Moraga Municipal Code Ch. 14.24 Issuance of Grading Permits

The issuance of a permit under this chapter authorizes only that work described or illustrated in the permit as issued. The permittee shall bear full responsibility for the performance of the work in accordance with the approved plans and specifications and any approved modifications thereof.

A permit issued under this chapter shall not relieve any person from liability, nor impose liability on the town, for damage to persons or public or private property; nor shall compliance with such permit or any conditions therein relieve any person from such liability.

(Ord. 210 (part), 2006)

In granting any permit under this chapter, the design review administrator, design review board, town council, and/or town engineer may attach such conditions thereto as they deem reasonably necessary to safeguard life, public and private property, and to insure that the work will be carried out in an orderly manner in conformance with all regulations and without creating a public nuisance. The town engineer may add to, or change such conditions from time to time during the duration of the permit as he or she deems necessary as a result of changed conditions.

(Ord. 210 (part), 2006)

After approval or conditional approval of an application by the design review administrator, design review board, or town council as appropriate, the town may issue a permit upon approval by the town engineer of the following:

A. Grading plans and specifications shall include applicable standards, notes and other conditions of approval as required by the town;

B. Geotechnical engineering report and/or engineering geology report;

C. Work schedule;

D. Erosion control plan, copies of notice of intent (NOI), stormwater pollution prevention plan (SWPPP) and/or best management plan (BMP) when required;

E. Waste material recycling plan;

F. Final application review and processing deposit;

G. Security, if required pursuant to Chapter 14.28 of this code;

H. Fees pursuant to Section 14.20.010 of this code;

I. Supplementary material required by the town including, but not limited to, evidence of neighborhood notification.

(Ord. 210 (part), 2006)

The town engineer shall review all plans, specifications, reports and other required data submitted by applicant. All submitted documents shall be reviewed for consistency and compliance with the requirements of this chapter and approvals by the design review administrator, design review board, or town council, as applicable. The town engineer may require applicant to modify the grading plan, SWPPP, erosion control plan and schedules ("Order to Modify").

(Ord. 210 (part), 2006)

When an application is approved and a permit issued, two sets of plans and accompanying documents shall be clearly marked as reviewed and approved and shall be returned to the applicant. One set shall be kept available for reference at the job site during grading and construction. The applicant may submit additional sets of plans and documents for notation as reviewed and approved.

(Ord. 210 (part), 2006)

The permit shall be posted securely in a conspicuous location on the site.

(Ord. 210 (part), 2006)

Permits issued under this chapter do not relieve the owner of the responsibility of securing permits or licenses that may be required from other departments or divisions of the town or other governing agencies.

(Ord. 210 (part), 2006)

The permittee shall complete all of the work required within the time limit specified in the permit conditions. If no time limit is specified work shall be completed within two years of the date of issuance of the permit.

(Ord. 210 (part), 2006)

Sixty (60) days before the expiration of a permit, the permittee may apply for an extension of time to complete the work. One extension may be granted by the town engineer if, in his or her judgment, the public welfare is not impaired. The extension shall be for a period the town engineer deems appropriate, but not longer than twelve (12) months. If the town has required surety bond from the permittee seeking an extension, the permittee shall file the surety's written consent to any extension of time before approval is effective. Denial of an extension shall not preclude the permittee from applying for a new permit.

(Ord. 210 (part), 2006)

Permits may be amended as follows:

A. Minor Changes. Minor changes in the plans, grades, or extent of work shall be submitted to the town for written approval and incorporation into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The town may amend the permit to approve altered plans, or may deny approval of the changes;

B. Significant Changes. Significant changes to the plans, grades, or extent of work, as determined by the town, shall require a new application.

Failure to obtain prior approval for any change in the work shall be cause for the town to order suspension of all work until approval is obtained, and may result in revocation of the permit if it deems the changes will increase the hazard to adjoining properties or public roads, or otherwise be detrimental to public welfare.

(Ord. 210 (part), 2006)

A permit issued pursuant to this chapter may be assigned, provided that all of the following requirements are satisfied:

A. The permittee notifies the town of the proposed assignment;

B. The proposed assignee satisfies all of the following:

1. Submits an application pursuant to this chapter,

2. Agrees in writing to all the conditions and duties imposed by 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,

3. Agrees in writing to assume responsibility for all work performed prior to the assignment,

4. Provides security pursuant to Chapter 14.28 of this code, and

5. Agrees to pay all applicable fees.

(Ord. 210 (part), 2006)