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HomeMy WebLinkAbout89-22 Revised 01/29/90 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE IN THE MATTER OF: Adopting a new Chapter 92-8, Grading, to ) ORDINANCE NO. 89-22 Title 9 (Subdivisions) of the ) Town of Danville Municipal Code and ) repealing Contra Costa County Ordinance ) Code Division 716, Grading ) THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION I. Adoption. A new Chapter 92-8, Grading, comprising of Section 92-8.01 through 92-8.78, is added to Title 9 (Subdivision Regulations) of the Danville Municipal Code to read as follows: "CHAPTER 92-8 GRADING" ARTICLE 1: INTRODUCTION Section 92-8.01 Title The title of this chapter is "Grading" and shall be known as The Grading Ordinance. Section 92-8.02 Purpose and Intent (a) The purpose of this chapter is to establish controls on the earthwork permitted by the Town in the course of, or in conjunction with, construction. The controls are established for reasons of aesthetics, sound soil engineering practice, erosion control, water quality protection and environmental sensitivity. (b) It is the intent of the Town to limit grading operations and to ensure that the public health, safety and welfare are maintained. (c) Nothing in this chapter voids the provisions of Chapter 70 of the Uniform Building Code as adopted by the Town. In the case of a conflict between this chapter and the Uniform Building Code, the more restrictive document will prevail. (d) The provisions of this grading ordinance are not intended to prevent the use of any material or method of construction not specifically prescribed by the grading code provided any such alternate has been approved under this title. The City Engineer may approve any such alternate up to the time of the certification of the building pad if he finds that the proposed design is satisfactory and complies with the provisions of the grading code; and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in quality, strength, effectivenessand safety. (e) It is not the intent of this chapter to preclude projects with previous tentative map or grading plan approvals from continuing with the projects as designed prior to adoption of this chapter. Grading plans submitted for review and approval before adoption of this chapter are not subject to the conditions of this chapter. Section 92-8.03 General Definitions In this chapter, the following definitions apply unless otherwise stated: (a) "As graded" means the surface conditions existing on completion of grading. (b) "Bedrock" means in-place solid rock. (c) "Bench" means a relatively level step excavated into earth material as part of a manufactured slope. (d) "Berm" means earth mounding placed in such a manner as to screen or visually separate one area from another. A berm typically refers to earth placed at the fine grade phase of a development which is landscaped at project completion. (e) "Borrow" means earth material acquired from an off-site location for use in grading on a site. (f) "Certification" means a written engineering or geological professional opinion concerning the progress and completion of the work in accordance with approved plans. It is not a guarantee of the design or future performance of the earthwork. (g) "Chief Building official" (CBO) means the individual charged with the ultimate authority to enforce the Building Regulations (Municipal Code Title 4). The chief building official has the authority to enforce this chapter from pad certification through project completion. Additionally, projects not requiring pad certification and projects requiring less than 5,000 cubic yards of earth to be moved may be administrated by the chief Building official. 2 (h) "City Engineer" means the individual charged with the ultimate authority to enforce this chapter up to and including pad certification. Additionally, projects not requiring pad certification and projects requiring more than 5,000 cubic yards of earth to be moved shall be administrated by the City Engineer. (i) "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California. (j) "Clearing and grubbing" refers to the removal of items such as, but not limited to, debris, grasses, weeds, scrub brush, etc. from a site in preparation for grading of a site. (k) "Compaction" is the artificial densification of soil by various means. (1) "Cut" is the removal of existing earth material to achieve a specific engineered grade. See also "Excavation". (m) "Drip line" means a line extending around a tree directly underneath the outermost branches of the tree. (n) "Earth material" means any rock, natural soil or fill, and/or any combination thereof. (o) "Engineering geologist" means a professional geologist in the branch of engineering geology holding a valid certificate of registration as an engineering geologist in the State of California. (p) "Engineering geology" is the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. (q) "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water, and/or ice. (r) "Erosion-Control Specialist" is a professional civil engineer, landscape architect or other licensed professional person experienced in erosion-control work, retained by the developer in a professional or consultative capacity (not as a contractor performing construction work in the development), and responsible for analysis, plans, specifications, supervision and certifications regarding slope-control planting and related slope control work, other than grading, for a specific project. (s) "Excavation" means any earth, sand, gravel or similar material which is cut into, dug, quarried, removed, displaced, relocated or bulldozed by either manual or mechanical means and the conditions resulting therefrom. (t) "Fill" means a deposit of earth material placed by artificial means. 3 (u) "Grade" means the vertical elevation of the ground surface. (1) "Existing grade" means the grade prior to the start of work encompassed by a specific plan or permit. (2) "Finish grade" means the final grade of the site which conforms to the approved plan at the completion of the fine grade operation. (3) "Rough grade" means the stage at which the grade conforms approximately to the approved plan. Building pads and street sub-grade are graded to within +/- 0.1'. (v) "Grading" means any excavating or filling, or combination thereof. (1) "Limited grading" is the movement of earth for small projects such as individual building foundations, driveways, local roadways, utility excavations, etc. Limited grading generally refers to the movement of less than 50 cubic yards of material. (2) "Mass grading" is the movement or redistribution of large quantities of earth over large areas. Disruption of the majority of the on-site surface terrain is common. Unless sensitively completed, modifications or elimination of major and minor natural landforms may result. (3) "Contour grading" is the movement of earth in such a manner that the final landform has a natural rounded appearance. This is accomplished by blending finish contours with the adjacent natural terrain to achieve a consistent grade; and by avoiding flat two-dimensional or angular surfaces. Contour grading techniques may be applied to both limited and mass grading projects. (w) "Hardscape" refers to the impervious horizontal surfaces placed on a site for primarily pedestrian circulation. Certain portions of vehicular circulation areas may be included in the definition of a hardscape area providing extraordinary design considerations apply. (x) "Infrastructural improvements" refer to the construction of major backbone developments including, but not limited to, roads, storm drain systems, utilities, necessary to support development of specific areas. (y) "In-situ sample" refers to an intact soil sample obtained in such a way that it represents the characteristics of in-place soil material. (z) "Key" means a designed, compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. 4 (aa) "Open Space" is public open space, private open space, or areas of dedication of scenic easement/development rights. (bb) "Pad certification" means a written engineering opinion concerning the location and elevation of the building pad upon completion of rough grade activities. (cc) "Retaining wall" is a wall designed to resist the lateral displacement of soil or other materials. (dd) "Site" includes all of a plot or parcel of land, or combination of contiguous plots or parcels of land. For the purpose of percent natural slope calculations, open space land may be excluded. (ee) "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. (ff) "Soil" is naturally occurring surficial (unconsolidated) deposits overlying bedrock. (gg) "Soil engineer" (or geotechnical engineer) is a civil engineer who is experienced in soil mechanics and has a valid certificate as a registered civil engineer or geotechnical engineer by the State of California, who investigates and reports on the stability of existing or proposed slopes and retaining walls, controls the placement and compaction of fills, recommends soil bearing values, and provides design criteria and calculations for special earth structures such as buttress fills. (hh) "Soil engineering" means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials, and the inspection and testing of the construction thereof. (ii) "Terrace" means a relatively level step utilizing grading and retaining walls constructed in the face of an engineered slope surface for drainage and maintenance purposes. ARTICLE 2: PROHIBITED ACTIONS SECTION 92-8.05 General (a) Prohibited action - Permit required. No person shall do any grading, clearing and grubbing or locate or maintain any grading equipment on any lot or property without first obtaining the appropriate grading permit unless such work is specifically exempted under this chapter. No permit shall be issued until applicant obtains conceptual approval from Chief of Planning. (b) Prohibited action - Grading. No person shall grade, whether or not a permit is required under this chapter, so that dirt, soil, rock, debris, or other material washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or an unlawful encroachment on other property or on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately by the permittee. Failure to do so on notice from the Town is a misdemeanor and the Town may have the matter removed at the expense of the responsible party and/or permittee in addition to any other appropriate action. (c) Prohibited action - Water obstruction. No person shall obstruct, impede, interfere or otherwise adversely affect the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage paths, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the Town. (d) Prohibited action - Construction in public riqhts-of-way. No person shall perform any work or construct any facility (including, but not limited to, excavation, embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of this Town without an encroachment permit from the Town. ARTICLE 3: PERMITS REQUIRED Section 92-8.10 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 Section 92.8.11 below. Section 92-8.11 ExemDtions 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 feet after the completion of the structure; (b) Cemetery graves; 6 (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 sub-section (1) or (2) exist. (1) A fill not intended to support structures which the City 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 horizontal to one vertical; and b. is less than three 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 cubic yards; and d. is no closer than three feet to an exterior property line; or (2) An excavation which: a. is less than three 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 cubic yards; and c. does not create a cut slope greater than five feet in height or steeper than three horizontal to one vertical; and d. is no closer than five feet to an exterior property line or no closer than one-half 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 City Engineer determines that the weed abatement may create adverse runoff potential and siltation concerns. Section 92-8.12 Grading Permits 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. 7 (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 a n d 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 working days; (4) Implementation of erosion control measures; (5) Any other work deemed reasonable and necessary by the City 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 fine 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, land- scape 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 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 City Engineer. 8 Grading necessary to construct retaining wall structures in hillside areas (Zones 3 and 4), as defined in Section 92-8.12(c),07(c), shall be confined within seven 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 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, de-silting basins and sub-drain systems; and (3) Any other design considerations which were utilized to preserve the natural terrain. Section 92-8.13 Erosion Control Permit 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 City Engineer for projects of a minor nature as determined by the city Engineer. Section 92-8.14 On-Site Paving Permit 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. 9 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. Section 92-8.15 Blasting Permit 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 City 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 city Engineer. New construction shall be designed to conform to the existing terrain. Section 92-8.16 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 City 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 fill 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; 10 (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 City 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; (1) Water source location; (m) Tree ordinance. Section 92-8.17 Liability and Property Damage For permits with a valuation of $50,000 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 City 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 City 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. Section 92-8.18 Denial of Permit (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 City 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 City Engineer shall make a written finding so stating and shall deny the Grading Permit and the Building Permits for habitable structures. 11 (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. Section 92-8.19 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 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 City Engineer. The City 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 City 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. Section 92-8.20 ResDonsibility of Permittee 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: 12 "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." Section 92-8.21 Protection of Adjoining Property 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 city Engineer before a permit for such work may be issued. Section 92-8.22 Notice of Non-Compliance If the soil, civil, or City Engineer finds that the work is not in conformance with this chapter or with the plans approved by the City 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. Section 92-8.23 Permit Administration (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 Section 92-8.19. (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 City 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 copies of a geotechnical or engineering geology reports; four sets of grading or site plans; four sets of interim and final erosion-control plans; master work schedule; approved bonds or securities; any other additional information required by the city Engineer. 13 (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 City 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 Engineer. 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 City Engineer, the permittee shall submit a haul plan for review and approval by the city 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 City 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 City Engineer within 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. 14 (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 City 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 City Engineer. (c) Amendments. (1) All changes in the plans, grades, or extent of work shall be submitted to the City 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 City 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 City 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. 15 (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 extension of time may be granted by the City Engineer if it is judged that the public welfare will not be impaired. The extension shall be for a period the City Engineer deems appropriate, but no 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 City 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. Grounds: A permit may be either suspended or revoked if the Chief Building official or City Engineer finds that: (1) Conditions at the site vary substantially from those shown and stated in the application and development plans; (2) Grading or construction does not conform to the approved plans, grades or other conditions of permit; (3) Cessation of work before completion has left th~ si~e 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; (4) 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; (5) 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; (6) There is no qualified technician, working under the soil engineer, on the site during grading and construction requiring his approval. Procedure: The City 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 it of the suspension or revocation. Upon the written order of the City Engineer, any suspended permit must be either reinstated or revoked. 16 Effect 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 City 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 $1,000.00 and not more than $20,000.00 or by imprisonment in the county jail for not more than 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. ARTICLE 4: EROSION CONTROL Section 92-8.25 Rainy Season Grading Grading activity, up to and including pad certification, is subject to periodic review and approval of the City Engineer and may be prohibited between October 15 and April 15 or at any other time erosion potential exists. Grading activity may occur between October 15 and April 15 upon approval by the City Engineer of applicant's written request. Section 92-8.26 Erosion Control System (a) Interim Erosion Control plans are required for each grading or paving permit for work performed during the rainy season. This plan shall include, but not be limited to, the following: (1) Calculations of surface run-off from the site under reasonably expected rainfall events. (2) A delineation and brief description of the measures to be undertaken to retain sediment on the site, including the designs and specifications for sediment detention basins and traps, and a schedule for their maintenance and upkeep. 17 (3) A delineation and brief description of the surface run-off and erosion control measures to be implemented, including types and methods of applying mulches, and designs and specifications for diverters, dikes and drains, and a schedule for their maintenance and upkeep. Use of gravel bags are encouraged over sand bags. (4) A delineation and brief description of the vegetative measures to be used, including types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep. (5) The name and twenty-four hour telephone number of the person responsible for performing emergency erosion- control work. (6) The signature of the erosion-control specialist who prepared the plan and who is responsible for monitoring of the erosion-control work. (7) The streets and drainage devices that will be completed and paved by October 15. (8) Indication of how access will be provided to maintain desilting facilities during wet weather. (9) A work schedule that includes: the proposed grading schedule; the proposed conditions of the site on August 15, September 15, October 1, and October 15 during which the permit is in effect; the proposed schedule for installation of all temporary erosion and sediment-control measures; schedule for construction of final improvements; and schedule for installation of permanent erosion and sediment-control devices when required. (10) Consideration of drainage patterns during the various phases of grading throughout the rainy season. (11) An estimate of the cost of implementing and maintaining all interim erosion and sediment-control measures. (12) Any additional information required by the City Engineer to ensure performance of erosion and sediment- control systems. (b) Final Erosion Control plans are required for each grading or paving permit and shall describe conditions after constructing final structures and improvements. This plan shall include the following: (1) A descriDtion of, and specifications for, sediment detention devices. 18 (2) A description of and specifications for surface run- off and erosion-control devices. (3) A description of vegetative measures. (4) An estimate of the costs of implementing all final erosion and sediment-control measures, submitted in a form acceptable to the City Engineer. (c) The surface of all cut slopes more than five feet in height and fill slopes more than three feet in height shall be protected against erosion by planting with grass or ground cover plants. The plants and planting methods shall be suitable for the soil and climatic conditions of the site and in accordance with standard specifications on file in the Engineering Division. Section 92-8.27 Erosion Control Maintenance The permittee is responsible for maintaining temporary erosion control measures in substantial conformance with the approved erosion control plan(s) for the entire time during which construction is being performed. An erosion control permit is required on all sites unless specifically exempted in this chapter or by the city engineer. A bond or cash deposit may be required by the Town prior to grading permit issuance to ensure compliance with these regulations. The bond or cash security may be retained by the Town for a period of one year if, in the Town's opinion, a question exists as to the slope stability without natural vegetation. ARTICLE 5: SLOPE DRAINAGE Section 92-8.30 General Provisions Terracing and the associated drainage facilities are prohibited except for special circumstances as determined by the city engineer. When permitted, these facilities shall conform to the following specifications unless shown otherwise on the approved grading plan: (a) When cut or fill slopes greater than 30 feet in height are authorized, drainage collection and slope stability devices shall be incorporated in accordance with Town standards. (b) On manufactured slopes greater than 30 feet in height drainage collection and slope stability devices shall have a minimum gradient of two percent and must be paved with reinforced concrete, or approved equivalent. (c) Runoff shall not be collected from a tributary area exceeding 13,500 square feet without discharging into a system (ditch or pipe) approved by the City Engineer. 19 (d) Cut and fill slopes shall be provided with approved subsurface drainage as necessary for stability and protection of adjacent properties from the influence of groundwater. The design of such facilities shall be contained in the approved preliminary (initial) soil engineering or engineering geology report and/or shall appear on the approved grading plan pursuant to the approval of the soil engineer and the engineering geologist (if applicable). (e) Subsurface drainage facilities shall be installed beneath all fills and where natural and artificially introduced ground water affects, or is likely to affect, the project in a potentially unstable, hazardous or otherwise deleterious manner. (f) All drainage facilities shall be designed to carry waters to the nearest approved drainage system. (g) Where surface waters are to be conducted or directed onto adjacent property in an unnatural manner, the applicant shall obtain written permission from the adjacent property owner accepting the surface waters prior to issuance of a grading permit. (h) Building sites shall have a sheet flow drainage gradient of two percent (2%) minimum from the structure toward approved swales or drainage facilities, unless otherwise waived by the Chief Building Official. The maximum drainage gradient of an earth swale shall be four percent (4%). (i) Grading of future building sites under a preliminary grading permit for the purpose of lot sales shall have a sheet flow drainage gradient of two percent (2%) toward approved drainage facilities. The City Engineer may reduce this minimum gradient to one percent (1%) upon the written request of the applicant or his agent, providing the applicant demonstrates the following: (1) Finish grades for drainage of building sites can be constructed in accordance with the requirements of this subsection without importing additional fill, and (2) Sufficient approved swales or drainage facilities are constructed to prevent water from ponding on any lot supported by a natural slope. 20 (j) Finish grades, other than those detailed in Section 92-8.30 b, h and i, shall conform to the following minimum drainage gradient standards: Surface Condition/ Minimum Flow Type Gradient (1) Earth swales 1.0% (2) Earth (sheet flow) 1.0% (3) Asphalt pavement (sheet flow) 1.0% (4) Concrete drain in earth area 1.0% (5) Concrete gutter in asphalt paved area 0.5% (6) Concrete pavement (sheet flow) 0.5% (k) Approved interceptor drains shall be installed along the top of all manufactured slopes unless waived by the city Engineer. (1) Slopes flatter than 3:1 shall be re-vegetated, interceptor and subdrain systems installed as required by the City Engineer, and have appropriate setbacks as defined in the current UniformBuilding Code (UBC) and sediment collection areas at the base of the slope. ARTICLE 6: HILLSIDE GRADING Section 92-8.40 Location & Character of Development Development in the Town should be concentrated on relatively level areas (slope zones 1 and 2). Visually prominent hillsides shall be developed in accordance with the Scenic Hillside and Major Ridgeline Development (Ordinance 29-84). Additionally, as slope steepness increases, architectural innovation shall be utilized rather than extensive grading so that the natural landform is disturbed to the least extent possible. The following shall serve as a guide within a particular slope zone with the exception that, where approved by the Planning Commission or Town Council, the guidelines for one zone may be applied to limited portions of an adjacent zone to permit the extension or transition of a logical design concept. This guideline will not preclude satisfying requirements for fire apparatus access roads. 21 The "Percent Natural Slope" on a site will be calculated as the average gradient of the entire site unless one of the following conditions exist: (1) The "Percent Natural Slope" existing on sixty percent (60%) or more of the entire site falls within a more restrictive slope zone, or (2) The "Percent NAtural Slope" existing within forty percent (40%) or more of the proposed pad area falls within a more restrictive slope zone, then the more restrictive guidelines will apply. 22 Slope Zone Percent Natural Slope Location Character Guideline 1. Less than 10% This is not a hillside (10 horizontal to condition. Mass grading with 1 vertical) conventional fully padded lots and terracing are acceptable. 2. 10% - 19.9% Development with mass grading may Hillside Grading occur in this zone, but existing (maximum 5 horizontal landforms must retain their to 1 vertical) natural character. Padded building sites are permitted on these slopes, but split level architectural structures with stacking and clustering are preferred. A cut and fill map is required to verify maximum heights of cut and fill. 3. 20% - 33% Special hillside architectural Hillside Grading and design techniques are (maximum 3 horizontal required within Zone 3. to 1 vertical) Architectural designs are to conform to the natural landform. Mass grading is discouraged except on a case-by-case basis as permitted by the Planning Commission. Mass grading is particularly discouraged where development is proposed within a high risk landslide area. This guideline does not preclude any grading necessary to mitigate the slide hazard. A cut and fill map is required to verify maximum heights of cut and fill. 4. 34% or Greater Development will not normally be Hillside Grading approved within this zone, except (Greater than 3 for less visually prominent horizontal to 1 slopes as identified in the vertical) Town's Scenic Hillside and Major Ridgeline Development Ordinance 29-84, and then only in areas where it can be clearly demonstrated that safety, environmental and aesthetic impacts will be minimized. Only limited grading shall be allowed. This guideline does not preclude any grading necessary to mitigate the slide hazard. A Conditional Use Permit is required. A cut and fill map is required to verify maximum heights of cut and fill. 23 Precise identification of major and minor ridgelines is to be completed by the Planning Department during the development review process in accordance with the Scenic Hillside and Major Ridgeline Development Ordinance 29-84. Where this ordinance may conflict with Ordinance 29-84, Ordinance 29-84 takes precedence. Hillside grading shall conformto Section 8-5011 (Map) in Ordinance 29-84. Ridgeline areas of major significance should be left undisturbed or the development shall conform to Ordinance 29-84. Development of ridgelines not addressed in Ordinance 29-84 and of minor significance is permitted where the natural profile can be retained with no abrupt changes in grade and where development and attendant improvements are least visible from other developments (existing and future) and roads below. Ridgelines not identified as "significant" during the development review process may be developed as appropriate in accordance with other applicable development guidelines. Section 92-8.41 Grading Grading and its potentially adverse effects on hillside areas (slope zones 2-4) shall be minimized by: (a) Requiring re-vegetation of engineered slopes according to guidelines established by the Planning and Building Departments. (b) Requiring that manufactured slopes be graded no steeper than a slope of 3 horizontal to 1 vertical. Slopes less than 10 feet in height may be graded to a slope of 2 horizontal to 1 vertical in accordance with recommendations provided in the approved soils report unless approved in writing by the city Engineer. (c) Requiring that all engineered slopes within slope zones 2-4 be contour graded to achieve a natural appearance. Borders of cut slopes and fills are to be rounded to blend with the existing terrain. (d) Requiring road and utility construction in accordance with approved plans and prohibiting grading until improvement plans have been approved for the area. (e) Requiring grading plans to include mitigating measures in accordance with the approved soils report that will reduce underground water seepage problems which may occur because of increased irrigation or alteration of the natural contours to acceptable safety levels. (f) Requiring that grading plans be submitted for approval in accordance with the provisions of the Scenic Hillside and Major Ridgeline Development Ordinance 29-84 and this chapter. 24 Section 92-8.42 Landscaping/Slope Stabilization (a) Grading shall preserve existing areas of vegetation identified as "significant" at the development review level. Trees identified as "significant" shall be preserved as required by the Tree Ordinance. (b) New landscape materials introduced as transition planting shall be used to integrate the man-made and natural environments, to screen and soften the visual impact of development and to provide privacy between project and existing adjacent developments. Landscape materials shall also provide diversity within the developed areas. Plant materials shall be chosen from "Water Conserving Plants and Landscapes for the Bay Area", published by the East Bay Municipal Utility District. Temporary irrigation systems will be required only where necessary to establish plant materials. (c) All cut and fill slopes shall be planted in accordance with an erosion control plan approved by the City Engineer. (d) Landscape and irrigation plans shall be submitted for approval in accordance with the provisions of the Hillside Development Overlay District. Section 92-8.43 Drainage (a) Interceptor ditches shall be established above all cut or fill slopes, where required by the City Engineer, and the intercepted water conveyed to a stable channel or natural drainageway with adequate capacity. (b) Natural drainageways shall be protected from erosion caused by artificially concentrated flows introduced into the stream bed. Protection for inlet and outlet structures shall take the form of riprap with filter fabric or other stabilization measures as reviewed and approved by the City Engineer. Section 92-8.46 Roadways (a) Grading for roadways in slope zones 2, 3 and 4 should have slopes rounded to blend with the natural topography. Manufactured slopes shall be landscaped in accordance with the Town's landscape guidelines. 25 ARTICLE 7: FEES AND SECURITIES Section 92-8.50. Fees 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 City 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. Section 92-8.51 Grading Plan Check Fee 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". Section 92-8.52 Grading Permit Fee 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. Section 92-8.53 Grading Inspection Fees Grading inspection fees shall be established by the City 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". 26 Section 92-8.54 Cost Recovery Fees The City 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. Section 92-8.55 Debris/Clean Up Deposit 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. Section 92-8.56 Special InsDection Fees The City 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. Section 92-8.57 Fees for Extensions of Time 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. 27 Section 92-8.58 Security (a) 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 City Engineer as sufficient to cover his activities during any twelve-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 City 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 City 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 days after satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit. 28 (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 City Engineer as sufficient to cover his activities during any twelve-month period. (j) 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. ARTICLE 8: COMPLETION OF WORK Section 92.870 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 City 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 corners 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 corners or property lines where monumentation is not required (final grading). 29 (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 City 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 grading plan. The geologist shall provide a written approval as to the adequacy of the site for the intended use as affected by geologic factors and, when required by the city Engineer, shall submit an as-built geologic map. (e) Any other reports, progress reports, or certifications deemed necessary by the City Engineer due to the unusual nature of the project or method of construction, or as a result of reviewing the reports required herein. Section 92-8.71 Notice of Completion The city Engineer shall issue a certificate of completion upon satisfactory completion of permitted work. 30 Section 92-8.78 Emergency Conditions This title shall not prevent a person from performing emergency maintenance on pipe or conduit lawfully on or under right-of-way, or making an emergency use, or encroachment necessary to preserve life or property when an urgent necessity arises, except that the person making an emergency use, repair or encroachment shall apply for a written permit within ten calendar days of beginning the work. A person requiring an emergency use, repair or encroachment shall first notify the City Engineer's office. During the hours the Town offices are closed, notice shall be given the Danville Police Department." SECTION II. Repeal. Division 716, Grading, of the Contra Costa County Ordinance Code adopted by the Town by reference, is repealed. SECTION III. Effective Date. This ordinance takes effect 30 days after its adoption. SECTION IV. Publication. The City Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a meeting of the Council of the Town of Danville at a meeting held on December 14, 1989, and was adopted and ordered published at a meeting of the Council held on February 6, 1990, by the following vote: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES: NONE ABSENT: NONE ATTEST: APPROVED AS TO FORM: 31