§ 26-167. Specific requirements.

(a)

Prior to the issuance of a land disturbance permit by the development services department the following must be in effect:

(1)

Documentation that authorizes the right of entry by the county for emergency maintenance of stormwater management facilities.

(2)

Documentation that authorizes the right of entry by the county for the purpose of inspecting the stormwater management facilities.

(3)

Any off-site easements necessary to effectuate subsections (a)(1) and (a)(2) of this section (easements must be recorded), or to implement the stormwater management plan.

(4)

Written authorization from an adjacent property owner allowing any proposed off-site grading, construction, storage, or other improvements to their property.

(5)

An approved stormwater concept plan or stormwater management plan, as adjudged appropriate in the discretion of the director of the department of public works or his/her designee.

(b)

In accordance with section 24.1 of the Z.R.F.C. and with sections 26-40 and 2642 of this chapter, all applications for building permits, and the accompanying plot plan, shall correspond with the approved grading plan or the approved stormwater management plan on file with the county. The issuing authority may require spot elevations, flow direction arrows, contour lines, or other information that it deems necessary prior to the issuance of the building permit to ensure compliance to the approved grading plan or the approved stormwater management plan.

(c)

Prior to the issuance of a certificate of occupancy by the county, all stormwater management facilities required as part of the stormwater management plan shall be completed and approved by the county.

(d)

Prior to the issuance of the certificate of occupancy by the appropriate department, the following must be submitted to the county:

(1)

Recorded easements for stormwater management facilities.

(2)

Receipt by the county of an as-built/record drawing of the stormwater management facilities that is signed and sealed by a registered engineer. Discrepancies between the record drawing and the approved stormwater management plan must be identified to the county, and the county shall give its approval to any discrepancies prior to the issuance of the certificate of occupancy.

(e)

Any and all land disturbance permits may be revoked at any time if the construction of the site or the stormwater management facilities are not in strict accordance with the approved stormwater management plans or other sections of this article.

(f)

It shall be the responsibility of the person, firm, corporation, or other entity to maintain the drainage patterns and the stormwater management facilities that are in existence at the time of the issuance of the certificate of occupancy. They, their heirs, or assigns are prohibited from performing any improvements or regrading of the site, that in any way block, alter, or redirect the existing drainage patterns or facilities, except for the occasional maintenance to facilities to keep them operating as originally designed. Conviction by a person, firm, corporation, or other entity for violating this section shall be a misdemeanor and shall be subject to the penalties found in section 26-113.

(95-0093, art. II, § B, 3-15-95; Ord. No. 08-0194, 2-20-08)