Sec. 32A-10. Permit limitations and conditions.
A. General. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application of the permit or on the site plans and specifications approved by the Planning and Development Director.
The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of any violation of or deviation from the provisions of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this chapter or deviation therefrom, ensued. When such violation occurs, the permit shall be deemed to be canceled and the ground restored to the condition it was in prior to start of the grading work.
The issuance of a permit based upon drawings and specifications shall not prevent the Planning and Development Director from thereafter requiring the correction of errors in said drawings and specifications or from stopping unlawful construction operations being carried on thereunder.
B. Jurisdiction of other agencies. Permits issued under the requirements of this chapter shall not relieve the permittee of the responsibility for securing required permits for work to be done that is regulated by any other ordinance, department, or division of the City of Phoenix or other governing agency.
C. Time limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within 180 days after the date of the issuance of the grading permit.
If the permittee is unable to complete the work within the specified time, they shall, prior to the expiration of the permit, present in writing to the Planning and Development Director a request for an extension of the time, setting forth the reasons for the requested extension. If, in the opinion of the Planning and Development Director, such an extension is warranted, he may grant additional time for the completion of the work.
D. Storm drainage precautions. All persons performing any grading operations shall put into effect all safety regulations and rules required by County, State or Federal law and all safety precautions that are required by the Planning and Development Director; and comply with the City of Phoenix Stormwater Policies and Standards Manual; and provide adequate erosion and sedimentation control as required by the NPDES/AZPDES program.
E. Conditions of approval. In granting any permit under this chapter, the Planning and Development Director may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
1. Compliance with dust control requirements of the Maricopa County Air Quality Department.
2. Requirements for fencing of excavations or fills which would otherwise be hazardous.
3. Improvement of any existing site condition to bring it up to the standards of this chapter.
4. Salvage of protected native plant species prior to commencing grading operations.
5. Temporary fencing of protected hillside and desert preservation areas prior to commencing grading operations.
6. Implementation of any stormwater best management practices deemed necessary to prevent pollutants from entering the public storm drain system.
F. Liability. Neither the issuance of a permit under the provisions of this chapter nor the compliance with the provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the City for damage to other persons or property.
G. Revocation. Should the Planning and Development Director find the work under any permit issued under these provisions is not proceeding in accordance with the drawings, specifications, and details of the application upon which such permit was issued, and/or is proceeding in violation of this or any other ordinance of the City, or should he find that there has been any false statement or misrepresentation as to a material fact in the application, payment for said permit or plans on which the permit was based, the Planning and Development Director shall notify the person obtaining the permit and the owner that such work fails to conform to said permit, or that the permit was obtained by false representations and that such failure in obtaining the permit be corrected without delay. If the owner or person obtaining the permit fails or refuses to make such correction within the time specified in said notice, the Planning and Development Director shall revoke such permit and serve notice of such revocation upon such person to whom the permit was issued. Such notice shall be in writing and signed by the Planning and Development Director. It shall be unlawful for any person to proceed with any part of such work after such notice is served. (Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1; Ord. No. G-3994, § 1, 1997; Ord. No. G-5590, § 1, 2011; Ord. No. G-5707, 2012; Ord. No. G-7116, § 1, 2023)