19-7 FEES AND SECURITIES.

No fee or form of security referenced in this chapter exempts any individual or project from paying additional fees or from obtaining any other approvals as required by the Danville Municipal Code or other agency. The schedule of fees will be those adopted by the Town Council from time to time by resolution. Before a permit is issued the applicant shall deposit with the Town Clerk cash or check in a sufficient sum to cover the fee for issuance of the permit, plan checking charge, charges for field investigation, and the fee for necessary inspection, all in accordance with schedules established by the Town Council. (Ord. #89-22, §92-8.50)

Grading plan check fees shall be established by the Town Council and shall periodically be amended by resolution to keep pace with the cost of plan checking activities.

The grading plan check fee shall be computed based upon the minimal fee assessed plus a percentage of the actual construction cost plus a per yard cost as established in the “Grading Fee Schedule”.

(Ord. #89-22, §92-8.51)

The grading permit fee shall be as determined by the latest edition of the adopted Uniform Building Code as published by the International Conference of Building Officials and as regionally adjusted for the San Francisco area if applicable. (Ord. #89-22, §92-8.52)

Grading inspection fees shall be established by the Town Engineer and shall periodically be amended to keep pace with the cost of inspecting grading activity.

The grading inspection fees shall be computed based upon the minimal fee assessed plus a percentage of the actual construction cost plus a per yard cost as established in the “Grading Fee Schedule”. (Ord. #89-22, §92-8.53)

The Town Engineer, as a discretionary act, may assess special fees in order to regain costs, or anticipated costs, on specific plan checking or inspection services. These fees will be paid at permit issuance or prior to the issuance of certificates of use and occupancy and will be based on the actual costs for providing plan checking and inspections. (Ord. #89-22, §92-8.54)

A cash deposit shall be posted with the Town prior to the issuance of a grading permit to assure the clean up of the site,

the surrounding premises and the public right-of-way. The amount of the deposit shall be determined by the Town. The deposit will be returned to the applicant if it can be determined prior to the issuance of certificates of use and occupancy that the project site and surrounding areas have been restored to their clean and ultimately improved condition. The Town, at its discretion, may utilize funds from the deposit for clean-up of conditions considered unsafe or determined to be detrimental to the public health, safety or welfare. Deposit funds may also be utilized for clean-up if such conditions could prove to be materially injurious to properties or improvements in the vicinity of the site. If, at the discretion of the Town, it can be determined that a condition may arise regarding graded slope stability and erosion potential, the deposit may be held for one (1) year or until such time that it can be determined that significant vegetation exists so as not to pose a threat to the public health, safety and welfare. (Ord, #89-22, §92-8.55)

The Town Engineer, as a discretionary act, may assess “special inspection fees” to cover the cost of providing said service. This fee shall apply only in special circumstances and shall be for the actual inspection. Special inspections shall be determined to be those inspections not considered a part of the normal inspection process. (Ord. #89-22, §92-8.56)

In the event that an extension of time is needed to complete the grading operation, as permitted under the original grading permit, a fee equal to the initial site inspection fee shall be paid for each extension of time requested. Said fee shall be paid prior to the request for any subsequent inspections after the expiration of the initial permit or previous extension of time. (Ord. #89-22, §92-8.57)

a. Security Amount . Security shall be posted with the Town in an amount required by the “Grading Fee Schedule” prior to the issuance of the grading permit.

b. Cash Deposit . Unless this section is waived in the permit, and before a permit is effective, an applicant shall deposit with the Town cash or a certified or cashier’s check in a sum to be fixed by the Town as sufficient to reimburse the Town for costs of restoring the site to its former condition, based on the schedules adopted by resolution of the Town Council. An applicant may file a cash deposit on an annual basis in a sum estimated by the Town Engineer as sufficient to cover his activities during any twelve (12) month period.

c. Bond in Lieu of Cash Deposit . Instead of the cash deposit prescribed above, the applicant, on approval by the Town, may file a cash deposit in the minimum sum established by the schedules, adopted for that purpose by the Town Council and in effect at the time of application for a permit. The balance of the sum fixed by the Town Engineer as sufficient to reimburse the Town for expenses incurred in restoring the site to its former condition may be filed in the form of an approved surety bond issued by a company authorized to conduct a general surety business in the State.

d. Annual Bond . Instead of a cash deposit, the applicant, on approval by the Town, may annually file with the City Clerk an approved surety bond issued by a company authorized to conduct a general surety business in the State, in a sum fixed by the Town Engineer as sufficient to reimburse the Town for expenses to be incurred in restoring the site to its former condition, subject to the schedules adopted by the Town Council.

e. Additional Bond or Cash Deposit . The Town may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the site to its former condition, subject to the schedules adopted by the Town Council.

f. Condition of Bond or Cash Deposit . The condition of any bond or cash deposit made under this title shall be that the permittee comply diligently and in good faith with this title and the terms and conditions of the permit.

g. Payable to Town - Release. Any bond or cash deposit required by the Town under this title shall be payable to the Town and shall be filed with the City Clerk who shall release it ninety (90) days after satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit.

h. Amount of Security . The amount of the security as referenced in this chapter shall be in accordance with those amounts referenced in the “Grading Fee Schedule”. The security shall be for the purpose of securing faithful performance and labor and materials on the specific project.

i. Alternate Security . A Letter of Credit or Certificate of Deposit may be substituted for a cash deposit or bond in a sum to be fixed by the Town as sufficient to reimburse the Town for costs of restoring the site to its former condition, based on the schedules adopted by resolution of the Town Council. An applicant may file a cash deposit on an annual basis in a sum estimated by the Town Engineer as sufficient to cover his activities during any twelve (12) month period.

j. Landscape Bond . A landscape bond shall be filed with the Town in a sum established by Town as sufficient to cover the costs for installation of materials as indicated on the approved plans.

(Ord. #89-22, §92-8.58)

19-8 COMPLETION OF WORK.

19-8.1 Completion Reports Required.

Upon completion of the rough grading work, and at the final completion of the work under the grading permit, but before the issuance of building permits or release of grading bonds or issuance of a certificate of use and occupancy, the Town Engineer may require:

a. An as-graded grading plan prepared by the civil engineer or other qualified person which shall include corrected original ground surface elevations, if necessary, graded ground surface elevations, lot drainage patterns, engineered slope inclination, and location of all surface and subsurface drainage facilities (final grading).

b. A written approval by the civil engineer certifying the grading as being substantially in conformance with the approved grading plan and specifically approving the following items as appropriate to the project and stage of grading:

1. Construction of line and grade for all engineered drainage devices and retaining walls (rough and final grading).

2. Staking of property comers for proper building location (rough grading).

3. Setting of all monuments in accordance with the recorded tract map (rough or final grading).

4. Location of permanent walls or structures on property comers or property lines where monumentation is not required (final grading).

5. Location and inclination of all engineered slopes (rough and final grading).

6. Construction of earthen berms and positive building pad drainage (rough and final grading).

7. Construction of line and grade for all curbing (final grading).

c. A soil engineering report prepared by the soil engineer, including type of field testing performed, certification of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soil engineering investigation report. Each field density test shall be identified, located on a plan or map, the elevation of test and finish grade elevation shown, and the method of obtaining the in-place density described, using either Uniform Building Code Standard 70-2, ASTM D1557 or the approved equal. The soil engineer shall provide a written approval certifying the adequacy of the site for the intended use, as affected by soil engineering factors, The Town Engineer may require that the soil tests or testing be performed by an approved testing agency.

d. A geology report prepared by the engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading, and the effect of same on recommendations incorporated in the approved as to the adequacy of the site for the intended use as affected by geologic factors and, when required by the Town Engineer, shall submit an as-built geologic map.

e. Any other reports, progress reports, or certifications deemed necessary by the Town Engineer due to the unusual nature of the project or method of construction, or as a result of reviewing the reports required herein.

(Ord. #89-22, §92-8.70)