COMMUNITY DEVELOPMENT DEPARTMENT

Transcription

1 COMMUNITY DEVELOPMENT DEPARTMENT Subject: Issue: Reference: Policy/Procedure: Piers and Docks Permit Requirements There is some uncertainty as to the ownership of land underlying Donner Lake between the low water mark and high water mark. This policy clarifies the permit requirements for Donner Lake property owners especially in regards to demonstrating property ownership or permission to construct the pier or dock. Section (D) The permit requirements for obtaining a building permit to construct a pier, dock, or similar structure on Donner Lake are described in the attached information sheet on Recreational Piers and Docks Permit Requirements. Effective Date: February 14, 2008 Staff responsibilities for accepting building permit applications, reviewing and approving building plans, and inspecting construction are set forth in the attached information sheet on staff responsibilities. Attachments: Recreational Piers and Docks Information Sheet on Permit Requirements, dated 2/14/08 Piers and Docks Permit Requirements Staff Responsibilities, dated 2/14/08 Approved by: John McLaughlin, Director Approved by: Mike Lavallee, Chief Building Official Approved as to Legal Form and Sufficiency: Dennis Crabb, Town Attorney Date: 40

2 RECREATIONAL PIERS AND DOCKS INFORMATION SHEET on PERMIT REQUIREMENTS GENERAL INFORMATION The construction, reconstruction, and repair of private recreational piers and docks on Donner Lake requires a building permit in accordance with the Town Building Code. Because the pier or dock encroaches into protected waters of the United States and State of California and may be located on State of California lands or public trust easements, approvals and permits from the California Regional Water Quality Control Board, California Department of Fish and Game, United States Army Corps of Engineers, and California States Land Commission (unless exempted) are also required before a building permit may be issued. This information sheet explains what must be submitted to the Community Development Department to obtain a building permit. It is also lists other Town regulations and standards that apply to piers and docks on Donner Lake. (Please note that the Federal and State agencies will also have regulations and standards that may apply to the construction or repair of the pier or dock.) BUILDING PERMIT REQUIREMENTS The following items must be submitted as part of your building permit application submittal. If any of these items are missing, your application may not be accepted. 1. Residential Permit Request Form. 2. Two complete sets of the following documents. Please refer to the Permit Handbook for Single Family Residential Construction for the requirements in preparing these documents. a. Boundary Survey b. Site Plan (In addition to the information required by the Permit Handbook for Single Family Construction, the site plan must show the following contour elevations of the lake bed: the 100-year floodplain at 5,938.0 feet ASL, the high water line at 5,935.8 feet ASL, and the low water line at 5,933.8 feet ASL. The elevations shall be prepared, signed, and stamped by a licensed surveyor or a licensed engineer and be based on the National Geodetic Vertical Datum 1929 or North American Vertical Datum 1988.) c. Exterior Elevations d. Construction Details and Cross-Sections e. Engineering Calculations 3. Written documentation of permits, approvals, or waivers from the following Federal and State agencies. (See Approvals from Federal and State Agencies and State Lands Commission for further details). a. California Regional Water Quality Control Board b. United States Army Corps of Engineers c. California Department of Fish and Game d. California State Lands Commission OR Exemption 4. Plan Check fee. TOWN CODE REQUIREMENTS The construction or repair of the pier or dock must comply with all applicable provisions of the Town Building Code. In addition, the following Development Code requirements must be met before a building permit may be issued: No more than one pier, dock, ramp, or similar structure is allowed on a parcel. Truckee Community Development Department Phone: Truckee Airport Road, Truckee, CA Fax:

3 Recreational Piers Info Sheet, 2/14/08 Page 2 Sidewalls and roofs on the pier or dock are prohibited. Safety railings with a maximum height of four feet are allowed. The pier, dock, ramp, or similar structure must be located a minimum of five (5) feet from side property lines. APPROVALS FROM FEDERAL AND STATE AGENCIES Because Donner Lake is a protected water of the United States and the State of California, a number of Federal and State regulations are applicable to piers and docks in Donner Lake. Before the Community Development Department may issue a building permit for the construction or repair of a pier or dock, we must have written documentation or evidence demonstrating that the property owner has complied with all applicable Federal and State regulations and that the construction or repair of the pier or dock will be done in accordance with those regulations. Written documentation or evidence of a permit, approval, or waiver (from their requirements) from the following Federal and State agencies must be submitted as part of your building permit application. If you do not submit one or more of these agency approvals, the Community Development Department cannot issue your building permit. Type of Permit/Approval: Clean Water Act Section 401 Water Quality Certification and Floodplain Exemption Agency: California Regional Water Quality Control Board, Lahontan Region Address: 2501 Lake Tahoe Blvd South Lake Tahoe, CA Contact: Scott Ferguson (530) Type of Permit/Approval: Clean Water Act Section 401 Water Quality Certification and Nationwide Permit Agency: Department of the Army, U.S. Army Engineer District, Sacramento Corps of Engineers Address: 1325 J Street Sacramento, CA Contact: Tom Cavanaugh (916) Type of Permit/Approval: Agency: Address: Streambed/Lakebed Alteration Agreement California Department of Fish and Game 1701 Nimbus Rd, Suite A Rancho Cordova, CA Contact: Dale Watkins, (916) When contacting the Department of Fish and Game, please request a Streambed or Lakebed Alteration Notification Package. STATE LANDS COMMISSION The California State Lands Commission asserts jurisdictional authority for any pier, dock, or other structure that extends beyond the historical high water mark of Donner Lake (5,935.8 feet above sea level). Before the Community Development Department may issue a building permit for the construction or repair of a pier or dock, we must have written documentation or evidence demonstrating that the property owner has complied with applicable State Lands Commission regulations OR that the property owner has title insurance and boundary survey guarantees of the property owner s ownership of the underlying property. Truckee Community Development Department Phone: Truckee Airport Road, Truckee, CA Fax:

4 Recreational Piers Info Sheet, 2/14/08 Page 3 A lease from the State Lands Commission or documentation supporting an exemption as described below must be submitted as part of your building permit application. If you do not comply with one of these requirements, the Community Development Department cannot issue your building permit. Type of Permit/Approval: State Lands Lease Agency California State Lands Commission Address: 100 Howe Ave, Suite 100 South Sacramento, CA Contact: Mary Hays (916) OR Exemption: The property owner must provide the following: (a) (b) (c) A title report (dated no earlier than 90 days prior to submittal of permit application) that shows ownership of the land below the historical high water mark which encompasses the pier, dock, or structure is vested with that owner and insures ownership against claims by the State of California. A boundary survey that shows the pier, dock, or structure is located totally within the owner s property. A signed, notarized agreement holding the Town harmless from any expense or liability incurred as a result of any action brought by the State of California or other third parties arising from the issuance of the permit by the Town. A sample agreement is attached to this information sheet. ADDITIONAL INFORMATION If you have any questions or would like additional information, please contact the Community Development Department at (530) and a permit technician or plans examiner will be glad to talk with you. Truckee Community Development Department Phone: Truckee Airport Road, Truckee, CA Fax:

5 INDEMNITY AND HOLD HARMLESS AGREEMENT This Indemnity and Hold Harmless Agreement (the "Agreement"), dated as of the day of, 2008 is entered by and between ("Indemnitor"), and the TOWN OF TRUCKEE, a California municipal corporation ("Indemnitee''). This agreement is entered into with respect to and in consideration for the recitals set forth below and constitutes an agreement for indemnity and hold harmless between the parties. RECITALS 1.1 On Indemnitor requested a building permit from Indemnitee for the construction of certain improvements at Donner Lake. A true and correct copy of that application is attached hereto as Exhibit A and incorporated by reference herein as if fully set forth. 1.2 The State of California has or may claim rights to require Indemnitor to obtain approval from the State and payment of monies prior to construction of the improvements. Indemnitor has been advised of the State s position and has elected not to seek State approval. 1.3 Indemnitee has received proof of ownership from Indemnitor in the form of a boundary survey and title insurance showing the State has no recognizable interest in the property upon which the improvements are to be constructed. 1.4 Indemnitee is prepared to issue the requested permit if held harmless and indemnified from any and all costs which may occur as a result of any such claim or other legal action filed by the State, including payment of Indemnitee s reasonable attorney s fees, expert witness fees and litigation expenses. INDEMNITY 2.1 Indemnity. Indemnitor shall defend, indemnify, and hold harmless Indemnitee and its agents, officers, and employees from any claim, action, or proceeding brought against Indemnitee to attack, set aside or annual Indemnitee s approval of the attached permit, which action is brought within the time period provided for by state law. This indemnity shall include, but shall not be limited to, the payment of the reasonable attorney fees, expert witness fees, and costs incurred by Indemnitee in cooperation in any such defense. In the event any such claim or litigation is served upon Indemnitee, a written notice shall be provided and defense tendered to Indemnitor in a timely manner. GENERAL PROVISIONS 3.1 Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the indemnity of Indemnitee by Indemnitor and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged herein.

6 3.2 Modification. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against whom the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 3.3 Binding Effect and Recordation. All of the terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective legal representatives, successors and assigns. This agreement shall be recorded in the official records of Nevada County. 3.4 Governing Law and Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any action shall be the Nevada County Superior Court, Truckee Division. This agreement is to be interpreted reasonably, to carry out its purpose and intent. No presumption shall arise from the identity of the drafter. 3.5 Authority to Execute. Each individual executing this Agreement represents, warrants, and covenants that he or she is authorized to execute this Agreement on behalf of himself or herself. 3.6 Counterparts. This Agreement may be signed in counterparts. This agreement is to set forth the terms and conditions concerning the required indemnification. Indemnitor Dated: By: Its: Town of Truckee, Indemnitee Dated: By: Tony Lashbrook Its: Town Manager

7 State of California County of Nevada } CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On personally appeared before me, who proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Nevada } On personally appeared before me, who proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary _

8 PIERS AND DOCKS PERMIT REQUIREMENTS Staff Responsibilities The construction, reconstruction, and repair of private recreational piers and docks on Donner Lake are regulated by the Town and require a building permit. Town regulations are contained in the Building Code and in Section (Donner Lake Development Standards) of the Development Code. Other procedural requirements are set forth in the information sheet for Recreational Piers and Docks Permit Requirements. Staff responsibilities for accepting building permit applications, reviewing and approving building plans, and inspecting construction for recreational piers and docks will be as usual for single family residential building plans with the following elaboration: Building Permit Technician The Building Permit Technician will review building permit application submittals and verify the application includes all required items. These include: Residential Permit Request Form. Two complete sets of boundary survey, site plan, exterior elevations, construction details and cross-sections, and engineering calculations as described in the information sheet. Plan Check Fee. Written documentation of permits, lease, approvals, or waivers from: o California Regional Water Quality Control Board, Lahontan Region o US Army Corps of Engineers o California Department of Fish and Game o California State Lands Commission (unless the applicant states they are exempt from providing a lease or approval from the State Lands Commission). Instead of submitting a lease from the State Lands Commission, the following: o A title report of the property dated no earlier than 90 days prior to submittal of the permit application o A signed notarized hold harmless agreement. The Building Permit Technician will forward the building plans to the Plans Check Examiner, Planning Technician, and Engineering Technician. Building Plans Examiner The Building Plans Examiner will review the building plans to verify that the dock/pier and its installation complies with the Building Code. The Building Plans Examiner will review the written documentation from the Federal and State agencies to verify the applicant has received the necessary permit, approval, lease, or waiver from the agencies and the building plans comply with the approvals. February 14, 2008

9 Piers and Docks Staff Responsibilities Page 2 of 2 If the applicant states they are exempt from providing a lease or approval from the State Lands Commission, the Building Plans Examiner will verify that the title report on the property shows ownership of the land below the historical highwater mark is vested with the owner and insures ownership against claims by the State of California, and the boundary survey delineates the property described in the title report and shows the pier, dock, or structure is located totally within the owner s property. Planning Technician The Planning Technician will review the building plans to verify that the dock/pier and its installation complies with the Development Code. Building Inspector The Building Inspector will inspect the installation of the dock/pier to verify that it has been installed in accordance with the Building Code and as shown on the approved building plans. February 14, 2008