Tehama Municipal Code § 9.43.080 Contents of permit—Grading plan

The applicant for any grading permit shall submit a grading plan in compliance with the grading standards and the other provisions of this chapter. Upon approval and issuance of the permit, such grading plan shall be included with the permit and shall become part of the terms of the permit.

(Ord. 1901 § 1(part), 2008)

The grading permit shall require the applicant to provide a permanent erosion plan in compliance with the grading standards to be implemented upon completion of the project, which plan shall be approved prior to the commencement of any work. For any discretionary grading permit, the plan shall be prepared by a registered civil engineer experienced in erosion control, a certified professional soil erosion and sediment control specialist, or a soil scientist certified by the American Registry of Certified Professionals in Agronomy, Crops and Soils.

(Ord. 1901 § 1(part), 2008)

A. If work on the project will not be completed by October 15th, and the grading permit does not provide for work to continue during the period October 15th through May 1st (the "wet weather season"), a plan for closing the project during the wet weather season, in compliance with the grading standards, shall be submitted by the applicant and shall be included as part of the terms of the permit. The closure plan shall be prepared and certified by a professional listed in Section 9.43.090.

B. If the grading permit provides for work to be done during the wet weather season, the permit shall contain a wet weather operating and erosion control plan in compliance with the grading standards, which plan shall be approved prior to the commencement of any work. The wet weather plan shall be prepared and certified by a professional listed in Section 9.43.090. That plan shall include all necessary temporary and permanent erosion control measures, as set forth in the grading standards, including those to be followed should the work stop at any time during the wet weather season. The permit shall contain a timetable for installation of the erosion control measures.

C. The director may refuse to allow any grading on a project for which a discretionary grading permit is required during the wet weather season.

(Ord. 1901 § 1(part), 2008)

Each grading permit shall contain a plan for ongoing maintenance of erosion control measures during the duration of the project and for three years after completion of the project, in compliance with the grading standards. The permittee shall be responsible for such maintenance. The maintenance plan shall be approved prior to the commencement of any work.

(Ord. 1901 § 1(part), 2008)

When a grading permit is issued, the plans and specifications required under this chapter shall be endorsed in writing or stamped "APPROVED." Plans that have been approved and included as part of the terms of a permit shall not be changed, modified, or altered without written authorization by the director, and all work shall be done in accordance with the terms of the permit and the approved plans.

(Ord. 1901 § 1(part), 2008)

As a condition of issuance of any grading permit, the permittee shall agree to defend, indemnify, and hold harmless, at the permittee's sole expense, the county and its employees, officers, directors, contractors and agents from and against any claim, action, or administrative proceeding challenging the county's decision to issue a permit to the permittee, any environmental review or absence thereof associated with the proposed grading, or the manner in which the county interprets or enforces the terms and conditions of this permit at any time, and to pay all losses, liabilities, damages, penalties, costs, awards, judgments, fees (including reasonable attorney's fees) and expenses arising from such claim, action, or administrative proceeding. Counsel for the county in any such legal defense shall be selected by the county. As a further condition of issuance of any such permit, upon demand from the county, the permittee shall reimburse the county for any court costs and/or attorney's fees which the county may be required by a court to pay as a result of any claim, action, or administrative proceedings described in this section. Neither the issuance of a permit, nor compliance with the conditions thereof, relieves the permittee from any responsibility otherwise imposed by law for damage to persons or property, nor shall the issuance of any permit hereunder serve to impose any liability upon the county, its officers or employees for injury or damage to persons or property. Except with respect to the county's sole negligence or intentional misconduct, the permittee shall indemnify, defend and hold harmless the county, its officers, agents, and employees, from any and all claims, demands, costs, expenses, including attorney's fees, judgments or liabilities arising out of the work or operations described in a grading permit issued hereunder.

(Ord. 1901 § 1(part), 2008)

A discretionary grading permit may require the posting of security in an amount sufficient to cover all corrective action or site restoration work and the cost of permanent erosion control measures for a period of three years from the date of completion of the permanent erosion control measures.

(Ord. 1901 § 1(part), 2008)

The director of the department of public works shall charge the fees established by ordinance or resolution of the board of supervisors for issuance of a ministerial or discretionary grading permit. The board of supervisors may set such fees in an amount sufficient to recover the county's reasonable costs incident to the issuance of such permits, and to the investigation, inspection, administration, and maintenance of the system of supervision and enforcement as set forth in this chapter.

(Ord. 1901 § 1(part), 2008)

(Ord. No. 1927, §§ 4, 5, 10-6-2009)

A. A ministerial grading permit shall be issued upon a determination by the director of the department of public works that the work described in the application for the permit and the plans filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fee has been paid.

B. A discretionary grading permit may be issued only if the director determines that the work described in the application for the permit and the plans filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fee has been paid, and that all required security has been provided. The director of public works may impose upon any discretionary permit any conditions necessary to protect the public health, safety and welfare, ensure proper completion of grading and conform the proposed grading to the standards of this chapter. Such conditions may include, but are not limited to improvement of any existing grading project to bring it up to the standards of this chapter, requirements for fencing of excavations or fills which would otherwise be hazardous, specification of haul routes for materials, and/or restriction upon hours of operation, season of work, weather conditions, or sequence of work. The director may deny an application for a discretionary permit if the director determines that such denial is necessary to protect the public health, safety and welfare. An applicant may appeal the conditional approval or denial of a discretionary grading permit to the board of supervisors within thirty days of the mailing of the director's decision. The board of supervisors review upon such appeal shall be de novo, and the board may affirm, modify, or set aside, in whole or in part, by its own order, any such decision of the director.

(Ord. 1901 § 1(part), 2008)

Grading operations shall be started within one year from the effective date of the grading permit unless extended by the director for good cause, or the permit shall expire and a new application shall be required. "Good cause" shall include, but not be limited to, delays in obtaining required permits from other agencies provided the applicant has diligently pursued said permits. The grading permit shall be valid for a period of three years.

(Ord. 1901 § 1(part), 2008)

The issuance of a grading 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 laws, ordinances, rules or regulations.

(Ord. 1901 § 1(part), 2008)

No grading permit issued under this article may be transferred or assigned in any manner whatsoever, without the express written consent of the director.

(Ord. 1901 § 1(part), 2008)

Any person holding a valid grading permit may file an application to modify the permit. The application shall be filed and processed in the same manner as an application for a new grading permit, and shall emphasize changes to the grading activity. The director's action authorizing a modification to a discretionary grading permit may include changes to conditions of the original grading permit.

(Ord. 1901 § 1(part), 2008)

The director may, in writing, suspend or revoke a grading permit issued under the provisions of this chapter when the permit is issued in error or on the basis of incorrect information supplied, or in violation of any law, ordinance, or regulation, or any of the provisions of this chapter.

(Ord. 1901 § 1(part), 2008)