Chapter 16.25
SUBDIVISION IMPROVEMENTS
Sections:
16.25.020 Required improvements.
16.25.030 Deferred improvement agreements.
16.25.070 Improvement agreements.
16.25.080 Improvement security.
16.25.100 Construction inspection.
16.25.110 Completion of improvements.
16.25.120 Acceptance of improvements.
16.25.010 Generally.
The subdivider shall construct all required improvements both on and off site according to approved standards.
No final map shall be presented to the Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do such work. [Ord. 165 § 1, 1982; Ord. 60 § 1.801, 1968.]
16.25.020 Required improvements.
(1) General. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with but not limited to the following, shall be required of all subdivisions.
Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. Completion of improvements shall be in accordance with RDMC 16.25.110.
(2) Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.
(3) Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement.
(4) Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.
(5) Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.
(6) Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations or as provided in this subsection.
(a) Subdivisions. For subdivisions of five or more parcels, the developer may appeal the undergrounding requirement along peripheral streets and along streets within the subdivision to the City Council. Such appeal shall be in accordance with RDMC 16.10.090. The appeal shall be accompanied by an estimate from each utility company for the approximate costs per lineal foot and total cost to underground its facilities along said streets. The developer shall pay all fees as may be charged by each utility company to make the required estimate.
The City Council may, at its discretion, accept a fee in lieu of the undergrounding of existing facilities along said streets. The amount of the fee shall not be less than the amount established by the City Engineer for the normal cost of undergrounding of existing utilities along residential streets.
In-lieu fees shall be deposited in a special undergrounding account to be used as approval by the City Council for future undergrounding of utilities throughout the City. The City Council shall use its discretion to waive undergrounding requirements or undergrounding in-lieu fees only in the following cases:
(i) In unusual circumstances when the application of the requirements appears impractical or unjust to the subdivider;
(ii) The lots within the residential subdivision or the development existed as legally described parcels prior to May 5, 1970, and significant overhead utilities exist within the subdivision;
(iii) The new residential subdivision or development is one for which a master plan, preliminary map, or tentative map was filed before May 5, 1970, with the City pursuant to the Subdivision Map Act and an agreement for utility services was entered into with the utility company before May 5, 1972;
(iv) The minimum parcel size within the new residential subdivision or real estate development, identified by a map filed with the City, is three acres and the applicant shows that all of the following exist:
(A) No other regulations, ordinances, or statutes require undergrounding of utilities;
(B) City ordinances and land use policies do not permit further division of the parcels involved such that parcel sizes less than three acres could be formed;
(C) City ordinances or deed restrictions do not allow more than one single-family dwelling or accommodation on each such parcel of not less than three acres, or any portion of such parcels of not less than three acres;
(D) New overhead utilities constructed to or within the residential subdivision would not be in proximity to, and visible from, a designated scenic highway, State or national park, or other area determined by a governmental agency to be of unusual scenic interest to the general public. As used in this section, “in proximity to” shall mean within 1,000 feet from each edge of the right-of-way of designated State scenic highways and from the boundaries of designated parks and scenic areas. “Visible from” shall mean that overhead distribution facilities could be seen by motorists or pedestrians traveling along scenic highways or visiting parks or scenic areas;
(E) Exceptional circumstances do not exist which, in the utility company’s opinion, warrant the installation of underground utilities;
(F) The utility company does not elect to install at its own increased expense the underground utilities for its operating convenience.
(b) Lot Splits. For subdivisions of four or less parcels (lot splits), undergrounding requirements may be waived or modified by a majority of the Planning Commission upon recommendation by the City Planner and City Engineer upon finding:
(i) The subdivision is within an area where existing utilities have not been undergrounded.
(ii) Overhead utilities will have no significant visual impact.
If the undergrounding requirement is waived as allowed by subsections (6)(b)(i) and (ii) of this section, the in-lieu fee as established by the City Engineer shall be paid and deposited in a special undergrounding account to be used and approved by the City Council for future undergrounding of utilities throughout the City.
(c) For subdivisions of four or less parcels (lot splits), the undergrounding in-lieu fee may be waived or modified by a majority of the City Council upon recommendation by the City Planner, City Engineer, and a majority of the Planning Commission upon finding:
(i) The subdivision is within an area where existing utilities have not been undergrounded;
(ii) Overhead utilities will have no significant visual impact;
(iii) Circumstances exist that would make the application of the in-lieu fee requirement appear impractical or unjust, economically or otherwise, to the subdivider. [Ord. 176 § 1, 1983; Ord. 165 § 1, 1982; Ord. 60 § 1.802, 1968.]
16.25.030 Deferred improvement agreements.
(1) Subdivisions of Four of Less Parcels. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:
(a) Construction of said improvements shall commence within 90 days of the receipt of the notice to proceed from the City.
(b) That in the event of default by the owner, his successors or assigns, the City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the owner, his successors or assigns, including interest from the date of notice of said cost and expense until paid.
(c) That this agreement shall be recorded in the office of the Recorder of Humboldt County, California, at the expense of the owner and shall constitute notice to all successors and assigns of the title to said real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as hereinabove set forth, subject to foreclosure in event of default in payment.
(d) That in event of litigation occasioned by any default of the owner, his successors or assigns, the owner, his successors or assigns agree to pay all costs involved, including reasonable attorneys’ fees, and that the same shall become a part of the lien against said real property.
(e) That the term “owner” shall include not only the present owner but also his heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with said real property and constitute a lien thereagainst.
The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this title and all applicable City ordinances in effect at the time of construction.
(2) Remainders. Where remainders are made part of a final or parcel map, the City may enter into an agreement with the subdivider to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. Said improvements shall be at the developer’s expense. In the absence of such an agreement, the City may require fulfillment of such construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
(a) The public health and safety; or
(b) The required construction is a necessary prerequisite to the orderly development of the surrounding area. [Ord. 165 § 1, 1982; Ord. 60 § 1.803, 1968.]
16.25.040 Design.
(1) Generally. The design and layout of all required improvements both on and off, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the City Engineer.
(2) Energy Conservation. The design of a subdivision for which a tentative map is required, pursuant to RDMC 16.05.090, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.
Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.
In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.
For the purposes of this section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. [Ord. 165 § 1, 1982; Ord. 60 § 1.804, 1968.]
16.25.050 Access.
The subdivision shall abut upon or have an approved access to a public street. Each unit or lot within the subdivision shall have an approved access to a public or private street.
Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.
Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required. [Ord. 165 § 1, 1982; Ord. 60 § 1.805, 1968.]
16.25.060 Improvement plans.
(1) Generally. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California. Improvement plans shall include but not be limited to grading, storm drains, landscaping, streets and related facilities.
(2) Form. Plans, profiles and details shall be legibly drawn, printed or reproduced on 24-inch by 36-inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inches on the left side.
A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the City Engineer and for approval of plan revisions.
Plan and profiles shall be drawn to the scale of one inch equals 40 feet or larger unless approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.
A vicinity map shall be shown of the first sheet of all sets of plans.
A north arrow shall be shown on each sheet when applicable.
Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the City Engineer.
All lettering shall be one-eighth inch minimum.
If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.
The form of all plans shall conform to such additional requirements as may be established by the City Engineer. The final form of plans shall be approved by the City Engineer.
(3) Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private (including common areas).
Reference may be made to City of Rio Dell, Humboldt County or State standard plans in lieu of duplicating the drawings thereon.
(4) Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form as approved by the City Engineer.
(5) Review by the City Engineer. The subdivider shall submit two sets of improvement plans and two copies of all computations to the City Engineer for review. Upon completion of his review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider’s engineer.
(6) Approval by the City Engineer. After completing all required revisions, the subdivider’s engineer shall transmit the originals of the improvement plans to the City Engineer for his signature.
Upon finding that all required revisions have been made and that the plans conform to all applicable City ordinances, design review requirements and conditions and approval of the tentative map, the City Engineer shall sign and date the plans. The originals will be returned to the subdivider’s engineer.
Approval of the improvement plans shall not be construed as approval of the sanitary sewer or water construction plans.
Approval by the City Engineer shall in no way relieve the subdivider or his engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.
(7) Revisions to Approved Plans.
(a) By Subdivider. Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or his appointee and shall be accompanied by two sets of revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the City Engineer’s office for initialing. The originals shall be returned to the subdivider’s engineer and two sets of the revised plans shall be immediately transmitted to the City Engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received by the City Engineer and forwarded to his designated inspector.
(b) By City Engineer. When revisions are deemed necessary by the City Engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and his engineer. The subdivider’s engineer shall revise the plans and transmit the originals to the City Engineer for initialing within such time as specified by the City Engineer. Upon receipt of the initialed originals, the subdivider’s engineer shall immediately transmit two sets of revised drawings to the City Engineer. Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted. The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two working days following receipt of the request to revise the plans.
(c) Plan Checking and Inspection Costs for Revisions. Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints; such deposit shall be applied toward the actual costs. [Ord. 165 § 1, 1982; Ord. 60 § 1.806, 1968.]
16.25.070 Improvement agreements.
The agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:
(1) Construction of all improvements per the approved plans and specifications.
(2) Completion of improvements within the time specified by RDMC 16.25.110.
(3) Right by the City to modify plans and specifications.
(4) Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties.
(5) Payment of inspection fees in accordance with the City’s resolution establishing fees and charges.
(6) Improvement security as required by this chapter.
(7) Maintenance and repair of any defects or failures and causes thereof.
(8) Release of the City from all liability incurred by the development and payment of all reasonable attorney’s fees that the City may incur because of any legal action arising from the development.
(9) Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer. [Ord. 165 § 1, 1982; Ord. 60 § 1.807, 1968.]
16.25.080 Improvement security.
(1) Generally. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code and as provided herein.
No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.
(2) Form of Security. The form of security shall be one or a combination of the following at the option and subject to the approval of the City:
(a) Bond or bonds by one or more duly authorized corporate sureties.
(b) A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public moneys.
(c) An instrument of credit or a set-aside letter from one or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.
The provisions of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the State Subdivision Map Act.
(3) Amount of Security. A performance bond or security in the amount of 100 percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50 percent of the estimated construction cost shall be required to guarantee the payment to the subdivider’s contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements.
If a set-aside letter is used as security, an additional 20 percent of the estimated construction cost will be required in addition to the 150 percent stated above.
The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:
(a) Not less than five percent nor more than 10 percent of the total construction cost for contingencies.
(b) Increase for projected inflation computed to the estimated midpoint of construction.
(c) All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to insure installation.
(d) In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney’s fees, incurred in enforcing the obligation secured.
(4) Cash Bond. The developer shall deposit with the City not less than $1,000 cash for subdivisions of four or less parcels, and $3,000 for other subdivisions, or such additional amount as required by the City Engineer, not to exceed one percent of the construction cost. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider or his contractor that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the developer at the time all bonds are released.
(5) Warranty Security. Upon acceptance of the subdivision improvements by the City Council, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than 50 percent of the cost of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period. In hillside areas, the warranty security shall be not less than 100 percent of the construction cost of improvements.
(6) Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 50 percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, the Subdivision Map Act, or the improvement agreement.
(7) Release of Improvement Securities.
(a) Performance Security. The performance security shall be released only upon acceptance of the improvements by the City when an approved warranty security has been filed with the City Engineer.
(b) Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after the acceptance of the work, be reduced to amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no such claims have been recorded, the security may be released in full. The balance of the security shall be released upon the settlement of such claims and obligation for which the security was given.
(c) Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided:
(i) All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.
(ii) Not less than 12 months have elapsed since the acceptance of the improvements by the City Council.
The City Engineer may authorize in writing the release or reduction of the security in accordance with the conditions hereinabove set forth. [Ord. 165 § 1, 1982; Ord. 60 § 1.808, 1968.]
16.25.090 Construction.
The construction methods and materials for all improvements shall conform to the Standard Improvement Specifications of the City of Rio Dell, as amended. The general provisions of the City’s Standard Specifications shall apply to the developer where applicable.
Construction shall not commence until required improvement plans have been approved by the City Engineer. [Ord. 165 § 1, 1982; Ord. 60 § 1.809, 1968.]
16.25.100 Construction inspection.
(1) Generally. All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the City’s Standard Specifications.
(2) Preconstruction Conference. Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the City Engineer or his designated inspector.
(3) Final Inspection and Deficiency List. Upon completion of the subdivision improvements, the developer shall apply in writing to the City Engineer for a preliminary final inspection. The City Engineer or authorized representative shall schedule a preliminary final inspection.
A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the City Engineer or authorized representative.
When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.
Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The City Engineer or authorized representative shall then make a final inspection.
Upon finding that all items on the deficiency list have been corrected and receipt of as-built improvement plans, the subdivision shall be placed on the Council agenda for acceptance.
The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. [Ord. 165 § 1, 1982; Ord. 60 § 1.810, 1968.]
16.25.110 Completion of improvements.
(1) Subdivisions of Five or More Parcels. The subdivision improvements shall be completed by the developer within 18 months, or such time as approved by the City Engineer, not to exceed a period of 24 months, from the recording of the final map, unless an extension is granted by the City Council.
Should the subdivider fail to complete the improvements within the specified time, the City may, by resolution of the Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor.
(2) Subdivisions of Four or Less Parcels. Completion of improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.
The completion of the improvements may be required by a specified date by the City when the completion of such improvements is found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. Such specified date, when required, shall be stated in the subdivision improvement agreement.
(3) Extensions. The completion date may be extended by the City Council for subdivision of five or more parcels and by the City Engineer for subdivision of four or less parcels upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement.
The subdivider shall enter into a subdivision improvement agreement extension with the City. For subdivisions of five or more parcels, the agreement shall be prepared and signed by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and transmitted to the City Council for their consideration. If approved by the City Council, the Mayor shall execute the agreement on behalf of the City.
In consideration of a subdivision improvement extension agreement, the following may be required:
(a) Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;
(b) Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;
(c) Increase of improvement securities in accordance with revised construction estimates;
(d) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.
The City Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.
The costs incurred by the City in processing the agreement shall be borne by the developer at actual cost. [Ord. 165 § 1, 1982; Ord. 60 § 1.811, 1968.]
16.25.120 Acceptance of improvements.
(1) Generally. When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the City for acceptance. Subdivisions of five or more parcels must be accepted by the City Council. The City Engineer or authorized representative shall be responsible for the acceptance of subdivisions of four or less parcels.
Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
(2) Notice of Completion. If the subdivision has been accepted by the City, the City Clerk shall cause to be filed with the County Recorder a notice of completion.
(3) Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public.
Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this title. [Ord. 165 § 1, 1982; Ord. 60 § 1.812, 1968.]