Santa Clara County Municipal Code Part 3 Fees and Securities

(a) At the time of submittal of final grading plans as provided in section C12-465, the applicant shall pay a minimum nonrefundable plan check fee in an amount prescribed by resolution of the Board of Supervisors. Prior to issuance of a Grading Permit, the applicant shall pay a minimum nonrefundable inspection fee and any additional plan check fee based on either project valuation based upon the engineer's estimate of probable cost or staff hours spent on the project, in an amount prescribed by resolution of the Board of Supervisors.

(b) In situations where a private civil engineer is authorized by the Grading Official to perform the inspection work (per this chapter), the inspection fee to be paid to Land Development Engineering shall be 20 percent of the amount of the inspection fees which would have been due for County inspection of the grading.

(c) At the time that the applicant submits a final grading plan, the applicant may request that the Grading Official estimate the time required to check the grading plan based on the current workload and staffing level. If the applicant desires faster checking of the final grading plan, the applicant may request Grading Official contract or employ a private entity or persons on a temporary basis to perform the plan checking services. However, the Grading Official need not enter into such a contract or employ such persons if the Grading Official determines either that (1) no such entities or persons are available or qualified to perform such services, or (2) the Grading Official would be able to perform services in a more rapid fashion than would any available and qualified persons or entities. Such entities or persons employed by the Grading Official may, pursuant to an agreement with the Grading Official, perform all functions necessary to check the grading plans and to comply with other requirements imposed pursuant to this chapter, except those functions reserved by this chapter to the Grading Official or legislative body. The applicant shall pay a special plan checking fee in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section. The special plan checking fee is in addition to the standard plan check fee established in this part and shall be in the amount prescribed by resolution of the Board of Supervisors.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The Grading Official will require an improvement security to mitigate any potential hazardous conditions resulting from any grading work. A grading or drainage permit will not be issued for work with any potential to create a hazardous condition during construction unless the permittee first posts an improvement security in an amount of the total project work to mitigate any potential hazardous conditions. The grading official may reduce the initial improvement security amount based on the severity of any potential hazardous conditions.

Each improvement security will remain effective until completion of the work satisfactory to the Grading Official. Upon failure to complete the work or failure to comply with all of the terms of the permit, the County may do the required work to mitigate any potential hazardous conditions or cause it to be done, and collect from the permittee or surety company all costs, including administrative costs, incurred for completing the work. Any unused portion of a cash security will be refunded after deduction by the County of the total cost of said work.

(Ord. No. NS-1203.120, § 1, 4-9-13)

For sites of extraordinary environmental significance and grading work that may result in an extremely hazardous condition, the Grading Official may require improvement security amount attributable to mitigation of any potential hazardous conditions be provided by cash or check, to allow for a rapid response, to implement necessary remedial measures.

(Ord. No. NS-1203.120, § 1, 4-9-13)

If construction of the project is not completed within three years after issuance of the permit, the Grading Official may require an additional estimate of the remaining work to increase the improvement security amount to cover the additional mitigation costs of any potential hazardous conditions.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The improvement security amount may be reduced by the Grading Official as project work progresses, depending on the severity of any potential hazardous conditions. Improvement security reductions may be granted in increments of 25 percent of the total project work unless it is the final release of improvement security.

The Grading Official may allow one final reduction of the remaining 25 percent if the costs to mitigate the remaining potential hazardous conditions are less than the securities being held. The final reduction will not exceed one-half of the remaining improvement security. A written request for the final reduction shall be submitted to the Grading Official.

(Ord. No. NS-1203.120, § 1, 4-9-13)