Chapter 20.140
LAND DISTURBING ACTIVITY
Sections:
20.140.010 Purpose and objectives.
20.140.030 Applicability – Additional regulations.
20.140.060 Permit – Form – Exemptions.
20.140.070 Permit – Stormwater drainage permit required – Exemptions.
20.140.080 Permit – Submittal requirements.
20.140.090 Permit – Issuance – Expiration.
20.140.100 Permit – Final approval.
20.140.110 Standards – Generally.
20.140.120 Standards – Timing of work.
20.140.130 Standards – Drainage.
20.140.140 Standards – Grading.
20.140.150 Standards – Erosion control.
20.140.160 Standards – Hazards.
20.140.180 Permit suspension/revocation.
20.140.010 Purpose and objectives.
(1) This chapter is intended to regulate clearing, grading, and earthwork construction, including cuts and fills, within the city of Port Orchard, to protect public health, safety, welfare, and aesthetics by:
(a) Preventing damage to property and harm to persons caused by excavations and fills;
(b) Minimizing adverse stormwater impacts generated by the removal of vegetation and alteration of landforms;
(c) Protecting water quality from the adverse impacts associated with erosion and sedimentation;
(d) Minimizing the height, steepness, and number of graded slopes;
(e) Minimizing the amount of grading after a property is developed and prepared for building construction;
(f) Minimizing the height and number of rock and retaining walls;
(g) Protecting critical areas and associated buffers from adverse clearing and grading activities;
(h) Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of vegetation;
(i) Establishing minimum access requirements to and around buildings for safety, security, maintenance, and general use and enjoyment of property;
(j) Establishing administrative procedures for the issuance of permits, approval of plans, and inspection of clearing and grading operations; and
(k) Providing enforcement and penalties for the violation of this chapter. (Ord. 019-17 § 18 (Exh. 1)).
20.140.020 Definitions.
Unless otherwise specifically defined in this chapter, the definitions provided in Chapter 20.150 POMC, Stormwater Drainage, and Chapter 20.12 POMC, Definitions, shall apply to this chapter. If there is conflict between a term as defined in this chapter, Chapter 20.150 POMC, and/or Chapter 20.12 POMC, the definition in this chapter shall first control, then the definition in Chapter 20.150 POMC, then the definition in Chapter 20.12 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.140.030 Applicability – Additional regulations.
(1) The provisions of this chapter shall apply to all land disturbing activity, as defined in this chapter, in the city of Port Orchard.
(2) The requirements of this chapter are in addition to other city codes, standards, and regulations. Where conflicts exist between the provisions of this chapter and other codes and standards, the most restrictive shall apply.
(3) The applicant shall comply with this chapter and the city’s adopted public works standards; Appendix J of the International Building Code, as adopted in Chapter 20.200 POMC; Chapter 20.150 POMC, Stormwater Drainage; and all equivalent standards approved by the director.
(4) Requirements administered by other state and local agencies may also apply to clearing and grading activity. The responsibility for determining the existence and application of other agency requirements rests solely with the applicant. (Ord. 019-17 § 18 (Exh. 1)).
20.140.040 Decision type.
A land disturbing activity permit is a either a Type I or Type II action depending on permit scope as described below and shall be reviewed and considered in accordance with the procedures for such actions as set forth in Subtitle II of this title and this chapter.
(1) Land disturbing activity permits for minor development as defined in POMC 20.150.020(11) and for projects limited to tree cutting shall be a Type I action.
(2) Land disturbing activity permits for major development as defined in POMC 20.150.020(11) shall be a Type II decision. (Ord. 029-19 § 2; Ord. 019-17 § 18 (Exh. 1)).
20.140.050 Administration.
(1) The director shall have the authority to develop and implement procedures to administer and enforce this chapter.
(2) A land disturbing activity permit may be issued as a component of a building permit, or other permit, rather than as a separate permit. The director may require that single-family building permits and land disturbing activity permits be combined.
(3) As a condition of any permit issued for activity covered by this chapter, the property owner shall be required to consent to entry upon the land by the director or their designee at all reasonable times to inspect the same or to perform any duty imposed upon the director by this chapter. If the land is occupied, the director shall first present proper credentials and request entry. If the land is unoccupied, a reasonable effort shall be made to locate the owner or other persons at the site who are in apparent charge or control of the land and demand entry. If no person is located, the director may enter said property and shall, with due diligence, make attempts to notify the owner, occupant, or other person having charge within a reasonable amount of time of the entry. (Ord. 017-23 § 1 (Exh. A); Ord. 019-17 § 18 (Exh. 1)).
20.140.060 Permit – Form – Exemptions.
(1) Permit Required. A land disturbing activity permit is required to be submitted for all land disturbing activity and must be obtained prior to the commencement of any land disturbing activity unless the activity is exempted in this section. A land disturbing activity permit shall be required regardless of any other permits issued by any other department or governmental agency who may be interested in certain aspects of the proposed work.
(2) Permit Form. Applications shall be on forms prescribed by the director and shall include such information as deemed necessary by the director to establish compliance with this chapter.
(3) Permit Exemptions. If a person or entity determines that a proposed land disturbing activity is exempt from obtaining a land disturbing activity permit under this chapter, the person or entity may consult with the department to confirm the determination or to ensure compliance with other applicable requirements of this code. A consultation may be requested in the form of a preapplication meeting.
(4) Permit Fee. Application fees shall be collected pursuant to the city’s current fee schedule to compensate the department for the investigation, permit administration, plan review, and ongoing monitoring/inspection of all clearing and grading permit applications. Additional review fees required under this code may be applicable to individual land disturbing activity permit applications, including, but not limited to, shoreline management, SEPA, and critical areas review fees.
(5) Increased Fee for Work without a Permit. Whenever any work for which a land disturbing activity permit is required by this chapter has been commenced without first obtaining a valid permit, the city may double the application fee. This fee increase may be imposed in addition to any other enforcement procedures pursuant to this chapter.
(6) Any rockery or other retaining structure greater than four feet in height shall be permitted under a separate building permit.
(7) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to property and that require remedial or preventative action in a short time frame. The person or agency undertaking such action shall notify the city and the director shall determine if the action taken is within the scope of the emergency action allowed in this section. After the emergency, the person or agency shall obtain the required land disturbing activity permit and ensure that the area of disturbance is brought into conformance with this chapter.
(8) Danger Tree Removal. Danger trees shall not require a land disturbing activity permit; provided, that they are identified by a licensed arborist as damaged, diseased or a safety hazard due to potential root, trunk or primary limb failure prior to removal. Documentation of any danger tree designation shall be provided to the city upon request. The city recommends that notification of danger tree removal along with providing documentation of the presence of a danger tree be provided to the city prior to removal. (Ord. 029-19 § 3; Ord. 019-17 § 18 (Exh. 1)).
20.140.070 Permit – Stormwater drainage permit required – Exemptions.
(1) Stormwater Drainage Permit Required. Except as specifically exempt herein, the issuance of a stormwater drainage permit pursuant to Chapter 20.150 POMC shall be required for all activities requiring a land disturbing activity permit under this chapter.
(2) Exemptions. The following land disturbing activities do not require the issuance of a stormwater drainage permit; provided, that an exemption from issuance of a stormwater drainage permit under this section does not constitute an exemption from the other requirements of this chapter or Chapter 20.150 POMC:
(a) Excavation for utilities, or for wells or tunnels, under a separate permit.
(b) An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt the placement of any fill material removed from such an excavation and shall not exempt any excavation beyond the limits of the basement or footing excavations nor exempt excavations having an unsupported height greater than five feet after the completion of such a structure.
(c) Agricultural crop management outside of critical drainage areas limited to the preparation of soil by turning, discing, or other means endorsed by the Kitsap conservation district.
(d) Excavation for cemetery graves.
(e) Landscape installation where fill is confined to less than one foot of topsoil and land disturbing activities are limited to less than one acre.
(f) The disposal of solid waste, wood waste, problem waste, and demolition waste authorized pursuant to Chapter 70.95 RCW, and regulations presently enacted or as may be amended or as specifically approved by the Bremerton-Kitsap County health district.
(g) Mining, quarrying, excavating, processing, and/or stockpiling of rock, sand, gravel, aggregate, or clay where established and provided by law and a permit for said activity has been issued by the state of Washington or the federal government, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous land.
(h) Exploratory excavations under the direction of a qualified civil engineer.
(i) Grading activities already approved by separate permit granted by any governing authority.
(j) Emergency sandbagging, diking, ditching, filling, or similar work during or after periods of extreme weather conditions when done to protect life or property.
(k) Maintenance activities within public rights-of-way performed by city personnel.
(l) Tree cutting activities which remove less than 7,000 square feet of tree canopy area. (Ord. 029-19 § 4; Ord. 019-17 § 18 (Exh. 1)).
20.140.080 Permit – Submittal requirements.
(1) General Requirements. Each application for a land disturbing activity permit shall be accompanied by plans and specifications and other supporting data, as applicable. The plans and specifications shall be prepared and signed by a civil engineer registered to practice in the state of Washington. Plans and specifications for single-family residential construction and minor land disturbing activity permits shall not require preparation and signature by a licensed engineer unless deemed necessary by the city engineer.
(2) Soils Report. A soils report shall be prepared by a licensed soils or geotechnical engineer and shall cover all portions of the project within the engineer’s expertise, including site history; geologic structures; surface conditions; subsurface conditions; recommendations for foundation support, site preparation, structural fill, slope stability, and mitigation; design parameters for retaining structures and structure backfill, surface and subsurface drainage, dewatering, excavation conditions, and hazards; seismic conditions, erosion, and sedimentation hazards and controls; use of on-site materials for structural fill and backfill; and pavement design. The soils or geotechnical engineer shall be retained as the engineer-of-record for the duration of the project. An application for a land disturbing activity permit for tree cutting meeting the definition of a minor development will not require a soils report unless deemed necessary by the city engineer.
(3) Grading Plan. Land disturbing activities that include grading and which meet the definition of a major development shall be required to have an approved engineered grading plan.
(4) Abbreviated Grading Plan. Land disturbing activities that include grading and which meet the definition of a minor development will require an approved abbreviated grading plan in lieu of an engineered grading plan. An abbreviated grading plan is a grading plan that does not require preparation and signature by a professional civil engineer.
(5) Erosion and Sedimentation Control. The grading plan shall include a temporary erosion and sedimentation control plan. The plan shall clearly indicate the construction sequence for establishment of all erosion and sedimentation control work, both temporary and permanent. The plan shall conform to all requirements and standards for erosion and sedimentation control set forth in this chapter.
(6) Critical Areas. If the land disturbing activity is proposed to take place in or adjacent to a critical area as regulated in Chapter 20.162 POMC, additional information as required by that chapter shall be submitted with the application.
(7) Tree Cutting. An application for a land disturbing activity permit for tree cutting meeting the definition of minor development will require an abbreviated tree removal plan in lieu of an engineered grading plan or abbreviated grading plan. Abbreviated tree removal plans must indicate the approximate location of the tree(s) to be removed, the species of tree(s) to be retained and removed, the diameter at breast height of each tree to be removed, and the relative location of adjacent (within 75 feet) trees to be retained, buildings, and/or improvements. Any abbreviated tree removal plan shall comply with Chapter 20.129 POMC if significant plans may be required by the director. Timber harvesting may require additional state permits prior to commencing work under an approved land disturbing activity permit. (Ord. 029-19 § 5; Ord. 019-17 § 18 (Exh. 1)).
20.140.090 Permit – Issuance – Expiration.
(1) Issuance.
(a) After an application has been filed and reviewed, the director shall determine that the land disturbing activity complies with the other provisions of this chapter, Chapter 20.150 POMC, and all other applicable provisions of this code or request that the application be corrected or amended to comply with the same.
(b) No land disturbing activity permit shall be issued until approved by any and all federal, state, and local agencies having jurisdiction, by laws or regulations, pertaining to the proposed work.
(c) Upon approval of the application and issuance of the land disturbing activity permit, no work shall be done that is not provided for in the permit.
(2) Mitigation. In issuing a land disturbing activity permit, the director may require measures to mitigate the impacts of the land disturbing activity.
(3) Inactivity. An application for a land disturbing activity permit may be canceled for inactivity if an applicant fails, without reasonable justification, to respond to the director’s written request for revisions or corrections within 60 days of receipt of such request. The director may extend the response period beyond 60 days if the applicant provides and adheres to a reasonable schedule for submitting the full revisions.
(4) Permit Expiration. Land disturbing activity permits expire as follows:
(a) If a building permit is issued for the same site, the land disturbing activity permit shall automatically expire or be extended when the building permit expires or is extended; or
(b) If a building permit is not issued for the same site, the land disturbing activity permit shall expire if the authorized work has not begun within 180 days from the date of permit issuance, or if work is abandoned for over 60 consecutive days, unless an extension has been granted. The applicant shall be responsible for notifying the director, in writing, if delays or unforeseen circumstances are impacting the start or continuation of the work. If the authorized work is continually performed, the permit shall expire one year from the date of issuance, unless a different time frame is specified on the permit or an extension is granted.
(5) Permit Extensions. Up to two one-year extensions may be granted by the director; provided, that conditions which were relevant to issuance of the permit have not changed substantially and no material detriment to the public welfare will result from the extension. The applicant shall be responsible for notifying the director, in writing, if delays or unforeseen circumstances are impacting the completion of the work. An extension may be granted by the director, provided the applicant provides the following:
(a) A written request and applicable fee. The request should be submitted no later than 60 days prior to expiration of the permit; and
(b) The applicant’s project engineer submits a signed statement certifying that they have reviewed the current physical conditions of the site and such conditions have not changed to a degree as to require a revision to the design of the site in order to remain consistent with the applicable standards and requirements which were in effect at the time of the original land disturbing activity permit approval and the associated land use approval (if any).
(6) Failure to Pick Up Permit. When a land disturbing activity permit is ready to be issued, the applicant shall be notified and must pick up the permit within 60 days of notification. If the permit is not picked up within 60 days of notification, it may be canceled by the director and become null and void. If the permit is canceled, the director shall notify the applicant by mail. Permit review fees are not refundable for a permit that is canceled due to a failure to pick up. (Ord. 010-18 § 25; Ord. 019-17 § 18 (Exh. 1)).
20.140.100 Permit – Final approval.
(1) The director shall give final approval to the land disturbing operations once all the work is completed per the permit. The following must be completed, as a minimum, prior to final approval:
(a) All land disturbing activity must be complete;
(b) The site shall be permanently stabilized, temporary erosion control measures removed, and storm drainage control facilities constructed and operational;
(c) The site shall be in a neat and orderly manner, free from junk, trash, debris, equipment, stockpiles and other construction materials;
(d) All required reports, certification letters, as-built drawings, and other documents shall be submitted and approved by the city;
(e) The site shall be free of hazards; and
(f) All disputes regarding property damage caused by the clearing and grading operations shall be resolved to the satisfaction of the director.
(2) The director shall not issue final approval for any development proposal or issue a certificate of occupancy or final building inspection for property that has not received final approval for the land disturbing activity operations.
(3) Final Reports. Upon completion of the land disturbing activity, the professionals having conducted inspections in their respective areas shall submit, in a form acceptable to the director, final reports certifying that all portions of the project pertaining to their area of expertise have been constructed in accordance with the approved plans and specifications. The reports shall identify problems encountered, field changes, methods or designs utilized to correct deficiencies, and other information deemed necessary by the director.
(a) Geotechnical Engineer. For clearing and grading activities, the geotechnical engineer shall submit a final soil grading report prepared by the geotechnical engineer, including locations and elevations of field density tests, summaries of field and laboratory tests, final description of the geology of the site including any new information disclosed during the grading and the effect of same, and other substantiating data and comments on any changes made during grading and their effect on the recommendation made in the approved geotechnical report. The geotechnical engineer shall provide certification as to the adequacy of the site for the intended use as affected by soil and geologic factors.
(b) Civil Engineer. For clearing and grading activities, a civil engineer shall submit an as-built grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan. Upon completion of the work, a reproducible as-built drawing, stamped by the civil engineer of record, of the storage, conveyance, and discharge elements of the detention system and the newly constructed downstream components of the storm drainage system shall be required. The director may require additional information in respect to any significant deviations from the approved plans, specifications, or reports.
(c) Special Inspectors. Special inspectors, if any, shall submit final reports describing original and final conditions, changes, and methods utilized to correct deficiencies or mitigate specific conditions. (Ord. 019-17 § 18 (Exh. 1)).
20.140.110 Standards – Generally.
(1) This chapter sets forth minimum standards which shall apply to land disturbing activities as defined in Chapter 20.150 POMC. For circumstances not specifically addressed in this chapter or the stormwater design manual, the provisions of the International Building Code shall apply.
(2) All land disturbing activities within the city, regardless of whether a permit is required, shall meet the performance and restoration standards and requirements of this chapter and shall include the use of low impact development best management practices to reduce erosion and protect water and air quality.
(3) All land disturbing activities within critical areas and their associated buffers shall conform to the applicable provisions of this chapter. The applicant shall be responsible for obtaining and coordinating all required state or federal permits associated with the filling of wetlands or other regulated activities. (Ord. 010-18 § 11; Ord. 019-17 § 18 (Exh. 1)).
20.140.120 Standards – Timing of work.
All work permitted under this chapter shall proceed continuously to completion in an expeditious manner unless otherwise authorized by the director, with the intent that work may be halted due to weather conditions or the need to coordinate other construction on the project site. Stormwater management permits, issued for grading only, shall be administered in accordance with Chapter 20.150 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.140.130 Standards – Drainage.
(1) All land disturbing activities shall conform to the requirements of this chapter concerning stormwater management.
(2) Where required by the director, all discharge of runoff from the project site shall be of like quality, flow rate, and velocity as that which flowed from the project site prior to the work for which the stormwater management permit has been issued.
(3) Stormwater flows shall be accepted onto, and shall be discharged from, a project site at the natural or otherwise legally existing locations. (Ord. 019-17 § 18 (Exh. 1)).
20.140.140 Standards – Grading.
(1) The maximum surface gradient on any artificially created slope shall be two feet of horizontal run to one foot of vertical fall. This gradient may be increased to that gradient which can be demonstrated through engineering calculations to be stable, if, in the opinion of the director, it has been demonstrated by the applicant through engineering calculations performed by a qualified professional engineer that surface erosion can be controlled to that erosion rate equal to a properly stabilized two to one slope under the same conditions.
(2) The applicant shall, at all times, protect adjacent private properties and public rights-of-way or easements from damage occurring during grading operations. The applicant shall restore public improvements damaged by their operations. (Ord. 017-23 § 1 (Exh. A); Ord. 019-17 § 18 (Exh. 1)).
20.140.150 Standards – Erosion control.
(1) Minor Developments. All minor developments, as defined in Chapter 20.150 POMC, shall be required to control erosion and sedimentation during construction, to permanently stabilize soil exposed during construction, and to comply with the minor development requirements described in this section.
(2) Minor Development Requirements.
(a) Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.
(b) Stabilization of Denuded Area. All exposed and unworked soils not actively being worked shall be stabilized by suitable application of BMPs. From September 15th through April 30th, soils not actively being worked shall remain unstabilized for no more than 48 hours. From May 1st through September 14th, the owner or contractor shall have the materials readily available to stabilize denuded areas as site and weather conditions dictate. Prior to leaving the site, stormwater runoff shall pass through a sediment pond, sediment trap, or other appropriate BMP.
(c) Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
(d) Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function.
(e) Other BMPs. Any adverse effects of increased runoff resulting from land disturbing and/or land development activities shall be controlled by appropriate BMPs.
(3) Major Developments. Any new development meeting the definition of a major development in Chapter 20.150 POMC shall comply with subsection (4) of this section. For any redevelopment project meeting the definition of a major development, those portions of the site that are being redeveloped shall comply with subsection (4) of this section.
(4) Major Development Erosion and Sedimentation Control Minimum Requirements.
(a) Erosion and Sedimentation Control Plan Required. Compliance with the erosion and sedimentation control requirements of this section shall be demonstrated through the implementation of an approved erosion and sedimentation control plan.
(b) Stabilization and Sediment Trapping. All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to sod or other vegetation, mat covering, mulching, or application of compacted ground base material on areas to be paved. All BMPs shall be selected, designed and maintained in accordance with the manual. From September 15th through April 30th, soils not actively being worked for more than 48 hours shall be protected or stabilized. From May 1st through September 14th, soils not actively being worked for more than seven days shall be protected and stabilized by the owner or contractor.
(c) Delineate Clearing and Easement Limits. Clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers and drainage courses shall be clearly marked in the field, and on the construction plans.
(d) Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
(e) Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers and other BMPs intended to trap sediment on site shall be constructed as a first step. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be stabilized according to the timing indicated in the erosion and sedimentation control requirement in subsection (4)(a) of this section.
(f) Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with the erosion and sedimentation control requirement in subsection (4)(a) of this section.
(g) Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the velocity of stormwater runoff from the development site.
(h) Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the expected flow velocity from a two-year/24-hour duration storm for the post-development condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, and slopes shall be provided at the outlets of all conveyance systems.
(i) Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff does not enter the conveyance system without first being filtered or otherwise treated to remove sediment. The requirement for inlet protection may be waived on a site-specific basis when the conveyance system downstream of the inlet discharges to an appropriate sediment containment BMP and the conveyance system can be adequately cleaned following site stabilization.
(j) Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria:
(i) For trenches on a downslope of more than five percent, no more than 500 feet of trench shall be opened at one time, unless otherwise approved by the director.
(ii) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
(iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond.
(k) Constructed Access Routes. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road by use of appropriate BMPs such as a stabilized construction entrance. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly, as a minimum, at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
(l) Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap or sediment pond.
(m) Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on site during construction shall be handled and legally disposed of in a manner that does not cause contamination of stormwater.
(n) Maintenance. All temporary and permanent erosion and sedimentation control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with the manual. The applicant shall be responsible for assuring that any such facilities damaged during floods, storms or other adverse weather conditions are immediately returned to normal operating condition.
(o) Removal of Temporary BMPs. All temporary erosion and sedimentation control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal of temporary BMPs shall be permanently stabilized. The removal of temporary erosion and sedimentation control BMPs may not be required for those projects, such as single-family plats, that will be followed by additional construction under a different permit. In these circumstances, the need for removing or retaining the measures will be evaluated on a site-specific basis.
(p) Financial Liability. A performance covenant, performance bonding, or other appropriate financial instruments, required by Chapter 20.150 POMC, shall ensure compliance with the approved erosion and sedimentation control plan.
(5) Erosion Control Design Storm Event. Facilities designed for the control of erosion and sedimentation shall be designed for the erosion and sedimentation control design storm event, defined as the six-month, 24-hour duration storm. (Ord. 019-17 § 18 (Exh. 1)).
20.140.160 Standards – Hazards.
Whenever the director determines that an existing excavation, embankment, or fill on private property has become a hazard to public safety, endangers property, or adversely affects the safety, use or stability of a public way, critical drainage area, or drainage channel, such conditions shall become a violation of Chapter 20.150 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.140.170 Maintenance.
It shall be the responsibility of the applicant to maintain all erosion control and drainage facilities in good operating condition at all times, as required in this chapter and Chapter 20.150 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.140.180 Permit suspension/revocation.
The director may suspend work or revoke a land disturbing activity permit, as appropriate, whenever:
(1) The work is not authorized by a valid permit;
(2) The applicant requests such revocation or suspension;
(3) The work does not proceed in accordance with the plans, as approved, or is not in compliance with the requirements of this chapter or other applicable city ordinances;
(4) Entry upon the property for the purposes of investigation or inspection has been denied;
(5) The applicant has made a misrepresentation of a material fact in applying for such permit;
(6) The progress of the work indicates that the plan is or will be inadequate to protect the public, the adjoining property, the street, critical areas, the drainage system, or other utilities, or the work endangers or will endanger the public, the adjoining property, the street, protected areas, the drainage system or other utilities;
(7) The required project security has expired or been expended to the point that it no longer provides assurance of completion of the project in compliance with the terms of the permit; or
(8) The permit has not been acted upon or extended within the time allowed pursuant to this chapter. (Ord. 024-19 § 1 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)).