19-3 PERMITS REQUIRED.

19-3.1 General.

No person may grade, fill, excavate, store, or dispose of soil and earth materials or perform any other land-disturbing or land-filling activity without first obtaining a permit as set forth in this chapter, unless exempted by subsection 19-3.2 below. (Ord. #89-22, §92-8.10)

A grading permit is not required for the following:

a. An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool or other structures authorized by a valid building permit. This shall not exempt the fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5’) feet after the completion of the structure;

b. Cemetery graves;

c. Emergency work as authorized by the Town to protect the public health, safety, welfare and property; or to maintain the safety, use or stability of a public way or drainage course;

d. Grading on a site or contiguous sites held under one ownership in which all of the items in paragraphs 1. or 2. exist.

1. A fill not intended to support structures which the Town Engineer determines will not change, obstruct or otherwise adversely affect the existing drainage pattern if the fill:

(a) Is placed on a natural grade having a slope of less than five (5’) feet horizontal to one (1’) foot vertical; and

(b) Is less than three (3’) feet in depth at its deepest point as measured vertically from natural grade to the surface of the fill; and

(c) Does not exceed one hundred (100) cubic yards; and

• (d) Is no closer than three (3’) feet to an exterior property line; or

2. An excavation which:

(a) Is less than three (3’) feet in depth at its deepest point as measured vertically from the natural ground surface to the finished elevation of the excavation; and

• (b) Does not result in the movement of more than one hundred (100) cubic yards; and

(c) Does not create a cut slope greater than five (5’) feet in height or steeper than three (3’) feet horizontal to one (1’) foot vertical; and

(d) Is no closer than five (5’) feet to an exterior property line or no closer than one-half (1/2) the height of any existing building or retaining structure or slope (whichever is greater).

e. Weed Abatement . Erosion-control measures may be required if the Town Engineer determines that the weed abatement may create adverse runoff potential and siltation concerns. (Ord. #89-22, §92-8.11)

A grading permit is required to control all forms of grading activity on a site. The grading permit may be phased at the applicant’s discretion into segments of work as long as the site is not left in an unstable, erodible or unsafe condition. The possible phasing of the grading permit is referenced below.

a. (Rough) Grading Permit . The purpose of a rough grading permit is to allow the applicant to begin working on a site requiring minor to moderate grading. It can also be used for mass grading or infrastructural improvements in which building pads, street rights-of-way and slopes are graded to substantial conformance with the approved plans, but no specific improvements are proposed. The scope of work covered by a rough grading permit includes the following:

1. Site preparation, site private drainage, over-excavation (if required), clearing and grubbing;

2. Grading of building pads, street rights-of-way and cut slopes to a rough grade condition:

3. Importation and stockpiling of fill material required for the project which will be compacted in place within five (5) working days;

4. Implementation of erosion-control measures;

5. Any other work deemed reasonable and necessary by the Town Engineer to bring the site to a stable geological condition.

b. Fine Grading Permit . Grading that is required to take a project from pad certification to project completion is called fine grading, and falls under the authority of the Chief Building Official. It may also be used to encompass the entire grading aspect of a project.

The scope of work covered by the free grading permit includes the following:

1. Re-grade to acceptable line and grade tolerances (fine grade) of any areas to be covered by any paving or hardscape surface;

2. Finish grading of all cut and/or fill slopes, landscape berms and berms adjacent to the building;

3. Lot drainage and side-yard swale.

c. Hillside Grading Permit . A hillside grading permit is required when the existing average gradient of the site is ten (10%) percent or greater. This permit category serves to identify hillside sites and to ensure adequate attention is given to potential problems, such as slope stability and erosion control, associated with hillside grading and falls under the authority of the Town Engineer.

Grading necessary to construct retaining wall structures in hillside areas (Zones 3 and 4), as defined in paragraph c. of this subsection, shall be confined within seven (7’) feet of the building footprint of the structure and within the necessary roadways to permit vehicular access to the site. Applicants for grading permits will be encouraged to construct retaining walls within the footprint if it is apparent that graded cut and fill slopes cannot be integrated into the natural surroundings in an acceptable manner.

Plans prepared for sites designated as falling within hillside areas as defined in the Hillside/Ridgeline Ordinance Scenic Hillside and Major Ridgeline Development Ordinance 29-84[1] or as defined above shall include the following:

1. Detailed sections of keyways, retaining structures, buttressing and daylighting of all slopes;

2. Private drainage improvements such as slope drainage devices, terrace drains, desilting basins and subdrain systems; and

3. Any other design considerations which were utilized to preserve the natural terrain.

• (Ord. #89-22, §92-8.12)

• Editor’s Note: Ordinance #29-84, Scenic Hillside and Major Ridgeline Development, is codified as Section 32-69 of Chapter XXXII, Planning and Land Use.

No person shall do any work requiring a grading or paving permit without also obtaining an erosion-control permit.

The purpose for this requirement is to minimize the quantity of silty debris entering a Town or County-maintained storm water collection facility or roadway due to construction site run-off.

A site required to implement desilting or erosion-control measures shall have them installed and operable prior to October 15 and at any other time erosion potential exists. The contractor shall install these measures according to the current edition of the Town’s “Erosion-Control and Winterization” guideline and regulations prescribed herein.

The erosion-control permit may be included within the scope of the grading permit; however, a grading permit may not be issued until an erosion-control plan has been accepted for review by the Town. The erosion-control permit may be waived by the Town Engineer for projects of a minor nature as determined by the Town Engineer. (Ord. #89-22, §92-8.13)

No person shall do paving work on new parking lots, new private streets, or overlays of existing parking lots or private streets without first obtaining an on-site paving permit.

This permit may be incorporated into the fine grading permit for on-site construction or the encroachment permit for any proposed paving to be located within a site.

Pavement striping shall be shown on the approved site plan in accordance with standards and shall be reviewed and approved by the Chief Building Official and Chief of Planning to assure compliance with existing conditions of approval and other applicable laws and ordinances, such as handicap requirements prior to permit issuance. (Ord. #89-22, §92-8.14)

No person shall do any blasting without first obtaining a blasting permit.

An application for a blasting permit may be accepted for review by the Town Engineer only after all possible alternative design concepts and construction methods have been explored and rejected. The burden of justifying the necessity for the use of dynamite or similar explosives on a construction site is the applicant’s.

Any proposed project requiring the blasting of natural terrain to achieve an engineered grade is discouraged by the Town of Danville unless reviewed by the Town Engineer. New construction shall be designed to conform to the existing terrain. (Ord. #89-22, §92-8.15)

19-3.7 Conditions of Approval.

Approval of permits shall be made subject to the appropriate conditions or requirements necessary to protect public health, safety, and general welfare; including, but not limited to the following:

• a. Completion of the work within a period approved by the Chief Building Official or Town Engineer;

• b. Cleaning up the area and planting in accordance with approved plans;

• c. Designation of the area covered by the permit;

• d. Designation of the limits, rate of grade and elevation of proposed slopes and cut of all areas;

• e. Reasonable provisions for controlling excessive dust;

• f. Hours and days of operation;

g. Safety precautions such as barricades, flashers, flagmen, etc. to guide pedestrian and vehicular traffic in, around, and by the operation;

• h. Posting of a good and sufficient bond to assure compliance with the conditions;

i. Other conditions deemed necessary by the Chief Building Official or Town Engineer based on engineering practices accepted in the area;

j. The conditions of approval shall be considered to be part of the approved grading plan and shall be attached to all approved sets of plans;

• k. Designation and approval of a haul route;

• l. Water source location;

• m. Tree ordinance.

• (Ord. #89-22, §92-8.16)

For permits with a valuation of fifty thousand ($50,000.00) dollars or more, permittee shall provide satisfactory proof by certificate of insurance that the permittee has in force a valid public liability insurance policy which includes the Town, its officers, employees and agents as additional insureds. The insurance coverage shall be in an amount the Town Engineer deems sufficient to adequately protect the additional insureds from liability for damages to person(s) or property(s) arising from the activities related to the permit.

The Town Engineer may waive the provisions of this chapter relating to cash deposit or surety bond for permits required upon satisfactory proof by certificate of insurance that the permittee is adequately insured to assure reimbursement to the Town for repair of any damage. (Ord. #89-22, §92-8.17)

a. Hazards . A permit shall be denied in any case where the work as proposed by the applicant may adversely affect the stability of adjoining property, result in the depositing of debris on any public way, interfere with any existing drainage course, or be in an area where no reasonable amount of corrective work can eliminate or sufficiently reduce the flooding or geological hazard.

If, in the opinion of the Town Engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work such as retaining structures, buttress fills, or drainage devices can convincingly eliminate or sufficiently reduce the hazard to human life or property, the Town Engineer shall make a written finding so stating and shall deny the grading permit and the building permits for habitable structures.

b. Hazard Created . The Town shall not issue a permit where the work, as proposed by the applicant, is liable to constitute a hazard to public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

c. Land Use . A permit shall not be issued for work that will not comply with all provisions of this chapter and any conditions imposed by the planning agency on approval of the use.

d. Existing Building or Zoning Code Violations . A permit shall not be issued under this chapter if any building or zoning code violations are found to exist on the site.

e. Rejection and Revisions . Rejection of the application or plans shall be considered a denial of the permit. However, denial of a permit based on insufficient or inadequate plans shall not preclude the applicant from submitting a revised application or revised plans in conjunction with a pending application.

(Ord. #89-22, §92-8.18)

19-3.10 Time Limits of Grading Operations.

a. The permittee shall fully perform and complete all of the work required to be done pursuant to the permit within the time limit specified therein or, if no time is so specified, within one hundred eighty (180) days after the date of issuance of the permit.

b. If the work is not completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Town Engineer. The Town Engineer may grant additional time for the work.

c. If all the permit work required is not completed within the time limit specified in paragraph a. above, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the Town Engineer. A new application may be required considering the time between the expiration date and the renewal request, changes in Town regulations or subsequent development in the immediate area. Plans must be revised and rechecked.

(Ord. #89-22, §92-8.19)

The permittee shall be ultimately responsible for ensuring that all permitted construction is accomplished within the parameters set by any and all applicable codes, provisions and conditions of approval; and that such work proceeds per the approved plans. The permittee shall also execute a “hold harmless” clause on the permit, which shall read as follows:

“By accepting this permit, the permittee, for contractors, and employees, promises to save, indemnify and hold harmless the Town of Danville and its employees, agents and representatives from all liabilities and claims for damages by reason of injury or death to any person(s), damage to property, from any cause whatsoever while in, upon or in any way connected with the work covered by this grading permit, and does further promise to defend these indemnities in any claim or action arising out of, or as a result of, the work done under this permit.”

(Ord. #89-22, §92-8.20)

No work shall be undertaken which may result in damages to, obstruction of, or possible hazards to any adjoining property. Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his authorized representative, and shall file a copy of the consent with the Town Engineer before a permit for such work may be issued. (Ord #89-22, §92-8.21)

If the soil, civil, or Town Engineer finds that the work is not in conformance with this chapter or with the plans approved by the Town Engineer, Chief Building Official, or with locally accepted practices, permittee shall be immediately notified in writing of the nonconformity and of the corrective measures to be taken. (Ord. #89-22, §92-8.22)

a. Application .

1. Written. To obtain a permit the applicant shall first file a written application on an approved form. Every application shall conform to the requirements set forth in subsection 19-3.10.

2. Information. The following shall be included on each application form: site description; names, addresses, and phone numbers of persons involved; estimate of the time schedule of work; estimate of the cost of performing the work; signature of the owner or authorized agent; and any other information required by the Town Engineer.

3. Accompanying Materials. The application shall be accompanied by the following material: Applicable fees; engineer’s estimate of quantities and cost of work; three (3) copies of a geotechnical or engineering geology reports; four (4) sets of grading or site plans; four (4) sets of interim and final erosion-control plans; master work schedule; approved bonds or securities; any other additional information required by the Town Engineer.

4. Civil and Soil Engineer’s Signatures. Plans shall be prepared and signed by the civil engineer. The plans shall also be reviewed for conformance to the soil engineer’s recommendations and signed by the soil engineer. Signatures may not be required if approved by the Town Engineer.

5. Other Clearances. Written clearance will be required from both Building and Planning Divisions. Written clearances may also be required from, but not limited to, the following agencies: The California Regional Water Control Board, California Department of Fish and Game, Fire Protection District, U.S. Army Corps of Engineers. The applicant shall be responsible for submitting copies of plans and reports required by those divisions or agencies.

6. Haul Routes. If the grading project includes the movement of earth material to or from the site in an amount considered substantial by the Town Engineer, the permittee shall submit a haul plan for review and approval by the Town Engineer prior to the issuance of a grading permit. This plan should include the proposed route, size of trucks, dust control measures, and time and frequency of trips. The Town Engineer may require alternate routes or special requirements in consideration of the possible impact on the adjacent community or roadway. There shall be no additional fee for the haul

route plan check.

7. Peer Review. The Town may contract for outside technical peer review of civil and geotechnical engineering reports and plans at the applicant’s expense. The cost for peer review shall be added to the permit fee. Any disputes arising from peer review shall be resolved by the Town Engineer within ten (10) working days from the applicant’s written request.

b. Approval and Issuance .

1. Applications in which the design meets the requirements of this chapter, and the construction is not deemed detrimental to adjoining properties or to the public interest, shall be approved. When all fees and bonds are posted, a permit shall be issued, and the approval and issuance shall be noted on the application and plans.

2. Applications and plans found inadequate or not in compliance with this chapter shall not be approved until revised to conform to the conditions and regulations prescribed herein.

3. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the development plans and specifications approved by the Town Engineer.

4. Grading permits do not relieve the owner of the responsibility of securing permits or licenses that may be required from other departments or divisions of the governing agencies. When an application is approved and a permit issued, one set of approved plans shall be kept available for reference at the job site during grading and construction. The permit shall be posted securely in a conspicuous location on the site.

5. Permits for projects requiring approved public improvement plans shall not be issued prior to the return to the Town of the first plan check of the improvement plan, unless specifically authorized by the Town Engineer.

c. Amendments .

1. All changes in the plans, grades, or extent of work shall be submitted to the Town Engineer for written approval and incorporation into the permit prior to starting any work covered by the proposed revision. The approving agency may amend the permit to include the altered plans, or may deny approval of the changes.

2. Failure to obtain prior approval for any change in the work shall be cause for the Town Engineer to order suspension of all work until approval is obtained, and may result in revocation of the permit.

• d. Transfer .

1. Any transfer of a permit from the permittee to another person shall be ineffective and void unless approved by the Town Engineer.

2. The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification thereof that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved.

e. Expiration and Renewal/Extension . Applications shall be considered “pending” until a grading permit is issued, denied or withdrawn. Applications shall expire ninety (90) days from the date of filing. An expired application may be renewed or a new application filed on payment of a new filing fee. Before the expiration of a permit, the applicant may apply for an extension of time in which to complete the work. One (1) extension of time may be granted by the Town Engineer if it is judged that the public welfare will not be impaired. The extension shall be for a period the Town Engineer deems appropriate, but not longer than one year. Denial of an extension shall not preclude the permittee from applying for a new permit for the balance of the work, subject to conditions the Town Engineer deems appropriate. The applicant shall file the surety’s written consent to any extension of time before approval is effective.

f. Suspension and Revocation .

1. Grounds. A permit may be either suspended or revoked if the Chief Building Official or Town Engineer finds that:

• (a) Conditions at the site vary substantially from those shown and stated in the application and development plans;

• (b) Grading or construction does not conform to the approved plans, grades or other conditions of permit;

(c) Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;

(d) The permittee does not comply with reasonable requirements to safeguard the workmen, the public or other persons acting in a lawful manner, during grading or construction operations;

(e) In transporting materials, or in the operation of equipment, the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area;

(f) There is no qualified technician, working under the soil engineer, on the site during grading and construction requiring his approval.

2. Procedure. The Town Engineer may suspend or revoke a permit by making a written finding and order; and he may seize the permit and/or make appropriate notations on its of the suspension or revocation. Upon the written order of the

Town Engineer, any suspended permit must be either reinstated or revoked.

3. Effective of Revocation. Whenever a permit has been revoked, work on the site shall not begin again until a new application incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of this chapter, and in accordance with these regulations, has been approved by the revoking agency.

g. Notice to Stop Work . On issuance of a written notice to cease work, the permittee shall immediately stop all grading and hauling operations until written permission is received from the Town Engineer allowing the permittee to proceed.

h. Fines and Penalties . Any person, firm, corporation or agency acting as principal agent, employee, or otherwise, who fails to comply with the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction thereof, the offender shall be punishable by a fine of no less than one thousand ($1,000.00) dollars and not more than twenty thousand ($20,000.00) dollars or by imprisonment in the County jail for not more than six (6) months or both, for each separate offense. Each day any violation of this chapter continues shall constitute a separate offense.

i. Appeal . Suspension, revocation and Stop Work Notices may be appealed to the Town Manager. The Town Manager’s decision may be appealed to the Planning Commission in accordance with the Town Code.

(Ord. #89-22, §92-8.12)