El Dorado County Municipal Code Art. II Permit Processing

Grading plans submitted to the County in support of a permit application shall include the informational items listed in Section D, and be consistent with the design standards described in Section B, of the Grading, Erosion and Sediment Control Chapter of the Design and Improvement Standards Manual as currently adopted by the County Board of Supervisors.

(Ord. No. 4949, § 2(15.14.200), 8-10-2010)

Applications for a grading permit shall be reviewed in accordance with the procedures outlined in Section E of the Grading, Erosion and Sediment Control Chapter of the Design and Improvement Standards Manual as currently adopted by the County Board of Supervisors. Inspections shall be conducted pursuant to the procedures outlined in Section F of the Grading, Erosion and Sediment Control Chapter of the Design and Improvement Standards Manual as currently adopted by the County Board of Supervisors.

(Ord. No. 4949, § 2(15.14.210), 8-10-2010)

A. The permittee shall perform and complete all the work required by the permit within time limits specified in the permit. If the work cannot be completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Director no later than 15 days prior to the expiration of the permit. The Director may add additional time for completion of the work. For single parcel site development, the permit shall be valid for the length of time specified in the California Building Code as amended by County ordinance.

B. If all the permit work required is not completed within the time limit specified in Subsection A of this section, no further grading shall be done without renewing the permit. The Director may require specific measures to be immediately implemented to ensure stabilization of the site. A written request for renewal shall be submitted to the Director, who may require a new application and fees depending on the time between the expiration date and the renewal request, revisions in County regulations, or changed circumstances in the immediate area. Any revised plan shall be submitted to the Director for review, and any costs thereof shall be at the applicant's expense.

(Ord. No. 4949, § 2(15.14.220), 8-10-2010)

A. Fee schedule. The schedule of fees and costs shall be those established from time to time by duly adopted resolutions of the Board of Supervisors.

B

Timing of payment. As part of the application, the applicant shall provide to the County either an initial deposit of funds or a fixed fee as authorized by the adopted County Fee Ordinance. Fees and deposits shall be provided to the administrative authority as identified pursuant to Section 110.14.120. The authorized methods of County cost recovery are described below:

1. Fixed fee cost recovery. For projects eligible for the fixed fee cost recovery method, the fee shall be paid at the time of application. Fixed fees shall be allocated in equal amounts to cover the cost of plan check and the cost of construction inspection and be subject to the refund procedures specified in the applicable adopted fee ordinance or resolution.

2. Time and materials cost recovery. For projects that require time and materials reimbursement, an initial deposit of funds shall be provided based upon an engineer's estimate of project cost. This deposit shall constitute an estimate of the County's costs of permit processing. During permit processing, the applicant shall be periodically billed to cover ongoing County costs when a designated portion of the deposit, as determined by the Director, has been expended. Prior to permit issuance, or on an alternate schedule approved by the Director, any unpaid County costs associated with processing of the permit shall be paid by the applicant. In addition, the applicant shall provide a second deposit to cover the costs of construction inspection. During the inspection period, the applicant shall be periodically billed to cover ongoing County costs when a designated portion of the inspection deposit, as determined by the Director, has been expended. Any outstanding County costs at the time of final inspection shall be billed to the applicant. No additional permits shall be issued on a parcel with an unpaid bill for County costs. If there is a balance due the applicant at the time of final inspection approval, a refund will be processed within 60 days and funds will be forwarded to the owner of record.

C. Public agencies. The fee required of public agencies may be waived pursuant to the policy of the County Board of Supervisors.

D. Public utilities. Public utilities may, at the option of the Director, make payment for the above charges as billed by the Director instead of by advance deposit as required in Subsection B of this section.

E. Violation fees. If grading work is done in violation of this chapter or such work is not done in accordance with an approved permit, a fee covering investigation of any violation and the inspection and plan checking of work required to correct such violation shall be charged to the violator at an amount equivalent to twice the regular permit fee. These fees are in addition to any fines or penalties imposed pursuant to Sections 110.14.410 and 110.14.420.

(Ord. No. 4949, § 2(15.14.230), 8-10-2010)

No permit issued under this chapter may be transferred or assigned in any manner whatsoever, without the express consent of the Director.

(Ord. No. 4949, § 2(15.14.250), 8-10-2010)

The issuance of a permit or approval of plans and specifications shall not be construed as an approval of any violation of the provisions of this chapter or of any other applicable law, ordinance, rule or regulation. If a permit is issued by the County due to inaccurate plans and informational materials submitted by the applicant, the Director may revoke the permit at any time.

(Ord. No. 4949, § 2(15.14.260), 8-10-2010)

Final decisions made by the Director, or by any applicable County commission, appeals board or decision maker, pursuant to this chapter may be appealed to the Board of Supervisors within ten working days of the date of such decision. The appeal to the Board shall be made in writing and shall list the specific grounds for the appeal.

(Ord. No. 4949, § 2(15.14.270), 8-10-2010)

Grading activities to protect life or property, or to implement necessary erosion control measures, may be initiated prior to obtaining a permit when a situation exists that requires immediate action. Only the volume of grading necessary to abate an imminent hazard may be performed prior to obtaining a permit. The person performing such emergency work shall notify the Director and provide photographic evidence of the scope and necessity of the work on the next full working day after the onset of the emergency situation. The person performing the emergency work or the landowner shall apply for a permit within ten calendar days after the commencement of grading. The Director may order work to be stopped or restricted in scope based upon the nature of the emergency.

(Ord. No. 4949, § 2(15.14.280), 8-10-2010)

Grading activities that cause or have the potential to result in the following conditions, as determined by the Director, are prohibited.

A. The creation of a hazard to public health and safety.

B. A threat to the stability or use of adjacent property.

C. Damage to public or private utilities.

D. Damage to a public or private roadway or other transportation facility.

E. Damage to, or obstruction of, watercourses or drainage facilities.

F. Substantial degradation of water quality of any water body.

G. Damage to existing septic systems and water supply wells.

If one or more of the conditions listed in Subsections A through G of this section exist or have the potential to occur, it is the responsibility of the landowner to immediately cease all grading activities and notify the Director. The landowner shall obtain a new or revised grading permit to authorize the work necessary to eliminate the hazard. The Director may require the submission of new plans and engineering or geological reports that include professional design recommendations. The Director may require design modifications to address the identified issues. In the case of an emergency condition, the Director may authorize immediate work to occur pursuant to Section 110.14.280.

(Ord. No. 4949, § 2(15.14.290), 8-10-2010)