Woodside Municipal Code § 51.067 Expiration and extension of permits

(A) Wastewater discharges. No unauthorized person shall do any of the following acts without first having obtained a written permit from the Town:

(1) Construct or use any private wastewater disposal system.

(2) Uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof.

(3) Reestablish use of any private wastewater disposal system where such use has been discontinued for a period of one year or more.

(4) Reestablish service to any premises served by the public sewers, where use of the public sewers has been discontinued for a period of one year or more.

(5) Increase the volume of discharge of wastewater from any premises into the public sewers or into a private wastewater disposal system beyond the volume authorized for such premises under any previously issued permit.

(6) Change the nature of the discharge of wastewater from any premises into the public sewers or into a private wastewater disposal system beyond the nature of the discharge authorized for such premises under any previously issued permit.

(7) Do any other act for which a permit is required pursuant to this Code.

(B) Other permits. Where any provision of this Code requires a permit to be issued before action may be taken in respect to connection to wastewater facilities, but the requirements applicable to the permit are not established in this subchapter, the permit shall be subject to such requirements as may be determined by the Town Council.

(Ord. 1994-476, effective 7-12-94)

Cross reference— Penalty, see § 10.99.

For the purposes of Section 51.060(A)(1) through (6) of this chapter, premises which have been legally connected to the public sewers or to a private wastewater disposal system but as to which no connection permit has ever been issued shall be deemed to have been authorized the volume and nature of discharge which existed as of July 1, 1994.

(Ord. 1994-476, effective 7-12-94)

(A) Permit requirements. No permit shall be issued until all of the following requirements have been satisfied:

(1) The applicant has submitted a properly completed application on a form supplied by the Town, together with any other information, including plans and specifications, which may be required to enable the Town to properly evaluate the application. The applicant's signature on applications for any permit shall constitute an agreement to comply with all of the provisions of this Code and other rules and regulations of the Town and with the plans and specifications for the project as approved.

(2) The applicant has made application to the Town for a building permit applicable to the proposed project and said building permit application has been deemed complete by the Town.

(3) It has been determined by the Town that:

(a) The real property to be served is within the Town's sewer service area, which area is consistent with the general plan and adopted by resolution of the Town Council;

(b) The proposed project is not prohibited or precluded by the regulations of the Town or of any other government agency having jurisdiction over wastewater disposal within the Town;

(c) The Town's wastewater facilities have the capacity to accommodate the quantity and quality of wastewater to be produced by the proposed project;

(d) No extension of the Town's collection facilities is required to serve the proposed project or, if required, that the applicant has satisfied all requirements of the Town for extending the collection facilities to the vicinity of the project site. All costs necessary for acquisition, construction, and installation of the facilities shall be borne by the applicant, provided, however, that the Town may enter into reimbursement agreements with applicants as provided in Section 51.047(J) of this chapter; and

(e) If required, any easements necessary for the Town to operate and maintain public facilities installed in private property have been granted and accepted by the Town.

(4) The applicant has paid all fees and charges imposed by the Town to process and consider the application.

(B) Conditions. Where the interests of the Town would be served, the Town Council may, in its discretion:

(1) Impose additional requirements upon an applicant which must be satisfied before the permit will be issued;

(2) Authorize issuance of the permit subject to satisfaction of conditions to be established subsequently; failure to satisfy such conditions is grounds for the Town to revoke the permit and discontinue any use authorized by the permit; and

(3) Waive compliance by the applicant with requirements or conditions previously imposed.

(Ord. 1994-476, effective 7-12-94)

Cross reference— Penalty, see § 10.99.

(A) Types of sewer permits.

(1) There shall be three classes of sewer permits:

(a) Class 1 — Residential occupancies. Applies to all residential uses including second units. Includes connections to either private wastewater disposal systems or public sewers.

(b) Class 2 — Non-residential uses. Applies to all uses other than residential.

(c) Class 3 — Facilities construction. Required for the construction of sewer mains, pumping stations and other wastewater facilities to be dedicated to the Town.

(2) After the Town's acceptance of a sewer system constructed pursuant to a Class 3 permit, but prior to connection of and discharge into the Town's wastewater facilities, a Class 1 or Class 2 permit, as applicable, must be obtained by the applicant.

(B) Information required by type of sewer permit.

(1) Class 1. The following information is required of all applicants for Class 1 sewer permits:

(a) Legal description of the real property to be served including street address, lot number, block number, name of subdivision, assessor's parcel number and the parcel volume and page number according to the parcel map.

(b) Type of work to be done including the kind of building to be connected, whether it is a new connection, a repair or other type of work, and the building department permit number.

(c) The owner's name, address and phone number.

(d) The contractor's name, address and phone number.

(e) Any additional information which the County Health Department may require, or which the Town may require due to the nature of the project. This information may include plans as required for Class 2 permits.

(f) The signature of the applicant, including the applicant's address and telephone number, if not the owner or contractor.

(2) Class 2. The following information shall be required of all applicants for a Class 2 sewer permit.

(a) Applicant's business name.

(b) Address of premises discharging wastewater, including the assessor's parcel number.

(c) The standard industrial classification of applicant's business and the number of the classification.

(d) The applicant's name, mailing address and telephone number.

(e) The engineer's/contractor's name, address and telephone number.

(f) The volume of wastewater proposed to be discharged.

(g) Any additional information which the Town may require due to the nature of the project.

(h) The signature of the applicant.

(3) Class 3. The following information shall be required of all applicants for a Class 3 sewer permit:

(a) The name of the owner or the owner's agent making application.

(b) The location of the project.

(c) The name and address of the engineer.

(d) The name and address of the owner.

(e) The name and address of the contractor.

(f) Maps, plans, profiles and other information as required by the Town. These maps, plans, profiles, and other documents shall be prepared by a registered civil engineer; they shall show the location and boundary lines of the property to be sewered and of each tract, lot, or parcel therein, together with existing and proposed streets, roads, highways, easements and rights-of-way within and immediately contiguous with the property, and shall show the proposed connections with the Town's sewer system. The profile shall accurately show the proposed sewer or other proposed facilities, existing ground surface elevations and existing utilities (surface and subsurface) together with such changes as may result from subsequent grading, filling, road construction and the like.

(g) A notice of exemption, negative declaration or final environmental impact report, which is applicable, as determined by the Town or other lead agency for the project pursuant to the California Environmental Quality Act.

(h) The signature and address of the applicant.

(Ord. 1994-476, effective 7-12-94)

Any person seeking to reconnect to wastewater facilities after the premises have been disconnected for more than one year shall obtain a permit for that purpose. The applicant shall supply the information describing the applicant's use corresponding to the application that would be required if the applicant were applying for a new use and shall pay fees and charges required in the Town resolution establishing fees and charges.

(Ord. 1994-476, effective 7-12-94)

No permit shall be issued until all applicable fees and charges, including inspection fees, and, if applicable, deposits or connection charges established pursuant to this Code and the Town fee resolution shall have first been paid.

(Ord. 1994-476, effective 7-12-94)

After issuance of the permit, no change shall be made in the approved plans and specifications for the wastewater facilities except with the written permission of the Town Engineer.

(Ord. 1994-476, effective 7-12-94)

(A) Expiration.

(1) A sewer permit issued under this subchapter shall remain in effect for a period of six months from the date it is issued. After that time, the permit shall expire automatically unless on the expiration date: the action authorized by the permit has been completed; the permit has been extended by the Town; or the applicant has obtained and is maintaining in effect all permits, including a building permit, and any other government approvals necessary for the applicant to pursue the proposed project to completion. If at any time, any of the other necessary permits or government approvals for the proposed project are revoked or are allowed to lapse, the permit shall also be revoked or shall lapse, as the case may be, automatically. Fees and charges previously paid are not refundable.

(2) If any sewer permit issued by the Town expires, is revoked or allowed to lapse, the applicant may not proceed with the proposed project until a new permit has been obtained from the Town. In that event, the applicant shall satisfy all requirements and conditions which the Town imposes, including payment of application and inspection fees and other applicable charges. The applicant shall not be entitled to a credit for any fees or charges previously paid.

(B) Extension. The Town may extend permits for additional periods of six months upon a showing of good cause, and upon a determination by the Town that sufficient capacity to serve the applicant's project continues to exist in the Town's wastewater facilities; and the Town will not be adversely affected by the extension of the permit. No person shall be entitled to an extension of a permit as a matter of right. Extensions for good cause will be granted only upon a showing of exceptional circumstances peculiar to the applicant and not generally applicable to other persons similarly situated. An extension may be denied if the applicant fails to provide any documents or information reasonably deemed by the Town to be necessary to its consideration of the request.

(Ord. 1994-476, effective 7-12-94)

(A) Class 1 and Class 2 sewer permits may be transferred from one applicant to another upon written notice to the Town. The transferee of such a permit shall comply with requirements and conditions imposed by the Town with respect to the permit. No other permits may be transferred from one person to another without approval of the Town.

(B) A permit issued for use in connection with a particular premises or a particular project may not be transferred so as to be used in connection with other premises or another project.

(C) The Town may revoke any permit purported to have been transferred in violation of this section.

(Ord. 1994-476, effective 7-12-94)