16.10.040 Issuance and Implementation of Permits.
A. Permit Issuance. The City shall issue a permit on approval of a site map and grading plan, an ESC plan, a work schedule, a soils report (if required), and on payment of applicable fees. The permit is subject to the following conditions:
1. The permittee shall maintain a copy of the permit, approved plans and required reports on the work site and available for inspection during all working hours.
2. The permittee shall, at all times, be in conformity with the approved site map and grading plan, and ESC plan. If site conditions require emergency measures and in-field changes, the permittee must notify the City and obtain amendments of the plans as necessary.
B. Implementation of Permit – Permittee’s Duties.
1. Holders of a permit shall comply with the permit requirements, including the site map and grading plan, ESC plan, work schedule, and incorporated BMPs appropriate to meet performance standards requirements (as described in BC 16.10.070 through 16.10.100).
2. A permittee shall notify the City via email or in writing at least 48 hours before the beginning of land disturbing or filling activities, or soil storage when these activities are scheduled to occur in areas located in designated WOZ or ASI zones. The permittee shall also submit, based on a schedule agreed upon between the permittee and the City based on activity levels on the site, and at least quarterly, regular notifications on:
a. The progress of, or delays in, land disturbing or filling activities or soil storage.
b. Any other departures from the approved site map and grading plan that may affect implementation of the ESC plan, as scheduled.
c. Possible delays in obtaining materials, machinery, services, or manpower necessary to the implementation of the ESC plan, as scheduled.
d. The progress of, delays in or any other departures from implementation of the ESC plan.
3. For any post-construction or long-term BMPs or stormwater facilities incorporated as part of the ESC plan, the permittee shall submit a copy of the instructions given by the permittee to the new owners of the improved property or their agent regarding the maintenance of the surface runoff, erosion and sediment control measures, and devices implemented under the ESC plan to the City.
4. Maintenance. The owner of any private property on which clearing and grading or other work has been performed pursuant to an approved site map and grading plan, ESC plan, approved land use application, or approved building permit granted by the Community Development Department shall maintain and repair in perpetuity all graded surfaces and erosion prevention, sediment control, and pollution prevention devices, retaining walls, drainage structures, plantings and ground cover, or other means or devices deemed not to be the responsibility of the City or other public agency.
C. Implementation of Permit – City’s Duties. The City shall review all reports submitted by the permittee. If the City finds delays in implementing or departures from the approved site map and grading plan or ESC plan, or any problems with or breakdowns in any technique provided for by the ESC plan, the City shall notify the permittee in writing of the requirement, and the permittee shall be required to comply with the order to modify within five working days or sooner should the City request based on potential threat from weather conditions.
The City may develop an inspection schedule to inspect work sites for compliance with this title, permits and plans.
D. Suspension or Revocation of Permit. The City shall follow the procedures of this section before resorting to other enforcement activities.
1. The City shall suspend any clearing, grading and erosion control permit and issue a stop work order, and the permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, on notification of the suspension when:
a. The permittee fails to act in compliance with subsection (B) of this section.
b. The permittee fails to submit required reports in full on time.
c. A City inspection reveals that the work or work site is not in compliance or conformance with:
i. Subsection (A) of this section;
ii. The site map and grading plan and/or the ESC plan;
iii. Required reports (e.g., private inspection records, permit reports and copy of maintenance instructions); or
iv. Orders authorized by this title.
2. The City may revoke any permit and issue a stop work order, and the permittee shall cease work, when:
a. The permittee fails or refuses to cease work after receiving a stop work order.
b. Any failure to comply with this title, permit or order issued under this title, or plan or schedule approved under this title in the Riparian Corridor Sub Zone as described in BDC 2.7.620, or in a wellhead protection area.
3. If a stop work order has been placed on a project due to violations of this title the City may require the applicant to provide the City with financial security in an amount designed to assure compliance with this title. If required, the financial security must be a bond or other financial security approved by the City Attorney. The financial security must be sufficient to restore the site to a stable and safe condition.
4. The City may reinstate a suspended permit on the permittee’s correction of the cause of the suspension, but shall not reinstate a revoked permit. A permittee may appeal a permit revocation decision to the City Manager within 30 days of receipt of the revocation notice. [Ord. NS-2176, 2012]