with low impact development feasibility assessment are submitted;

g. Resolution of all project feasibility issues (i.e., required off-site easements and improvements, significant utility design issues, etc.) as determined by the Director;

h. For work to be authorized during a land use permit appeal period, all conditions of IMC 18.04.260, Permit issuance prior to expiration of the appeal period, are met.

2. Clearing. All clearing of vegetation shall conform to the following criteria, unless such clearing qualifies as an exemption under IMC 16.26.040(B).

a. Existing vegetation shall be preserved, replaced or restored in accordance with the approved landscaping plans and in accordance with Chapter 18.12 IMC or Central Issaquah Standards Chapter 10.0, whichever applies.

b. Except where clearing is permitted under IMC 16.26.040(B)(12), Exemptions, no clearing shall be allowed in any protected areas including an environmentally critical area, native growth protection easement, protected trees, greenbelt, open areas, or areas of native vegetation within the development site that are not part of the development proposal, without a permit and such other approvals as may be required by the Issaquah Municipal Code.

c. Prior to any clearing activity and during all construction-related activities, the limits of clearing shall be fenced as follows:

i. Protective fencing with temporary signs shall be installed around all environmentally critical areas (including streams, wetlands, steep slopes and their respective buffers), native growth protection easements (NGPEs), protected trees, greenbelt, areas of native vegetation within the development site that are not part of the development proposal, or other areas of the property or site that are separate from the development proposal and should remain undisturbed as determined by the Director. Design and location of the protective signs shall be approved by the Director.

ii. Protective fencing shall be installed around the critical root zone of all trees to be saved in accordance with the approved tree plan prior to any construction. The fencing location may be changed to the dripline or other location as recommended by a certified arborist and approved by the Director.

iii. For any construction activities permitted within 100 feet of a critical area buffer or protected tree, the applicant may be required to hire an independent qualified professional, acceptable to the Director, 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 Director attesting that the construction was contained within the approved limits.

d. 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 unless an acceptable assurance device is posted in accordance with IMC 18.04.230. 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 as determined by the Director. See also subsection (C)(4) of this section.

3. Grading. Changes in the site topography shall conform to the following criteria:

a. Fills, structures, and modifications of stream conveyances within areas of special flood hazard shall conform to Chapter 16.36 IMC.

b. The maximum surface grade on any artificially created slope shall not exceed 3 feet horizontal run to 1 foot vertical fall (3H:1V). Cut and fill slopes for roadways may, however, be designed at 2H:1V upon review and approval by the Director provided it meets these criteria:

i. Engineering calculations to that grade show the slope is stable with a 1.5 factor of safety; and

ii. Appropriate vegetation and irrigation are selected and installed in accordance with the recommendations of a qualified professional; and

iii. Maintenance of the slope and vegetation is shown to safe and accessible for maintenance personnel; and

iv. Other criteria reasonably related to the issue as determined by the Director.

c. 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.

d. 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:

i. Provide information to the Department regarding the types and quantities of hazardous materials that will be on site; and

ii. Ensure that proper BMPs are used to prevent and respond to spills.

e. An imported fill source statement is required with the 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:

i. Source location of imported fill; and

ii. Previous land uses of the source location.

f. Rockeries. Rockeries are considered an erosion protection method and may be used to protect cut or fill slopes.

i. Rockeries used to protect uncontrolled fill slopes may be no higher than 4 feet, as measured from the bottom of the base rock.

ii. Rockeries used to protect cut slopes or reinforced or engineered fill slopes may be up to a maximum height of 12 feet, as measured from the bottom of the base rock, with the approval of the Director. Any rockery that is over 4 feet high, as measured from the bottom of the base rock (cut slopes and reinforced or engineered fill slopes only), shall be designed by a geotechnical engineer.

iii. A wall drain must be provided for all rockeries greater than 4 feet in height as measured from the bottom of the base rock.

iv. The procedures and requirements in the City of Issaquah Street Standards relating to rockery design and construction must be followed, as well as any land use regulations and approvals.

v. The geotechnical engineer must provide construction monitoring and/or testing as required by the permit conditions, and submit construction inspection reports to the Department for all rockeries that require design by a geotechnical engineer. For each project, or phase of a project, the geotechnical engineer must provide a final letter or report summarizing the results of the construction monitoring for each rockery, verifying that the rockery construction meets the geotechnical recommendations and design guidelines. The final letter or report must be submitted to the Department prior to final inspection.

g. Modular Block Walls and Other Retaining Walls. Modular block walls and other retaining wall structures may be used for erosion protection of cut or fill slopes, and to provide lateral support to vertical slopes of soil. The following pertains to all such retaining wall structures:

i. Wall structures over 4 feet in height as measured from the bottom of the base block must be engineered and designed by a professional civil or geotechnical engineer.

ii. A wall drain must be provided for all walls greater than 4 feet in height as measured from the bottom of the base structural element. Weepholes and filter drains may also be required to address drainage and hydrostatic pressure.

iii. All wall structures over 4 feet in height shall meet the minimum requirements set forth in the latest edition of the International Building Code.

iv. The geotechnical engineer must provide construction monitoring and/or testing as required by the permit conditions, and submit construction inspection reports to the Department for all retaining walls that require design by a geotechnical engineer. For each project, or phase of a project, the geotechnical engineer must provide a final letter or report summarizing the results of the construction monitoring for each wall, verifying that the wall construction meets the geotechnical recommendations and design guidelines. The final letter or report must be submitted to the Department prior to the final inspection.

v. Land use regulations and approvals may also impact wall design.

4. Temporary Erosion and Sediment Control. All land disturbing activities shall make provisions for temporary erosion and sediment control as follows:

a. A temporary erosion and sedimentation control (TESC) plan and associated required documentation shall meet the following requirements:

i. The TESC plan shall be prepared in accordance with, and be based on the best management practices contained in, Minimum Requirement No. 2.

ii. 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.

iii. The plan shall clearly show environmentally critical areas (including streams, wetlands, steep slopes and their respective buffers), native growth protection easements (NGPEs), greenbelt, open areas, or areas of native vegetation within the development site that are not part of the development proposal to be retained, soil preservation areas, and protection of existing trees and root systems during construction.

iv. The TESC plan shall provide a monitoring discharge point to allow turbidity monitoring of water being discharged from the site.

v. For projects other than small sites, as defined in the Stormwater Design Manual, the plan shall be designed by, and carry the seal of, a civil engineer having certified erosion and sediment control lead (CESCL) certification.

vi. Erosion and sedimentation control devices shall be installed prior to initiation of construction activities and maintained by the permittee over the entire duration of the project until all possibility for erosion has passed and permanent vegetation has been established, as determined by the Director.

vii. Clearing and grading may be permitted to continue or to be initiated during the wet season (October 1st through April 30th) only if the Director grants specific approval per subsection (C)(4)(a)(ii) of this section. In determining whether to permit wet season construction, the Director shall consult with DSD engineers and inspectors to determine whether the proposal ensures slope stability and adequately protects receiving waters from increased erosion and sedimentation during construction.

(A) If clearing and grading is prohibited during the wet season, building construction can nonetheless proceed as long as no additional clearing and grading is performed and effective erosion control is in place and effectively maintained.

(B) A wet season TESC plan is required to be submitted to the Development Services Department by September 1st for approval to initiate or continue clearing and grading activity during the upcoming wet season. The Director may grant approval of the wet season TESC plan based on evaluation of site conditions, the nature of the development activity, previous performance of the contractor, and other factors such as slope, soil type, hydrology, and proximity to receiving waters, as well as erosion control measures to prevent turbid runoff from leaving the site during construction.

(C) If wet season clearing and grading is approved by the Director, and the Director subsequently issues a stop work order for insufficient erosion and sedimentation control, the wet season permit for clearing and grading activity may be suspended until the dry season.

(D) When clearing and grading is suspended during the wet season or interrupted at any time of the year due to heavy rain or other reasons, the permittee shall stabilize the site in accordance with the approved TESC plan and maintain erosion control BMPS.

b. The TESC plan shall be designed to prevent, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, surface waters, and adjacent properties. Turbidity in construction runoff at any monitoring point that exceeds 100 nephelometric turbidity units (NTUs) at any time up to the 10-year/24-hour storm event, as measured at the City’s rain gauge, is considered a violation of the permit, subject to stop work and enforcement as described in IMC 16.26.150 and 16.26.190.

c. Updates to the TESC plan can be required at any time during the term of the permit if the approved TESC plan is found to be ineffective or construction sequencing or other changed site conditions make it necessary to modify the original TESC plan to make it compliant with the requirements of the Stormwater Design Manual.

d. Permanent erosion control shall be considered and set forth in the original design of the project to provide erosion control following completion of construction.

e. Vegetation shall be restored 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 and in compliance with other applicable soil restoration and landscaping requirements for the project.

f. Areas of disturbed soil that include lawn and landscape areas shall meet post-construction soil quality and depth per the Stormwater Design Manual and detailed in IMC 18.12.140(P) and (Q), landscape code.

5. Stormwater Management. All land disturbing activities shall make provisions for drainage and stormwater management facilities as follows:

a. Thresholds. The thresholds for requiring drainage review are contained in the Stormwater Design Manual. The following thresholds invoke drainage review, to determine which specific criteria are triggered for flow control, runoff (water quality) treatment, low impact development, construction stormwater runoff, and other minimum requirements:

i. Land clearing: any clearing not otherwise exempt from IMC 16.26.040(B);

ii. Hard surface area: 2,000 square feet or more of new and replaced hard surface area;

iii. Drainage: addition or modification of a 12-inch or larger diameter pipe.

b. Minimum Requirements. Minimum requirements are contained in the Stormwater Design Manual, as modified by the City of Issaquah Addendum, and include the following elements:

i. Minimum Requirement No. 1: Preparation of Stormwater Site Plan;

ii. Minimum Requirement No. 2: Construction Stormwater Pollution Prevention Plan (SWPPP);

iii. Minimum Requirement No. 3: Source Control of Pollution;

iv. Minimum Requirement No. 4: Preservation of Natural Drainage Systems and Outfalls;

v. Minimum Requirement No. 5: On-Site Stormwater Management;

vi. Minimum Requirement No. 6: Runoff Treatment;

vii. Minimum Requirement No. 7: Flow Control;

viii. Minimum Requirement No. 8: Wetlands Protection;

ix. Minimum Requirement No. 9: Operations and Maintenance.

c. Stormwater Technical Information Report. Minimum Requirement No. 1 requires preparation of a stormwater site plan. The content of this plan is detailed in the Stormwater Design Manual, as modified by the City of Issaquah Addendum, the content of which is dependent on which minimum requirements are triggered. The plan must include the following chapters:

i. Project Overview;

ii. Existing Conditions Summary and Site Analysis;

iii. Off-Site Analysis Report;

iv. Permanent Stormwater Control Plan;

v. Construction Stormwater Pollution Prevention Plan (SWPPP);

vi. Special Reports and Studies;

vii. Other Permits;

viii. Operations and Maintenance Manual;

ix. Declaration of Covenant for Privately Maintained Flow Control and Treatment Facilities;

x. Declaration of Covenant for Privately Maintained On-Site Stormwater Management Facilities;

xi. Bond Quantities Worksheet.

d. Record Drawings. Upon completion of the work, a record 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. In addition, all private stormwater facilities shall also be shown regardless of ownership. The permit holder shall also provide the City with hard copy of plan sheets, scanned copy of plan sheets, and an AutoCAD drawing file of the as-built conditions in a format determined by the City upon completion of the work. The Director may require additional information in respect to any significant deviations from the approved plans, specifications or reports.

e. Signage. Signs shall be installed at all permanent flow control, runoff treatment, and on-site stormwater management facilities that are required to be maintained, identifying purpose of the facility, owner, and contact phone number for maintenance. The design of the sign shall be approved by the City.

6. Clearing and Grading on Environmentally Critical Lands.

a. 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(B)(12), and (ii) except for activities conducted in connection with the approved use allowed under the Issaquah Land Use Code.

b. 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.

c. 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 Director if, in the opinion of the Permit Director for reasons of health and safety, stability or environmental sensitivity, such special conditions are needed to mitigate adverse impacts.

7. Maintenance. It shall be the responsibility of the permittee to maintain all erosion control, stormwater facilities, source control BMPs, and stormwater treatment and flow control BMPs in good operating condition in accordance with the Stormwater Design Manual. The permittee shall clean and repair or replace all erosion control facilities, devices, stormwater facilities, source control BMPs, and stormwater treatment and flow control BMPs as often as necessary and as directed by the Director to maintain their effectiveness and level of performance as provided in IMC 13.28.090. 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.

a. Prior to issuance of any land disturbing permit, clearing, filling, and grading permit, building permit, or other approval permit that triggers application of this chapter, the Director shall require the applicant to record declaration of covenants and grant of easement as specified in the Stormwater Design Manual. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed.

b. Drainage easements shall be provided in a proposed development for all stormwater conveyance systems that are not located in public rights-of-way or tracts prior to certificate of occupancy. The drainage easements shall be granted to the parties responsible for providing ongoing maintenance of the systems, and the City for inspections and monitoring.

c. Signage shall be required to identify stormwater treatment and flow control BMPs and on-site stormwater management facilities such as permeable pavement, bioretention, or rain gardens, as a designed and maintained stormwater facility. Such signs shall identify the owner of the facility responsible for maintenance, and shall be approved by the Director.

8. Property Posting. The applicant shall post a “Notification of Construction” sign for development; provided, however, that minor construction as defined in IMC 18.10.110 is exempt from this requirement. The sign shall be designed in accordance with IMC 18.04.180(C)(4). (Ord. 2989 § 2 (Exh. A2), 2022; Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2746 § 3 (Exh. C), 2015; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2546 § 6, 2008; Ord. 2500 § 3, 2007; Ord. 2487 § 1, 2007).

16.26.060 Application – Review.

The purpose of a permit application is to provide a method to monitor and organize proposals for development review, to provide complete information to project reviewers and decision-makers, and to ensure that a predictable review process will occur within a reasonable or specified time frame. All permit applications for land disturbing and stormwater management actions shall be filed with the Permit Center. The Permit Center will coordinate the review of each application with all appropriate City departments, boards and commissions and external agencies with regulatory authority over the proposal.

A. Submittal requirements for permits that authorize clearing, grading, and stormwater facilities can be obtained from the Permit Center, the City’s website, or via the City’s online permit submittal portal. Permit applications shall provide required information including the type of submittals, the required level of detail, and the minimum qualifications of preparers of technical documents including the following:

1. A stormwater technical report and LID feasibility assessment shall be submitted with the preapplication meeting submittal, or if no such meeting is required, then such report shall be submitted prior to or with land use permit submittal (for example, site development permit, preliminary plat, short plat); and

2. Submittal requirements as determined by the Director; and

3. A tree plan and soil analysis and proposed use of existing soil as required by Chapter 18.12 IMC; and

4. If located in a designated area of special flood hazard, as determined by a Flood Insurance Rate Map, a flood hazard permit application as required by Chapter 16.36 IMC.

B. Complete Application. Within 28 days of receipt of such application and plans, the Director shall make a complete application determination in accordance with IMC 18.04.150, Complete application – Sufficiency review.

C. Additional Information. The Director 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. (Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2546 § 6, 2008; Ord. 2487 § 1, 2007).

16.26.080 Adjustments and variances.

A. Adjustments (minor changes) to the requirements of this section, except the minimum requirements, may be granted by the Director through a Level 0 process in accordance with IMC 18.04.290; provided, that a written finding of fact is prepared, showing compliance with the following criteria:

1. The adjustment provides substantially equivalent environmental protection; and

2. Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance are met.

B. Variances (major and substantial changes) to the minimum requirements may be granted by the City following legal public notice of an application for an exception or variance, legal public notice of the City’s decision on the application, and written findings of fact that document the City determination to grant an exception. Request for variance is a Level 4 review process as provided in IMC 18.04.460.

C. The City may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the permittee must consider and document with written findings of fact the following:

1. The current (pre-project) use of the site; and

2. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and

3. The possible remaining uses of the site if the exception were not granted; and

4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and

5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and

6. The feasibility for the owner to alter the project to apply the minimum requirements.

7. In addition any exception must meet the following criteria:

a. The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the State; and

b. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

D. Conditions may be imposed upon the granting of any adjustment or variance. Unless otherwise specified, the granting of an adjustment or variance shall be subject to all plans, specifications and conditions set forth in the application. (Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.090 Appeals.

Any person aggrieved by any decision of the Director 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. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.100 Permit fees.

A fee for each permit for clearing, grading, and stormwater management 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. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.110 Expiration of permits and applications.

Repealed by Ord. 2783. (Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.120 Security.

A. Performance Security. For all applications for permits allowing clearing, grading, and stormwater management, the Director shall require the applicant to establish a security of the type specified in accordance with IMC 18.04.230 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 Director.

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.

B. The Director shall require the applicant to post adequate cash security 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 and the associated costs by the City to repair and mitigate impacts created by such failure. The amount of security to be posted upon permit application shall be found in IMC 3.65.040 and as follows:

1. Any project involving highly erodible soils; project features or construction methods that could create higher levels of erosion and sedimentation; or downstream receiving waters or sensitive areas that would require a large effort to mitigate the impacts created by a failure of an erosion and sediment control facility: $5,000 or as appropriate as determined by the Public Works Director.

2. The Director may waive the security deposit for projects of short duration with negligible potential impacts or for other special circumstances. This does not exempt the applicant from complying with the requirements of this chapter. (Ord. 2783 § 3 (Exh. A3), 2016; 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. 2783 § 3 (Exh. A3), 2016; 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 respect 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. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.140 Notification of completion.

For all applications for a permit allowing clearing, grading, and stormwater management, the permittee or his agent shall notify the Director or his/her designee when the clearing, grading, and stormwater facility 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 hard copy and scanned as-built record drawings and AutoCAD drawing) have been submitted. (Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.150 Stop work orders/permit revocation.

A. Permit Suspension/Revocation. The Director shall suspend work or revoke a permit, as appropriate, if the Director 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 Director’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, a stormwater facility or a stormwater treatment and flow control BMP; 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; or

8. Not installing TESC facilities in accordance with the approved TESC plans prior to initiation of construction activities; or

9. Not maintaining TESC facilities in accordance with the approved TESC plans; or

10. Turbidity in stormwater leaving the site exceeds 100 NTU in a rainfall event less than the 10-year/24-hour event (3.5 inches), as measured at the City’s rain gauge; or

11. Not submitting within 30 days of written notification by the City for an updated TESC plan to the City if the approved TESC plan is found to be ineffective or construction sequencing or other changed site conditions make it necessary to modify the original TESC plan to make it compliant with the requirements of the Stormwater Design Manual; or

12. Not having a certified erosion and control lead (CESCL) available at the site to direct implementation of the TESC plan, if an on-site CESCL is required by the site work permit.

B. Stop Work Order. The Director 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 Director, 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 Code, approved by the Director, 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).

1. Any person who alters a protected area including an environmentally critical area as defined in Chapter 18.10 IMC, native growth protection easement, protected trees, greenbelt, open areas, or areas of native vegetation within the development site that are not part of the development proposal 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 Director. 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 Director.

2. Restoration Plan Requirements.

a. The Director 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 Director may waive plan submittal requirements determined to be unnecessary, or may require additional material necessary to fully review the proposed restoration or enhancement.

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 Director and by payment of any penalty imposed for the violation. (Ord. 2783 § 3 (Exh. A3), 2016; 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. 2783 § 3 (Exh. A3), 2016; 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 Director or his/her designee. The Director 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 Director 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 City standards or as conditioned on the permit or published by the Director.

B. Notice. It shall be the permittee’s responsibility to notify the Director 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 Director 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 Director with recommended changes in procedures, for its review and approval.

C. Suspension of Permits. Whenever the Director 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 Director 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 Director, 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 Director, 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. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.180 Notice to proceed authorized.

After a permittee is granted a permit for clearing, grading, and stormwater management, no work shall commence prior to issuance of a written “notice to proceed” by the Director. 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. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.185 Conversion of property from forestry practices – Six-year moratorium on nonforestry development.

A. Pursuant to RCW 76.09.060(3)(d), 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. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).

16.26.190 Enforcement.

In addition to any of the other remedies in this chapter, any violation of this chapter is declared a public nuisance and a civil violation subject to enforcement pursuant to Chapter 8.45 IMC. 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. (Ord. 2978 § 24 (Exh. A), 2022; Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).