Skip to code content (skip section selection)
A. Categories: The following categories of permits shall be issued upon approved application. An erosion control plan (ECP) is required on all site specific, special site projects (including single-family residential projects) and annual permits. Applicants may submit a plan waiver request letter in lieu of an ECP for minor disturbances:
1. General Permit: Issued for construction, demolition and site development for single-family homes and duplexes, and utility trench excavation.
2. Site Specific Permit: Issued for construction, demolition and site development for multiple-home developments, apartment complexes and commercial sites.
3. Special Site Permit: Issued for the following sites:
a. Development regulated by the City hillside and foothill area development ordinance, title 11 of this Code.
b. Predevelopment slopes greater than fifteen percent (15%).
c. Ground disturbance of a natural vegetative buffer within fifty feet (50') of wetlands or water bodies.
d. Sites located entirely or partially within an environmentally sensitive area as declared by the Director, or State or Federal authorities.
e. Any other site determined by the Director to have conditions necessitating additional control measures.
4. Annual Permit: Issued for minor disturbances, which are not exempt by this chapter. This permit may include utility installation, project staging areas, stockpile storages and other activities.
a. The permit will be issued to a single permit holder for minor projects valid for one year from the permit issue date.
b. The permit will cover the following activities:
(1) Projects where disturbances are one hundred (100) linear feet or less of linear construction (utilities);
(2) Equipment staging and/or stockpile soil areas of equal to or less than one-fourth (1/4) acres;
(3) Sign installation throughout the City limits.
c. Holders of annual permits are required to notify the City Planning and Development Services of upcoming projects prior to the start of work.
B. Applications: Applications for permits shall be made on forms provided by the City Department of Planning and Development Services (PDS) and shall be accompanied by the applicable fee or fees. In addition, applications for site specific permits, special site permits and annual permits shall be accompanied by two (2) copies of an erosion control plan which is in compliance with the provisions of this chapter. No permit requiring an erosion control plan shall be granted unless the erosion control plan has been approved by PDS.
C. Filing Of Application: Permit applications shall be filed with PDS at the same time as the request for a permit to conduct the construction activity, such as a building permit or grading permit. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)
D. General Permit Requirements: For general permits, although an erosion control plan is not required, the permit will contain requirements and conditions that must be implemented before and during construction. These requirements and conditions will consist of, but are not limited to, the requirements found in this chapter, including fugitive dust. (Ord. 48-14, 12-16-2014, eff. 1-1-2015; amd. 2019 Code)
E. Surety Bond: A surety bond may be required prior to issuance of a permit. The surety bond shall be in a form and amount necessary to ensure the ability to correct any deficiency caused from the failure to comply with the conditions of the permit. The Director may also approve the use of a cash bond or instrument of credit in lieu of the surety bond. Existing surety bonds may be utilized upon approval of the Director. The bond shall remain in effect until the site has achieved final stabilization, at which time the permit may be finalized.
F. Activity Requires Permit; Exceptions Specified: No construction activity shall take place without a valid permit, unless otherwise authorized or exempted under this chapter. Persons performing activities which are exempt from securing a permit shall be responsible to retain sediment and other pollutants from leaving the work site. Should sediment and/or other pollutants not be retained on site, the inspector may require the operator to secure an erosion control permit. As well, other enforcement actions may be applicable depending on the severity of the violation(s). These actions may include, but are not limited to, verbal notice, written correction notices, stop work orders, notice of violation and civil action. The following construction or land disturbing activities do not require a permit as long as no sediment or other pollutants enter the MS4 system or leave the work site:
1. Repair, replacement and utility work which occurs entirely on a residential lot.
2. Drain tiling, tilling or planting incidental to agricultural crops, and harvesting of agricultural, horticultural or silvicultural (forestry) crops.
3. Installation of fence, sign, telephone, electric poles and other types of posts and poles that involves less than two (2) cubic yards of excavation in any one location.
4. Emergency repairs or emergency work necessary to protect life, limb or property. PDS shall be notified of emergency work within three (3) business days of the work beginning. The Director may require a permit after the repair has been performed.
5. Parking lot and driveway repair. A permit is not required if less than ten percent (10%) of the total area of hard surface is removed. Areas exceeding ten percent (10%) will be required to secure a permit.
6. Construction activity that occurs entirely on Federal or State owned lands.
7. Construction and maintenance activity that occurs on transportation rights-of-way or land owned by a separate governmental entity, when an erosion control plan for the activity has been approved by the controlling governmental entity.
8. Construction, maintenance, and any other land disturbing activity on canals, laterals, sublaterals, ditches, drains and other water conveyance facilities, and all appurtenant roadways and structures, which occurs within the fee title lands, rights-of-way, or easements for such facilities and appurtenances. This exemption is not a relief from provisions of this chapter which control activities that impact public or private property.
9. Holders of a Federal multi-sector general permit (MSGP) when the land disturbance is a result of the MSGP sector activity.
10. Demolitions in which a building permit is not required. Where a building permit is required, then an erosion control permit shall be required.
G. Continuous Compliance: Approval of an erosion control plan and issuance of a permit does not relieve a person from the duty to ensure continuous compliance with all conditions of the approved plan or permit, as well as all of the applicable provisions of this chapter.
H. Suspension, Revocation: The permit may be suspended or revoked at any time if the site of the construction activity is not in full compliance with the conditions of the approved erosion control plan, the permit, and all applicable provisions of this chapter; the permit was issued in error; or the permit was based on incorrect information.
I. Notice Of Intent To Suspend: Notice shall be given by the City of the intent to suspend or revoke a permit, and this decision may be appealed in accordance with the provisions of section 9-14-3-2 of this chapter.
J. Failure To Commence Work; Abandonment; Renewal: A permit will be null and void if work has not started within one hundred eighty (180) days from the date of issuance or if work is abandoned for one hundred eighty (180) days. An active permit is one where the site controls continues to be installed, inspected and maintained by the site operator or RP and a requested ESC inspection has not been requested and performed within a six (6) month time from the last City inspection. The project shall not recommence until the permit has been renewed. Such renewal will require submittal of intent to renew the permit, payment of the applicable fee, and approval by PDS.
K. Final Inspection Approval: Once final landscaping and/or final stabilization have been completed and the erosion control permit receives final inspection approval, the conditions of the permit shall cease. Any charges, fees, cleanup costs and penalties must be paid before a permit receives final inspection approval or a letter of completion. Final inspection approval for a phased development permit shall not be issued until all lots have been completed or a legal transfer of ownership has occurred.
L. Continuance Under New Permit Holder: In cases where another person wishes to continue or complete work previously commenced under a permit, this person shall either obtain a new permit or gain transfer of the previous permit. The original permit holder will be released from the permit once another person has become responsible for the conditions for erosion and sediment.
M. Transfer Of Permit: Permits may be transferred to other persons upon approval of the Director after receiving a request for transfer and payment of the applicable fee. The request must contain the name, address, and telephone number of the person to whom the permit will be transferred. The involved parties shall be notified of the decision of the Director within ten (10) working days. If approved, all conditions of the permit shall transfer to the new permit holder. If approval is not granted, an appeal may be taken under the provisions of section 9-14-3-2 of this chapter. (Ord. 48-14, 12-16-2014, eff. 1-1-2015; amd. 2019 Code)