Woodside Municipal Code § 151.72 Certificates of completion

If, in the course of fulfilling their responsibilities under this chapter, the Civil Engineer, Architect, Landscape Architect, Soils Engineer, Engineering Geologist, or testing agency finds that the work is not being undertaken in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Town Engineer. Recommendations for corrective measures, if necessary, shall be submitted.

(1975 Code, § 7-4.23) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Whenever the Town determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of such property, upon the receipt of notice in writing from the Town, within the period specified, shall repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements this chapter.

(1975 Code, § 7-4.26) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

If, upon the final inspection of any excavation, fill, or driveway, it is found that the work authorized by the site development permit has been satisfactorily completed in accordance with the requirements of this chapter and any other requirements imposed, a certificate of completion covering such work, and stating that the work is approved, shall be issued to the owner by the Town Engineer upon request.

(1975 Code, § 7-4.25) (Ord. 1984-317, effective 4-12-84)

The Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this chapter, except for standards listed in Section 151.22(C), basement and daylighted basement grading. An application for any exception shall be made by stating fully the grounds of the application and the facts relied upon. Such application shall be filed with the site development permit application. In order for the Planning Commission to grant an exception, the Planning Commission shall make all of the following findings (unless more specific findings are set forth in preceding sections):

(A) That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or unpractical for the applicant to comply with all of the regulations of this chapter.

(B) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(C) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property;

(D) That the granting of the exception shall not constitute a grant of special privilege to the applicant; and

(E) That the granting of the exception shall be consistent with the General Plan and zoning provisions.

(1975 Code, § 7-4.27) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A) Authority.

(1) In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit or conducts, carries on, or permits to be conducted or carried on site development in such a manner as materially or adversely to affect the health, welfare, or safety of persons residing or working in the neighborhood of the property of the permittee, or conducts or carries on or permits to be conducted or carried on site development so that it is materially detrimental to the public welfare or injurious to property or improvement in the neighborhood, the Town Engineer may order a temporary suspension, effective immediately upon notification.

(2) In order to remove a temporary suspension, the permittee shall perform the necessary corrective and/or restorative work as approved by the Town Engineer. The restorative or corrective work shall commence within three days and be completed and directed by the Town Engineer. If the Town Engineer and permittee cannot agree upon the corrective and/or restorative work and the time within which such work is to be completed, the Town Engineer shall report such disagreement to the Planning Commission at its next available meeting. The Planning Commission shall consider the Town Engineer's report and determine the appropriate action at its next available meeting.

(B) Procedure for revoking site development permits. No site development permit which has been approved by the Planning Commission shall be revoked until a public hearing is held by the Planning Commission. Written notice of such hearing shall be served by the Planning Director upon the permittee, either personally or by certified mail. Such notice shall be given to the permittee at least five days prior to the date set for the hearing and shall state:

(1) The grounds for the complaint or reasons for the revocation; and

(2) The time when, and the place where, such hearing is to be held.

(C) Decisions. At any such public hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his/her behalf. Upon the conclusion of such hearing, the Planning Commission shall determine whether or not the permit shall be suspended, revoked, or modified.

(D) Appeals. The permittee may appeal the decision of the Planning Commission as provided in Section 151.75.

(1975 Code, § 7-4.28) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

(A) Any decision of the Town Engineer or Planning Director relevant to this chapter may be appealed by the applicant or any interested person to the Planning Commission.

(B) Any determination of the Planning Commission relevant to this chapter may be appealed by the applicant or any interested person to the Council.

(C) Appeals shall be filed in writing with the Town Clerk within ten days after the date of the appealed decision.

(D) Appeals shall be conducted as set forth in §§ 153.335 et seq., of this Code.

(1975 Code, § 7-4.29) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2003-520, effective 10-23- 03; Am. Ord. 2016-575, effective 6-9-16)

(A) At his/her discretion, the Town Manager, upon receiving a recommendation from the Town Engineer and Planning Director, may require bonds and/or other guarantees to ensure the completion of the required work and compliance with the regulations imposed under the terms of any permit issued pursuant to this chapter, including, but not limited to, geotechnical investigations, percolation testing, driveway improvements, landscaping and maintenance. In the case of landscaping and landscaping maintenance, security shall be provided to guarantee the maintenance of all plant materials for a period of two years.

(B) All bonds shall be prepared in a form satisfactory to the Town Attorney, such improvement security to be to the benefit of the Town. Such bond, or other security, shall be in an amount deemed by the Town Manager, after receiving a recommendation from the Town Engineer, to be sufficient to cover the costs of improvements. The term of the bond, or other security, shall commence on the date the application is granted and shall remain in full force and effect until the completion of the work to the satisfaction of the Town Engineer.

(C) When work is completed, any unused portion of the security shall be refunded to the permittee upon the certification of satisfactory completion by the Town Engineer.

(1975 Code, § 7-4.31) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of such provisions or failing to comply with any of the requirements of this chapter shall be subject to the penalty provisions in Chapter 10, Sections 10.40 through 10.99.

(1975 Code, § 7-4.32) (Ord. 1984-317, effective 4-12-84; Am. Ord. 2016-575, effective 6-9-16)

Cross reference— Penalty, see § 10.99; Site Development Code violations, see § 10.66.