Article IV — County Stormwater Permits

Except for the exemptions described in Section 13.08.255, no person shall engage in development, as defined in this chapter, without first obtaining a valid county stormwater permit from the director of public works.

Upon receipt of a permit application in accordance with the provisions of Section 13.08.260 of this chapter, the director of public works shall determine the required stonnwater quality controls in accordance with the regulations of the county NPDES permit and shall impose those controls on the said development by means of the stormwater permit.

(Ord. 2005-61 § 1 (part))

The following types of discharge and development may be performed without obtaining a county stormwater permit:

A.

Those discharges described in Section 13.08.095(A) of this chapter.

B.

Development that does not create or replace more than five thousand (5,000) square feet of impervious surfaces, provided that the development is not part of a larger plan of development that does create or replace more than five thousand (5,000) square feet of impervious surface, and that the development does not involve the construction, modification, removal, or replacement of a stormwater facility. Impervious surfaces shall include, but not be limited to, buildings, exposed foundations, roadways, driveways, walkways, patios, ramps, parking lots, and other structures that generate stormwater runoff. Lined drainage channels or ponds shall not be considered impervious surfaces.

(Ord. 2005-61 § 1 (part))

A property owner, or his agent, intending to obtain a county stormwater permit shall file an application for the same upon a form prepared and published for this purpose by the director of public works. All applications shall include a plan check fee, an inspection fee, plans and specifications as required, supporting calculations as required, and a clear description of the total scope of work. The director of public works shall have the authority to require additional information and/or supplementary submittals from the applicant, if so required to determine if the proposed work is in accordance with the provisions of this chapter.

(Ord. 2005-61 § 1 (part))

Plans, specifications, calculations, and other documents shall be submitted to the director of public works for his review in connection with the application for a county stormwater permit. The type, extent, content, and preparation requirements of such documents shall be prescribed in procedures and guidelines prepared for this purpose by the director.

(Ord. 2005-61 § 1 (part))

A.

The director of public works shall not issue a county stormwater permit until he is satisfied that the proposed project plans are in compliance with the provisions of this chapter and any other rule, regulation, ordinance or other requirement of the county or of any other public agency having jurisdiction.

B.

The authorized work shall be limited to that scope described in the permit and shown on the associated plans.

C.

The director of public works shall have the authority to establish any condition of approval necessary to protect the health, safety, and welfare of the public, to avoid the creation of a nuisance, to enhance the expeditious and satisfactory completion of the work and to comply with the provisions of this chapter and the NPDES municipal stormwater permit.

D.

The issuance of a stormwater permit by the director of public works shall not be construed as relieving the permittee from obtaining all other necessary approvals, permits, releases, easements, or rights-of-entry from other department or agencies of the county, other public agencies, or other property owners. Permit issuance shall also not be construed as approval to violate any of the conditions of this chapter or of any other regulation, rule, law, condition, or ordinance of the county or of other public agencies, and shall not prevent the director of public works from requiring the correction of errors or from directing the stoppage of work that is in violation of this chapter.

E.

Unless otherwise specified in the issued permit, all work must be completed within one year of the date of issuance. If the work cannot be completed within the time limit established, the permittee may request a permit extension from the director of public works.

F.

If the work is incomplete prior to the date of expiration of the permit, and no permit extension has been granted by the director of public works, the work site shall be secured and no further work shall be performed by the permittee. The permittee may request the issuance of a renewal permit to complete the work; however, the director of public works shall have the authority to require the resubmittal of a permit application, including the payment of additional plan check and inspection fees, as a condition of issuance of any renewal permit.

G.

To the fullest extent permitted by law, any person taking a permit under the provisions of this Article (hereinafter "permittee") shall indemnify, defend, and hold harmless the county, the board of supervisors, the director of public works, and all other officers, employees, and agents of the county (hereinafter collectively "indemnitees") from any and all claims, losses, damages, liabilities, or expenses, including reasonable attorney fees incurred in the defense thereof, for the death of or injury to any person or persons (including the permittee's or the county's employees), or damage to any property that arises out of or is in any way connected to the issuance of a permit under this article or to work performed by the permittee or permittee's contractors, consultants, or agents under such a permit (hereinafter collectively "liabilities") The only exceptions to this duty to indemnify defend, and hold harmless are for those liabilities caused solely by the negligence or willful misconduct of any indemnitee.

H.

The director of public works shall have the authority to require that the post-construction operation, repair, and maintenance of any stormwater quality controls be made subject to a permanent maintenance plan, prepared by the permittee, and approved by the director.

(Ord. 2005-61 § 1 (part))