Chapter 16.16
IMPROVEMENTS
Sections:
16.16.010 Improvements required.
16.16.020 Improvement plan and permits required.
16.16.030 Preparation and form of improvement plans.
16.16.040 Commencement of improvement work.
16.16.050 Construction and installation standards.
16.16.060 Utility line installation standards.
16.16.070 Temporary improvements.
16.16.080 Inspection of improvement work.
16.16.090 Coordination of improvement work.
16.16.100 Improvements waived – Clarifying records or reversion to acreage.
16.16.110 Improvement requirements.
16.16.120 Oversizing improvements – Reimbursement.
16.16.130 Subdivision improvement agreement.
16.16.140 Improvement security required.
16.16.150 Improvement security.
16.16.160 Liability for alterations or changes.
16.16.170 Release of improvement security – Assessment district proceedings.
16.16.180 Release of improvement security.
16.16.010 Improvements required.
The subdivider shall construct or install all improvements in streets, alleys, pedestrian ways, bike paths, channels, easements and other rights-of-way as are necessary for the general use of residents of the subdivision and to meet local traffic and drainage needs in accordance with the provisions of this title. (Ord. 510 § 2, 2007)
16.16.020 Improvement plan and permits required.
Improvement plans shall be completed by the subdivider, and accepted by the city engineer, prior to the acceptance of the final map or parcel map for filing by the city engineer. Plans shall conform to improvement standards adopted by the city council pursuant to Section 66462 of the Government Code. The final map or parcel map shall not be deemed to be submitted for approval until the preparation of said plans is completed and said plans have been accepted by the city engineer. (Ord. 510 § 2, 2007)
16.16.030 Preparation and form of improvement plans.
Improvement plans shall be prepared by, or under the direction of, a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross-sections, profiles, estimated costs, specifications and a detailed layout of all public utilities. The form, layout, scale and other particulars of the plans, and number of copies to be provided, shall be in accordance with the requirements of the city engineer. (Ord. 510 § 2, 2007)
16.16.040 Commencement of improvement work.
Prior to the commencement of grading, construction or installation of any improvements within any street, alley, pedestrian way, easement or other public area or right-of-way, improvement plans shall have been accepted by the city engineer and any other affected departments or divisions. (Ord. 510 § 2, 2007)
16.16.050 Construction and installation standards.
Improvements shall be constructed and installed in accordance with the accepted plans and in accordance with the applicable standards, specifications and permit procedures established by these regulations, the Escalon Municipal Code and other codes or resolutions of the city council. Improvements shall be constructed and installed to permanent line and grade satisfactory to the city engineer. (Ord. 510 § 2, 2007)
16.16.060 Utility line installation standards.
All portions of a subdivision utilities system, including but not limited to electrical, natural gas, telephone, cable television and street lighting service lines, shall be placed underground. However, incidental appurtenant equipment such as transformers, terminal boxes and meter cabinets may be placed above ground when, in the opinion of the city engineer, it is impractical under the given circumstances to place same underground. The provisions of Chapter 13.16 EMC govern, as applicable. (Ord. 510 § 2, 2007)
16.16.070 Temporary improvements.
In addition to permanent improvements, temporary improvements may be required to be made prior to or concurrent with permanent improvements. (Ord. 510 § 2, 2007)
16.16.080 Inspection of improvement work.
All improvements shall be constructed under the inspection of the city engineer, and the subdivider shall cause all such improvement work to be inspected at such times as are established and required by the city engineer. Subdivider shall pay the city a fee to defray the city's costs in making such inspection, the rate of which shall be determined by resolution of the city council. (Ord. 510 § 2, 2007)
16.16.090 Coordination of improvement work.
All work and improvements contemplated by and performed pursuant to these regulations shall be accomplished so as to minimize interference with and coordinate with other construction activities or developments of or on behalf of the city and nearby private development. (Ord. 510 § 2, 2007)
16.16.100 Improvements waived – Clarifying records or reversion to acreage.
If it is determined by the city engineer that the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys by reversion to acreage, or both, the city council may, upon recommendation of the city engineer, waive all or a portion of the improvements which otherwise would be required. (Ord. 510 § 2, 2007)
16.16.110 Improvement requirements.
The improvements required by this chapter as conditions of approval of the tentative subdivision or parcel map may include, but are not limited to, the following:
A. Grade and fill to a grade acceptable to the city engineer and construct all necessary grade crossings, culverts, bridges and other related works;
B. Construct and install all drains, drainage facilities, channel improvements and other drainage works required to provide adequate drainage for the subdivision and to protect all lots and adjacent land from flood or overflow by storm or flood waters in accordance with the accepted plans for drains and drainage works;
C. Construct and install concrete curbs, gutters and sidewalks on both sides of every street and on the proximate side of each existing or dedicated street bordering the subdivision. If a street is an extension of a turnaround or temporary turnaround, the bulbed portion shall be removed and required improvements installed;
D. Install or provide for the installation of water mains, sanitary sewer, storm drains, necessary appurtenances and all laterals required to serve each lot;
E. Relocate or provide for the relocation of any underground or overhead utility, including irrigation lines and traffic signal lines, the relocation of which is necessitated by development of the subdivision;
F. All underground utilities, sanitary sewers, storm drains and other facilities installed in streets or alleys shall be constructed prior to the paving of such street or alley. Service connections for all underground utilities and sanitary sewers shall be laid at such lengths to avoid disturbing the street or alley improvements when service connections thereto are made;
G. Install street pavement to city standards and to the satisfaction of the city engineer;
H. Install sidewalks, alleys, pedestrian ways and bikeways to city standards to the satisfaction of the city engineer;
I. Provide for the planting of residential street trees of the species, condition, size and in the location prescribed by the city engineer;
J. Install or provide for the installation of street lighting facilities of approved design and illumination in the locations and manner approved by the city engineer;
K. At the discretion of the city engineer, install or provide a deposit for the purpose of paying the city its actual costs incurred for installing, warning devices and traffic signal equipment where required by traffic conditions related to the subdivision. At the discretion of the city engineer, provide a deposit for payment of the city for installation of initial signs required for the subdivision by normal city signing practices;
L. Construct and install street barricades in accordance with standard specifications, guardrails, retaining walls and safety devices where required by the city engineer;
M. Construct such acceleration and deceleration lanes and traffic channelization devices in streets as are deemed necessary by the city engineer;
N. Construct a six-foot woven wire fence or masonry wall along subdivision boundary line, where such boundary line is adjacent to or across a public street, alley or pedestrian way from an open and unfenced canal, storm channel, railroad, quarry, airport or other facility deemed possibly hazardous in the sole discretion of the city engineer;
O. Construct a sound reduction barrier where required by the general plan, applicable specific plans or mitigation measures incorporated into the project during the CEQA process. The barrier shall be designed in accordance with standard specifications;
P. Improve bike paths with adequate fencing designed in accordance with standard specifications; and
Q. Construct improvements required and included as mitigation measures pursuant to CEQA. (Ord. 510 § 2, 2007)
16.16.120 Oversizing improvements – Reimbursement.
As a condition of approval of a tentative subdivision or parcel map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said improvement be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Government Code shall be contained in the subdivision improvement agreement. (Ord. 510 § 2, 2007)
16.16.130 Subdivision improvement agreement.
A. If the required improvements are not satisfactorily completed before a final map or parcel map is filed with the city engineer, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which the subdivider shall complete all improvement work to the satisfaction of the city engineer, and providing that if the subdivider shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The requirements for such a subdivision improvement agreement shall not be waived under any circumstances.
B. The subdivision improvement agreement shall be in writing, shall be approved as to form by the city attorney and as to substance by the city engineer, and shall be secured and conditioned as provided in this chapter. An acknowledged abstract of said agreement shall be recorded simultaneously with the final map or parcel map.
C. The subdivision improvement agreement, and acknowledged abstract thereof, shall be complete and on file with the city engineer before the final map or parcel map is accepted for filing. The term of the agreement shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the city engineer.
D. A subdivision improvement agreement shall include the following provisions:
1. Mutually agreeable terms to complete all required improvements at the subdivider's expense;
2. A provision that the subdivider shall comply with all requirements of these regulations, of the municipal code, and of other applicable laws, and with all terms and conditions of required improvement permits;
3. A statement indicating a period of time, satisfactory to the city engineer, within which the subdivider shall complete all improvement work;
4. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the city in completing such work;
5. Provision for the inspection of all improvements of the subdivision by the city engineer for a period of 12 months after said improvement acceptance date;
6. Provision for the repair and replacement of defective material and workmanship of said improvements by the subdivider for a period of 12 months after the improvements have been accepted by the city engineer;
7. A provision guaranteeing payment to the city for all engineering and inspection costs and fees and all other incidental expenses incurred by the city; and
8. A description of all lands within the exterior boundaries of the subdivision.
E. A subdivision improvement agreement may include the following provisions and such other additional terms and conditions as are determined necessary by the city engineer and city attorney to carry out the intent and purposes of these regulations:
1. Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;
2. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision at the subdivider's expense;
3. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; and providing that such improvements shall be secured by separate cash bond in the manner prescribed by this chapter, and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to the aforementioned sections;
4. Provision for reimbursement to be paid the subdivider under the provisions of Section 66486 of the Government Code;
5. Provision for the setting of required monuments after the recordation of the final map or parcel map;
6. Provision for the method of payment of any fees imposed by this title. (Ord. 510 § 2, 2007)
16.16.140 Improvement security required.
A. General. Except as provided otherwise in subsection B of this section, a subdivider shall secure the improvement agreement entered into pursuant to EMC 16.16.130 in the following amounts:
1. Performance Security. An amount determined by the city engineer to be 100 percent of the total estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvement or acts to be performed;
2. Labor and Material Security. An amount determined by the city engineer to be not less than 50 percent nor more than 100 percent of the total estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts;
3. Warranty Security. An amount determined by the city engineer to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished; and
4. Monument Security. An amount determined by the city engineer to be necessary to cover the cost of setting any monuments deferred pursuant to EMC 16.15.080.
B. Exempt Entities. Entities that are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the State of California or one of its agencies, are exempt from the requirements of subsections (A)(1) and (A)(2) of this section, provided they meet and fulfill the alternative security requirements specified in Section 66499.3(c) of the Government Code. (Ord. 510 § 2, 2007)
16.16.150 Improvement security.
A. Form of Improvement Security. Improvement security shall be in one of the following forms:
1. A cash deposit or deposits.
2. A bond or bonds issued by one or more duly authorized corporate sureties.
3. A savings and loan certificate and share.
4. An instrument or instruments of credit from one or more financial institutions subject to regulations by the state or federal government pledging that the funds necessary to carry out the agreement are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.
5. A lien upon the property to be divided, created by contract between the owner and the city, if the city council finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.
6. Any form of security, including security interests in real property, which is acceptable to the city.
7. Any other form of improvement security authorized by the Subdivision Map Act, including the deposit, with a responsible escrow agent or trust company approved by the city council, of money or negotiable bonds of the kind approved for securing deposits of public money.
B. The required security shall be in an amount determined by the city engineer as sufficient to cover the cost of said improvements, engineering, inspection, fees and incidental expenses. The required improvements security shall be approved by the city engineer as to sufficiency and by the city attorney as to form.
C. Forfeiture of Improvement Security. In the event the subdivider fails to complete all improvement work in accordance with the provisions of the subdivision improvement agreement and this title and the city completes same, or if the subdivider fails to reimburse the city for the cost of inspection, engineering, fees and incidental expenses, the city shall call on the surety for reimbursement or shall appropriate from any cash deposits, savings and loan certificates and shares, or instruments of credit, funds for reimbursement. In any case, if the amount of the surety bond, savings and loan certificate and shares, instrument of credit, or cash deposit exceeds all cost and expenses incurred by the city, it shall release the remainder of such bond, savings and loan certificate or share of cash deposit. If the amount of the surety bond, savings and loan certificate and share, instrument of credit, or cash deposit is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 510 § 2, 2007)
16.16.160 Liability for alterations or changes.
The liability upon the security given for the faithful performance of the subdivision improvement agreement shall include the performance of any changes or alterations in the work; provided, that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvements. (Ord. 510 § 2, 2007)
16.16.170 Release of improvement security – Assessment district proceedings.
If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, or upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the city engineer by the amount corresponding to the amount of such bonds furnished by the contractor. (Ord. 510 § 2, 2007)
16.16.180 Release of improvement security.
A. Performance Security. The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the city engineer. Such acceptance shall occur when the certificate of completion is signed by the city engineer. If a warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.
B. Labor and Material Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvement by the city engineer, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
C. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period; provided, that all warranty deficiencies have been corrected.
D. Monument Security. The monument security shall be released upon satisfactory installation of all deferred monuments pursuant to EMC 16.15.080.
E. Pursuant to Government Code Sections 66499.7 and 66499.9, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses or fees, including reasonable attorneys' fees. (Ord. 510 § 2, 2007)