Cupertino Municipal Code Art. XII Completion of Improvements

A. The subdivision improvements shall be completed by the developer within eighteen months, or such time as approved by the City Engineer, not to exceed a period of twenty-four months, from the recording of the final map, unless an extension is granted by the City Council.

B. 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.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. 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.

B. The completion of the improvements may be required by a specified date by the City when the completion of such improvements are 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.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The completion date may be extended by the City Council for subdivisions of five or more parcels and by the City Engineer for subdivisions 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 thirty days prior to expiration of the subdivision improvement agreement.

B. 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.

C. In consideration of a subdivision improvement extension agreement, the following may be required:

1. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

2. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

3. Increase of improvement securities in accordance with revised construction estimates;

4. Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

D. 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

E. The costs incurred by the City in processing the agreement shall be borne by the developer at actual cost.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)