§ 48-16 — Permit application requirements and procedures

§ 48-16. - Permit application requirements and procedures.

(a) Land disturbing activities—Requiring a permit. No person may perform any land disturbing activity, or cause or allow any land disturbing activities on land owned or controlled by such person without first obtaining a valid site-specific permit. All land disturbing activities must be performed in accordance with this chapter. (b) Land disturbing activities—Not requiring a permit. However, the following land disturbing activities shall not require a permit: (1) such minor land disturbing activities as home gardens and individual home landscaping, home repairs, home maintenance work, and other related activities which result in minor soil erosion; (2) the construction of single-family residences when built separately on lots less than one acre not within a subdivision, and have been issued building permits; provided that excavation is limited to trenches for the foundation, basements, service and sewer connections, and minor grading for driveways, yard areas and sidewalks, with no offsite discharge of pollutants; (3) individual service and sewer connections for single-or two-family residences; (4) agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting, farm ponds, dairy operations, and livestock and poultry management practices, and the construction of farm buildings; (5) installation, maintenance and repair of any underground public utility lines when such activity occurs on an existing hard-surface road, street or sidewalk, provided the activity maintains pollution control and is confined to the area of the road, street or sidewalk which is hard-surfaced and a street, curb, gutter, or sidewalk permit has been obtained; and (6) construction, repair or rebuilding of tracks of a railroad company. However, the persons conducting these permit excluded land disturbing activities shall remain responsible for otherwise conducting those activities in accordance with all other provisions of this article and other applicable laws including responsibility for controlling sedimentation and runoff. (c) Fees. There is hereby levied a schedule of fees for all permit services and requirements. The schedule of such fees shall be as established in Chapter 60, the General Schedule of Fees. Permit fees will be submitted to the Storm Water Quality Division of the Public Works Department and checks shall be payable to the City Treasurer. (d) Permit duration. (1) The permit shall be for a term of one year subject to the conditions set forth in this article and on the permit. (2) Should the permittee need to extend the permit beyond its original one-year term, then prior to the expiration of the current permit term, the permittee must apply for renewal of the permit and must pay a renewal fee. Permits may be renewed for an additional one-year term subject to the conditions set forth in this article and on the permit. (3) Until the permitted activity is completed and the permit site meets City standards, permittee must maintain a current permit by: (A) complying with the terms of the permit and this article; and (B) annually before the anniversary date of the issuance of the original permit, apply for and procure a renewal of the permit. (4) Failure to timely renew a permit required hereunder will result in late fees. (5) Permittee must pay all fees as a condition of completion of the permitted project, including: (A) permit renewal; and (B) late fees; and (C) re-inspection fees. (e) Application. The permittee must submit an application including all required forms, maps, plans, and schedules to the Director or designee for approval prior to the issuance of the permit. The permittee must resubmit such application to continue or renew the permit. (f) Commencement and continuation of permit activities and permit expiration. (1) If the work described in any permit issued pursuant to this article has not begun within six months from the date of issuance thereof, said permit will expire. (2) If permittee has not so commenced, then the permit shall expire and no permit activities may be performed on that site until the Director or designee authorizes a new permit. (3) Whenever a permit expires, the permittee must resubmit all required application forms, maps, plans, and schedules to the Director or designee except where an item to be resubmitted is expressly waived by the Director or designee in writing. In addition, the permittee must pay all required fees. (g) Maintenance period. (1) Stabilization measures shall be initiated within 14 days after the construction activity in that portion of the site has temporarily or permanently ceased unless earth disturbing activities on a portion of the site will be resumed within 21 days, temporary stabilization measures do not have to be initiated on that portion of the site. Stabilization measures must be in accordance with standards approved by the Director or designee. Permittee must diligently continue and maintain such stabilization measures until a Notice of Termination has been accepted by the Director or designee (2) Upon completion of construction activities, permittee must stabilize the entire site by planting, growing and establishing a uniform perennial vegetative cover until a density of at least 70 percent of the native background cover has been established for all unpaved areas. When the site has been finally stabilized, permittee must submit a signed Notice of Termination to the Director or designee for review. (3) The permittee must maintain the site, the stabilization controls, and erosion controls in a safe condition and in compliance with City ordinances until final inspection has been completed and Notice of Termination has been accepted by the Director or designee. (h) Inspections. Should permittee request an inspection and should permittee or the site be unprepared for such inspection or should the permittee or the site fail such inspection, then permittee must pay a re-inspection fee and request an additional inspection. (i) Enforcement. (1) It is a violation for any person to clear, grade, fill, excavate, store, mine, dispose of soil and earth materials, perform any other land-disturbing or land-filling activity, or cause or allow any such activities without a current valid site-specific permit therefore. (2) It is a violation for any property owner to authorize any person to clear, grade, fill, excavate, store, mine, dispose of soil and earth materials, perform any other land-disturbing or land-filling activity, or cause or allow any such activities without a current valid site-specific permit therefore. (3) In addition, if permittee allows a permit to expire or fails to timely procure renewal of a permit, then the Director or designee may suspend any soil disturbing or construction activities at the site by permittee and its successors, contractors, and agents; however such suspension will not relieve the permittee's obligations to maintain the site in a safe condition and in compliance with City ordinances. (4) If the Director or designee determines that permittee has failed to comply with any conditions of the permit, then the Director or designee may suspend any soil disturbing or construction activities at the site by permittee and its successors, contractors, and agents; however such suspension will not relieve the permittee's obligations to maintain the site in a safe condition and in compliance with City ordinances.

(Ord. No. 21320, § 1, 9-28-99; Ord. No. 24076, § 1, 6-15-10)