Division 2 — SUPPLEMENTARY DOCUMENTS

The final map or parcel map shall be accompanied by the documents designated in subsections 31-11.15 through 3111.20, which shall be approved by proper authorities before the final map or parcel map is approved. A soil report conforming to the requirements of subsection 31-11.23 may be required by the advisory agency as a condition of approval of the tentative map for a subdivision of four (4) lots or less.

A subdivision agreement shall be executed by the subdivider or his agent guaranteeing the completion of construction of improvements required by the Danville Municipal Code and reviewed plans within a specified time, and payment therefor. The subdivision agreement shall guarantee that all street and storm drain improvements and equipment deemed necessary for the use of such subdivision or the proper drainage thereof and including, but not limited to, street surfacing, sidewalk, curbs, culverts, bridges, and storm drains shall be free from defects of material or workmanship and shall perform satisfactorily for a period of at least one (1) year from and after the Town Council declares such improvements are complete.

The subdivider shall agree to repair any defect in any such improvement and to replace any defective improvement which cannot be repaired and which occurs within the one (1) year period, at his own expense.

The one (1) year guarantee period shall not apply to the improvement of a private road, which is to remain a private road.

a. A combination of cash plus additional security shall be posted with the Town guaranteeing performance of all work, and repair of any defect in the improvements which occur within one (1) year of the acceptance of the work as complete, as set forth in the Subdivision Agreement. The cash deposit shall be equal to one (1%) percent of the cost of construction of the improvements as estimated by the City Engineer, but not less than five thousand ($5,000.00) dollars. The additional security shall be equal to the remaining ninety nine (99%) percent of the estimated cost of construction and shall be in the form of a cash deposit or acceptable surety bond or acceptable instrument of credit. When there are no public improvements involved and the total cost of the private road improvements is less than five thousand ($5,000.00) dollars, the agreement shall be secured by a cash deposit in the full amount of the estimated cost.

Upon acceptance of the work as complete by the Town Council, the subdivider may substitute a new acceptable security guaranteeing the repair of any defective work for the one (1) year period and the performance security shall then be released. The new security shall include the cash deposit described above and shall be not less than the cash deposit or fifteen (15%) percent of the estimated cost of the construction of the improvements, whichever amount is greater, and shall be retained for the one (1) year guarantee period. If the subdivider does not substitute a new acceptable security for the one (1) year guarantee period, the performance security shall be retained.

Upon expiration of the one (1) year guarantee period, and upon notification by the appropriate Town department responsible for certifying compliance, the City Clerk shall release all securities posted guaranteeing the improvements. b. Payment Security . Security in the form of a cash deposit or acceptable surety bond or acceptable instrument of credit, equivalent to fifty (50%) percent of the estimated cost of the improvement or the performance of the required act, shall be required to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

Ninety (90) days after the acceptance of the work as complete, the payment security may be reduced by the City Clerk, to an amount not less than the total of all claims on which an action has been filed and if no such actions have been filed, the security may be released in full.

(Ord. #91-20, §1)

Security in the form of cash deposit, acceptable surety bond, or acceptable instrument of credit equivalent to fifty (50%) percent of the estimated cost of the improvement or the performance of the required act, shall be required to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act. Six (6) months after the acceptance of the work as complete, the payment security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the legislative body; and if no such actions have been filed, the security may be released in full.

Evidence of cash payment of all fees required for the checking and filing of maps, review of the improvement plans, inspection of the construction, park dedication fees, road, bridge or storm drainage improvement area fees, fire hydrant rental fees and lighting fees shall be required.

Easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map or parcel map shall be deeded. Written evidence acceptable to the Town in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility shall be required.

Agreements, acceptable to the Town, executed by all owners of all utility and other easements within proposed rights-of-way, consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be required by the Town for the public use and convenience of the road, shall be required.

In addition to those documents specified in subsections 31-11.14 through 31-11.20, the final map shall be accompanied by the documents designated in subsections 31-11.22 and 31-11.23, which shall be approved by appropriate authorities before the final map is approved.

A letter from the Tax Collector showing that all payable taxes and special assessments have been paid and giving his estimate of taxes and assessments not yet payable and, as applicable, an acceptable surety bond or acceptable instrument of credit for their payment (where required by Government Code Section 66492) shall be filed with the City Clerk.

31-11.23 Soil Report.

a. Two (2) copies of a preliminary soil investigation report to the Building Department shall be required unless waived because the Building Department has determined that, due to the knowledge it has of the soil qualities within the subdivision, no preliminary analysis is necessary.

b. The report shall indicate the presence of any critically expansive soils or any other soil problems which, if not corrected, may lead to defects in structures, buildings or other improvements. If the report indicates such soil problems, it shall further report on an investigation of each lot of the subdivision, including recommended corrective action which is likely to prevent structural damage to each building, structure, or improvement to be constructed.

c. It shall also report on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channel; recommendations for construction procedures to obtain required stability; maximum design velocities for any natural or artificial drainage channel; and any other geologic features, slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the subdivision.

d. The “preliminary soil report” shall be prepared on eight and one-half by eleven (8 1/2" x 11") inch paper of durable quality and any map or document which accompanies the report shall be of a convenient size and scale to fold to eight and one-half by eleven (8 1/2" x 11") inches.

e. If the City Engineer, or his designated representative, determines that the report is complete and that the recommended action and procedures contained in the report are likely to prevent structural damage to buildings, structures or improvements to be constructed within the subdivision, he shall approve the report and shall certify on the final map or parcel map that a preliminary soil investigation report has been prepared, together with the date of the report and the name of the soil engineer preparing the report and shall state that the report has been approved and is on file in the Building Department. The recommended actions and procedures contained in the report shall become a condition of approval and shall be incorporated in the development of the subdivision.