(A) Duration. Permits shall be valid for a period of 180 days, or run concurrently with the building permit or other construction authorizations, whichever is longer. At the written request of the permittee, the Planning Department may extend the period one or more times for up to an additional 180 days. The Planning Department may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this subchapter.
(B) Financial guarantee of performance.
(1) A financial guarantee shall be required for the construction of one- or two-family dwelling units and related accessory structures or improvements.
(2) In all other instances, as a condition of approval for issuance of the permit, the Planning Department shall require the applicant to deposit a surety bond, irrevocable letter of credit, certificate of deposit held as a security, or any other form of financial guarantee of performance acceptable to the Planning Department to guarantee a good faith execution of the approved control plan and any permit conditions. The amount of the financial guarantee shall be provided by the developer or project engineer and approved by the Planning Department. The financial guarantee of performance will not be released until project is in compliance with erosion control measures, including the establishment of a vegetative cover appropriate for the season. The financial guarantee may be cashed by the city to provide for payment of any costs or penalties imposed due to violations of the provisions of this subchapter or noncompliance with the conditions and specifications for the issuance of a permit.
(3) The surety bond, irrevocable letter of credit, certificate of deposit held as a security, or any other form of financial guarantee of performance acceptable to the Planning Department shall be kept current. Any lapse of such financial guarantee shall be considered as a violation of this subchapter.
(C) Permit conditions. All permits shall require the permittee to:
(1) Notify the Planning Department within two working days of commencing any land disturbing activity;
(2) Notify the Planning Department of completion of any control measures within seven days after their installation;
(3) Obtain permission in writing from the Planning Department to modify the control plan;
(4) Install all control measures as identified in an approved control plan;
(5) Maintain all road drainage systems, stormwater management systems, control measures and other facilities identified in the control plan;
(6) Repair any siltation or erosion damage in adjoining surfaces and drainageways resulting from land developing or disturbing activities;
(7) Inspect the construction control measures at least once each week and make needed repairs, and inspect after each rain of 0.5 inches or more;
(8) Allow the Planning Department(s) to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan;
(9) Keep a copy of the control plan on site; and
(10) Certify at project's completion that all utilities have been installed on site and erosion control measures that were damaged or destroyed have been repaired or restored by the utility companies involved.
(11) A memorandum of erosion control responsibility shall be on file with the Planning Department.
(D) Pre-construction conference. For all sites of one acre or more, a pre-construction conference is required before any land-disturbing activity can commence. This conference will be with the Planning Department and the permittee. This conference shall be recorded. If land disturbing activity commences without the benefit of pre-construction conference, it shall be considered a violation of this subchapter. This conference shall include but not be limited to:
(1) Construction schedule;
(2) Memorandum of erosion control responsibility;
(3) Permit conditions;
(4) Conditions of approval;
(5) Discussion of this subchapter, Grading and Erosion Control;
(6) Identification of types of soil stockpiles (working versus storage) and seeding requirements for such piles that achieve the objectives of this subchapter.
(Ord. 06-12, passed 6-26-2006; Am. Ord. 2020-05, passed 2-24-2020)