29.070 Permitting Requirements, Procedures and Fees.

(1) Permit Required. No landowner, land user or responsible party may commence a land disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Director of Public Works.

(2) Permit Application and Fee. At least one responsible party desiring to undertake a land disturbing construction activity or land developing activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of MMC 29.080 and shall pay an application fee as shown in the fee schedule to the administering authority. By submitting an application, the applicant is authorizing the administering authority to enter the site to obtain information required for the review of the erosion and sediment control plan.

(3) Review and Approval of Permit Application. The administering authority shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:

(a) Within 10 business days of the receipt of a complete permit application, as required by subsection (2) of this section, the administering authority shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.

(b) If the permit application and plan are approved, the administering authority shall issue the permit.

(c) If the permit application or plan is disapproved, the administering authority shall state in writing the reasons for disapproval.

(d) The administering authority may request additional information from the applicant. If additional information is submitted, the administering authority shall have seven business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.

(e) Failure by the administering authority to inform the permit applicant of a decision within seven business days, a plan shall be deemed denied.

(4) Surety Bond. As a condition of permit approval and issuance, the Director of Public Works may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any conditions attached to the permit.

(5) Permit Requirements. All permits shall require the permittee to:

(a) Notify the Director of Public Works within 48 hours or two business days of commencing any land disturbing or land development activity.

(b) Notify the Director of Public Works of completion of any BMPs within three business days after completion.

(c) Obtain permission in writing from the Director of Public Works prior to modifying the erosion and sediment control plan.

(d) Install all BMPs as identified in the approved erosion and sediment control plan.

(e) Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities.

(f) Maintain all on- and off-site stormwater drainage systems as identified on the erosion and sediment control plan.

(g) Repair any erosion control system installed in accordance with the erosion and sediment control plan.

(h) Conduct construction site inspections at least once per week and within 24 hours after a precipitation event of one-half inches or greater. Repair or replace erosion control BMPs as necessary within 24 hours of an inspection or notification that repair or replacement is needed. Maintain, at the construction site, weekly written reports of all inspections. Weekly inspection reports shall include all of the following: date, time and location of the construction site inspection; the name of the individual who performed the inspection; an assessment of the condition of erosion and sediment controls; a description of any erosion control BMP implementation and maintenance performed; and a description of the present phase of land disturbing construction activity at the construction site.

(i) Allow the Director of Public Works or his/her designee to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan.

(j) Keep a copy of the erosion and sediment control plan, stormwater management plan, amendments, weekly inspection reports, and permit at the construction site until permit coverage is terminated.

(k) The permit applicant shall post the certificate of permit coverage in a conspicuous location at the construction site.

(6) Permit Conditions. Permits issued under this section may include conditions established by the administering authority in addition to the requirements set forth in subsection (5) of this section, where needed to assure compliance with the performance standards in MMC 29.060.

(7) Permit Duration. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The administering authority may extend the period one or more times for up to an additional 180 days. The administering authority may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.

(8) Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.

(9) Alternate Requirements. The administering authority may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of disturbance.

(10) Final Stabilization. Upon final stabilization and vegetation of disturbed areas, the best management practices shall be removed.

(11) Street Opening Permit. Work within the public right-of-way shall also require a street opening permit pursuant to MMC 7.120.

[Ord. 08-523 § 8, 2008. Prior code § 29.07]