Article 12 — Permit Implementation, Time Limits, and Extensions.

This article provides requirements for the implementation of the permits required by this chapter, including time limits and procedures for granting extensions of time.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

A.

Ministerial permit. A ministerial construction grading or drainage permit shall become effective on the date of ministerial permit application approval.

B.

Discretionary permit. A discretionary construction grading or drainage permit shall become effective on the 11th day following the date of discretionary permit application approval, provided that no appeal has been filed or direct review requested in compliance with Article 16.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

A.

Time limits.

Construction grading permits. Construction grading permits shall expire three (3) years from the effective date of the permit, unless an extension has been granted in writing in compliance with Subsection B, provided that the director may limit a construction grading permit to a lesser time period where the permit is required to abate dangerous or hazardous conditions. All work for which a construction grading permit is issued shall be completed and finaled prior to expiration of the permit or any extension granted pursuant to Subsection B.

Construction drainage permits. Construction drainage permits shall expire three (3) years from the effective date of the permit, unless an extension has been granted in writing in compliance with Subsection B, provided that the director may limit a construction drainage permit to a lesser time period where the permit is

required to abate dangerous or hazardous conditions. All work for which a construction drainage permit is issued shall be completed and finaled prior to expiration of the permit or any extension granted pursuant to Subsection B.

B.

Extensions. Any permittee holding an unexpired construction grading or drainage permit may apply for an extension of the time within which the work for which the permit is issued must be completed and finaled. The director may extend the expiration date of the permit for a period not exceeding one hundred eighty (180) days per extension request where the permittee has requested the extension in writing prior to the expiration of the permit or extension and shown that a lawsuit, staff error, or other circumstances beyond the control of the permittee have prevented the work for which the permit is issued from being started or completed.

C.

Tolling. Any permittee holding an unexpired construction grading or drainage permit may request a tolling of the time within which the work for which the permit is issued must be completed and finaled where a lawsuit is brought in a court of competent jurisdiction involving the approval of the permit. Upon receipt of a request, the director shall grant a stay for the period during which the litigation is pending, subject to the following limitations:

The stay may not be granted until the county is served with the initial petition or complaint. If the county is not a party to the litigation, the county must be served with a courtesy copy of the initial pleading.

The stay may only be granted where the litigation is brought by opponents of the work to attack or overturn the approval.

D.

Effect of expiration. After the expiration of a construction grading or drainage permit, no further work shall be done on the site until a new permit is obtained. The new permit shall be subject to the following requirements:

A new permit issued to recommence work started under an expired permit shall be based on the provisions of this chapter in effect at the time the original expired permit was issued.

A new permit issued to commence work under an expired permit shall be based on the provisions of this chapter in effect at the time the original expired permit was issued if the new permit application is submitted within six (6) years following the issuance of the original expired permit.

A new permit issued to commence work under an expired permit shall be based on the provisions of this chapter in effect at the time the new permit application is submitted if the new permit application is submitted more than six (6) years following the issuance of the original expired permit.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

All work for which a construction grading or drainage permit is required shall be subject to the following requirements.

A.

Pre-construction consultation. The permittee and the director shall have a pre- construction consultation prior to the commencement of the work.

B.

Responsibility for the work. The permittee shall be responsible for ensuring that the work is performed in compliance with the approved plans and specifications.

C.

Notification of change in ownership. The permittee shall notify the director of any change in ownership of the site prior to completion of the work.

D.

Inspection. The work shall be subject to inspection as required by the director to ensure compliance with the approved plans and specifications. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or other provisions of this code. Inspections presuming to give authority to violate or cancel the provisions of this chapter or other provisions of this code shall not be valid.

Site access. The permittee shall provide adequate access to the site for inspection by inspectors designated by the director during the performance of all work and for a minimum of one (1) year after final inspection.

Special inspections and certifications. The director may require special inspections and certifications to verify proper completion of the work.

a.

Type of inspections and certifications. Special inspections and certifications may include requiring: the permittee to provide a civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, and/or other consultants to perform inspections of work in progress and to certify the proper completion of work; inspection and testing by an approved testing agency; or the submittal of periodic progress reports.

b.

Notification of noncompliance. Where the use of a civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant is required, these personnel shall immediately report in writing to the director and the permittee any instance of work not being done in compliance with this chapter, other applicable provisions of this code, the department's best management practices for construction grading and drainage, or the approved plans and specifications, and shall also provide recommendations for corrective measures, if determined by the consultant to be necessary.

c.

Transfer of responsibility for approval. If a required civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant is changed during the course of the work, the work shall be stopped until the permittee notifies the director in writing of the change and the new consultant notifies the director in writing of their agreement to accept responsibility for approval of the completed work within the area of their technical competence.

E.

Field changes. After permit issuance, no change to the approved work shall occur without the prior written approval of the director. If the director determines that the changes are minor, the changes shall be shown on as-built plans. If the director determines that the changes are significant, a request for a modification to the approved plans and specifications shall be filed as provided in Section 11.10.020.D.2.

F.

Protection of utilities. As required by Government Code section 4216.2, the permittee shall contact the Underground Service Alert (USA) prior to starting any excavation that will be conducted in an area that is known, or reasonably should be known, to contain subsurface utility installations. Contact shall occur at least two (2) working days, but not more than fourteen (14) calendar days, before the excavation starts. If practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

G.

Stop work orders. The director may order that any work performed contrary to the requirements of this chapter, other applicable provisions of this code, the approved plans and specifications, or any permit conditions, or any work that has otherwise become hazardous to property or the public, be immediately stopped. It shall be unlawful and a violation of this chapter for any person to resume work that was ordered to be stopped by the director, unless the director has required and the permittee has agreed to any necessary corrective measures, and the director has authorized resumption of the work in writing. A violation of a stop work order shall be punishable in compliance with Section 11.20.070.B.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

A.

Final reports. Upon final completion of all work for which a construction grading or drainage permit is required, the director may require the following plans and reports, supplements thereto, or other documentation, prepared by the appropriate professionals in the format required by the director. The director may also require such plans and reports at other stages of the work.

As-built plans. A set of as-built plans including original and finished contours at intervals acceptable to the director, parcel drainage patterns with directional arrows, locations and elevations of all surface and subsurface drainage facilities, and locations of all post-development stormwater best management practices.

Testing records. A complete record of all field and laboratory tests, including the location and elevation of all field tests.

Professional opinions. Professional opinions regarding slope stability, soil bearing capacity, and any other information pertinent to the adequacy of the site for its intended use.

Declarations about completed work. Declarations by any civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant required by the director pursuant to Section 11.12.040.D.2, that all work was done in compliance with the approved plans and specifications and the recommendations of required reports.

B.

Final inspection. No permittee shall be deemed to have complied with the provisions of this chapter until a final inspection of the work has been completed and approved by the director. The permittee shall notify the director when the work is ready for final inspection. Final approval shall not be given until all work has been

completed in compliance with the approved plans and specifications, and all reports required by Subsection A have been submitted and accepted.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)