a. Application.
1. Written. To obtain a permit the applicant shall first file a written application on an approved form. Every application shall conform to the requirements set forth in subsection 19-3.10.
2. Information. The following shall be included on each application form: site description; names, addresses, and phone numbers of persons involved; estimate of the time schedule of work; estimate of the cost of performing the work; signature of the owner or authorized agent; and any other information required by the Town Engineer.
3. Accompanying Materials. The application shall be accompanied by the following material: Applicable fees; engineer’s estimate of quantities and cost of work; three (3) copies of a geotechnical or engineering geology reports; four (4) sets of grading or site plans; four (4) sets of interim and final erosion-control plans; master work schedule; approved bonds or securities; any other additional information required by the Town Engineer.
4. Civil and Soil Engineer’s Signatures. Plans shall be prepared and signed by the civil engineer. The plans shall also be reviewed for conformance to the soil engineer’s recommendations and signed by the soil engineer. Signatures may not be required if approved by the Town Engineer.
5. Other Clearances. Written clearance will be required from both Building and Planning Divisions. Written clearances may also be required from, but not limited to, the following agencies: The California Regional Water Control Board, California Department of Fish and Game, Fire Protection District, U.S. Army Corps of Engineers. The applicant shall be responsible for submitting copies of plans and reports required by those divisions or agencies.
6. Haul Routes. If the grading project includes the movement of earth material to or from the site in an amount considered substantial by the Town Engineer, the permittee shall submit a haul plan for review and approval by the Town Engineer prior to the issuance of a grading permit. This plan should include the proposed route, size of trucks, dust control measures, and time and frequency of trips. The Town Engineer may require alternate routes or special requirements in consideration of the possible impact on the adjacent community or roadway. There shall be no additional fee for the haul route plan check.
7. Peer Review. The Town may contract for outside technical peer review of civil and geotechnical engineering reports and plans at the applicant’s expense. The cost for peer review shall be added to the permit fee. Any disputes arising from peer review shall be resolved by the Town Engineer within ten (10) working days from the applicant’s written request.
b. Approval and Issuance.
1. Applications in which the design meets the requirements of this chapter, and the construction is not deemed detrimental to adjoining properties or to the public interest, shall be approved. When all fees and bonds are posted, a permit shall be issued, and the approval and issuance shall be noted on the application and plans.
2. Applications and plans found inadequate or not in compliance with this chapter shall not be approved until revised to conform to the conditions and regulations prescribed herein.
3. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the development plans and specifications approved by the Town Engineer.
4. Grading permits do not relieve the owner of the responsibility of securing permits or licenses that may be required from other departments or divisions of the governing agencies. When an application is approved and a permit issued, one set of approved plans shall be kept available for reference at the job site during grading and construction. The permit shall be posted securely in a conspicuous location on the site.
5. Permits for projects requiring approved public improvement plans shall not be issued prior to the return to the Town of the first plan check of the improvement plan, unless specifically authorized by the Town Engineer.
c. Amendments.
1. All changes in the plans, grades, or extent of work shall be submitted to the Town Engineer for written approval and incorporation into the permit prior to starting any work covered by the proposed revision. The approving agency may amend the permit to include the altered plans, or may deny approval of the changes.
2. Failure to obtain prior approval for any change in the work shall be cause for the Town Engineer to order suspension of all work until approval is obtained, and may result in revocation of the permit.
d. Transfer.
1. Any transfer of a permit from the permittee to another person shall be ineffective and void unless approved by the Town Engineer.
2. The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification thereof that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved.
e. Expiration and Renewal/Extension. Applications shall be considered “pending” until a grading permit is issued, denied or withdrawn. Applications shall expire ninety (90) days from the date of filing. An expired application may be renewed or a new application filed on payment of a new filing fee. Before the expiration of a permit, the applicant may apply for an extension of time in which to complete the work. One (1) extension of time may be granted by the Town Engineer if it is judged that the public welfare will not be impaired. The extension shall be for a period the Town Engineer deems appropriate, but not longer than one year. Denial of an extension shall not preclude the permittee from applying for a new permit for the balance of the work, subject to conditions the Town Engineer deems appropriate. The applicant shall file the surety’s written consent to any extension of time before approval is effective.
f. Suspension and Revocation.
1. Grounds. A permit may be either suspended or revoked if the Chief Building Official or Town Engineer finds that:
(a) Conditions at the site vary substantially from those shown and stated in the application and development plans;
(b) Grading or construction does not conform to the approved plans, grades or other conditions of permit;
(c) Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;
(d) The permittee does not comply with reasonable requirements to safeguard the workmen, the public or other persons acting in a lawful manner, during grading or construction operations;
(e) In transporting materials, or in the operation of equipment, the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area;
(f) There is no qualified technician, working under the soil engineer, on the site during grading and construction requiring his approval.
2. Procedure. The Town Engineer may suspend or revoke a permit by making a written finding and order; and he may seize the permit and/or make appropriate notations on its of the suspension or revocation. Upon the written order of the Town Engineer, any suspended permit must be either reinstated or revoked.
3. Effective of Revocation. Whenever a permit has been revoked, work on the site shall not begin again until a new application incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of this chapter, and in accordance with these regulations, has been approved by the revoking agency.
g. Notice to Stop Work. On issuance of a written notice to cease work, the permittee shall immediately stop all grading and hauling operations until written permission is received from the Town Engineer allowing the permittee to proceed.
h. Fines and Penalties. Any person, firm, corporation or agency acting as principal agent, employee, or otherwise, who fails to comply with the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction thereof, the offender shall be punishable by a fine of no less than one thousand ($1,000.00) dollars and not more than twenty thousand ($20,000.00) dollars or by imprisonment in the County jail for not more than six (6) months or both, for each separate offense. Each day any violation of this chapter continues shall constitute a separate offense.
i. Appeal. Suspension, revocation and Stop Work Notices may be appealed to the Town Manager. The Town Manager’s decision may be appealed to the Planning Commission in accordance with the Town Code.
(Ord. #89-22, §92-8.12)