Colfax Municipal Code Ch. 16.48 Improvements

As a condition of the approval of a map, the subdivider shall install all public improvements required by the city approving body.

(Prior code § 9-1.1410)

An agreement shall be required when map recording occurs prior to completion of required improvements.

A. The agreement may provide for the improvements to be installed in units and it may provide for its termination in whole or in part upon a reversion to acreage of the subdivision or parts thereof.

B. The agreement may provide for the improvements to be installed at a time therein set forth.

(Prior code § 9-1.1415)

A. As a condition for the issuance of a permit or city approval of construction plans, the city may require the deposit of improvement security in sufficient amount deemed necessary by the city to assure faithful performance of the work in the event of default on the part of permittee or, in the case of a subdivision, where the permittee does not proceed with preparation and obtaining the approval of a final map. The security shall be in a form acceptable to the city and be in the amount or ten (10) percent of the cost of site improvements.

B. In the case of subdivisions, the improvement security shall remain in effect until final inspections have been made, all grading work and subdivision improvements have been accepted by the city. A ten (10) percent maintenance bond may be required for a twelve (12) month period for all public improvements.

C. For projects other than subdivisions, the improvements security shall remain in effect until final inspections have been made and all grading work has been accepted by the city.

D. Subdivision and site development improvements required by the city, but not completed prior to recording of the final map or parcel map or issuance of the certificate of occupancy, shall post security in the amount of one hundred ten (110) percent for performance and fifty (50) percent for labor and materials based upon the construction cost of improvements.

E. In addition to the improvement security, the city may also require the deposit of a ten (10) percent maintenance security in sufficient amount deemed necessary by him or her to guarantee and maintain the grading work to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. The maintenance security shall be in a form acceptable to the city and shall remain in effect for a period of one year after the date of acceptance of the improvements as designated in subsections B and C of this section.

F. Any deposit required by the city pursuant to this chapter shall be payable to the city.

G. Upon satisfaction of applicable provisions of this chapter, the improvement and maintenance security deposits will be released. However, upon failure to complete the work, failure to comply with all of the terms of the permit or failure of the completed site to function properly to provide property drainage or erosion and sedimentation control, the city may do the required work or cause it to be done and collect from the permittee or surety all costs incurred thereto, including administrative and inspection costs. Any unused portion of a deposit shall be refunded to the permittee after deduction by the city of the cost of the work.

H. Security may be posted in a form approvable by the city attorney which may include bonding, letter of credit or cash deposit. The city may elect to allow partial release of security upon partial completion of the improvements.

(Prior code § 9-1.1420)

A. Upon the satisfactory completion of all the improvements and other obligations under an agreement, the city shall accept and/or approve the work and discharge the faithful performance security, except for that portion of the security required for a one-year ten (10) percent guarantee and warranty of the work as authorized by the Subdivision Map Act of the state.

B. The labor and material security shall be released as authorized by the Subdivision Map Act of the state. If no outstanding liens exist at the termination of the six-month period, the security shall be released in full.

C. The city, at its option, from time to time, may accept and/or approve those portions of the improvements which have been satisfactorily completed and reduce the obligation of security accordingly.

(Prior code § 9-1.1425)