§ 120.16

As a condition precedent to the acceptance of any easements offered for dedication to the public and prior to the approval of the final map of a subdivision, the subdivider shall make or agree to make the following improvements:

A.

Street improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the design manual and this subpart. The final map of any subdivision shall not be approved until the street improvements have been provided or the subdivider has executed an agreement to provide the street improvements. In addition, the subdivision must connect to a County- or State-maintained highway of sufficient standards to accommodate the additional traffic flow resulting from the proposed subdivision.

B.

Drainage facilities shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements as set forth in the design manual and this subpart.

C.

Water supply and distribution system.

a.

When the tentative map of a subdivision indicates the proposed water supply for any subdivision lot is from a source not located upon the lot, the subdivider shall install or cause to be installed a water supply and distribution system as set forth in the design manual and this subpart.

b.

The final map of any such subdivision shall not be approved until the entity operating the water system has approved of the final construction plans and specifications and estimates of costs and has submitted a written certificate that it is willing to maintain and operate the water system on its completion.

D.

A water distribution system shall be installed with fire hydrants placed so that no point in any of the streets fronting on lots are farther than 250 feet from the nearest fire hydrant. See design manual for installation details, type and size of hydrant and minimum fire flows.

E.

When the tentative map of a subdivision indicates that the proposed means of sewage disposal for any lot is other than an approved septic disposal system located upon the lot, the subdivider shall install or cause to be installed the sewage collection and disposal system needed to serve all of the lots in accordance with the standards set forth in the design manual. The final map of any such subdivision shall not be approved until the final construction plans and specifications are submitted and a written certificate that a public agency is willing to maintain and operate the sewer system upon its completion.

F.

When the tentative map indicates that underground power and/or communication utility systems are to be provided, the subdivider shall install or cause to be installed such underground utilities in accordance with the standards set forth in the design manual. The final map of any such subdivision shall not be approved until the entity operating the underground power and/or communication utility system has:

1.

Approved final plans and specifications that show the work to be performed by the subdivider; and

2.

Submitted a letter to the Director of Transportation stating that the utility entity and subdivider have entered into an agreement that will provide the utilities service to the lot line of each lot in the subdivision.

G.

All other improvements as required by the advisory agency or the governing body shall be provided in accordance with the design manual.

H.

Improvement plans and specifications shall be prepared by a civil engineer registered in the State for all improvements required by this chapter, the design manual, Planning Commission or the Board of Supervisors in approving the tentative map. The plans and specifications must be submitted to the Director of Transportation for review and approval prior to the commencement of construction.

I.

When the tentative map indicates that underground power and/or communication utility systems are to be provided, the subdivider shall determine whether the subdivision is within the geographical area granted to a franchisee for the placement of a cable television system as authorized by Chapter 5.52. In the event the subdivision is within such a geographical area, the final map of any such subdivision shall not be approved until the subdivider submits a letter of agreement with each such franchisee that:

1.

Said franchisee's cable television system shall be installed in a common excavation with the underground power and/or communication utility systems within the subdivision to the extent such is to be provided to each residential parcel in the subdivision;

2.

Said franchisee is provided otherwise with an opportunity to install a cable television within the subdivision to each residential parcel in the subdivision, by provision by the subdivider of adequate open trenching and backfilling for such purposes or otherwise; or

3.

Said franchisee waives the opportunity to install a cable television system within the subdivision at the time the subdivider otherwise installs underground power and/or communication utility systems.

(Prior Code, § 9356; Code 1997, § 16.16.010; Ord. No. 3290, § 4, 1982; Ord. No. 3766, § 4, 1987; Ord. No. 3839, § 1, 1988; Ord. No. 5051, § 2, 4-18-2017)

The minimum parcel size for rural subdivisions will be two acres.

A.

Street improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the design manual. The final map of any subdivision shall not be approved until the street

improvements have been provided or the subdivider has executed an agreement to provide the street improvements.

B.

The final map shall contain an irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements to the extent required by this section. At the time it approves the final map, the Board of Supervisors shall accept, accept subject to improvement or reject the offer of dedication. Except when the Board of Supervisors determines that the public interest necessitates acceptance, the offer of dedication of streets and alleys will be rejected in rural subdivisions at the time the final map of the subdivision is approved. The subdivider shall provide, through covenants, conditions and restrictions running with the land and approved by the Board of Supervisors, for a homeowner's association or other entity which shall be responsible for maintenance of streets and alleys in the subdivision, such that the access will be maintained to all lots within the subdivision and setting forth any other duties or responsibilities of the homeowner's association or other entity. Acceptance, rejection and acceptance after rejection of offers of dedication shall be in accordance with Sections 120.12.100 and 120.12.110.

C.

Approved access on all rural subdivisions shall include a right-of-way, minimum width of 50 feet, and require the street serving the development to be connected to a County or State maintained highway of sufficient standards to accommodate the additional traffic flow resulting from the proposed subdivision or connection to an existing approved rural subdivision street of the same or better standard. If access is through another rural subdivision, written irrevocable authorization is required from the entity responsible for the maintenance of the access street or streets consenting to the connection and providing for the sharing of maintenance or improvement costs on the access street or streets with the entity requiring the access to the County- or State-maintained highway. Street encroachment permits from either the County or State must be obtained prior to construction.

D.

All signs within the subdivision shall conform to standards as set forth in the design manual and shall be maintained by the homeowner's association or other entity.

E.

Drainage facilities shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements as set forth in the design manual.

F.

When the tentative map of a subdivision indicates the proposed water supply for any subdivision lot is from a source not located upon the lot, the subdivider shall install or cause to be installed a water supply and distribution system as set forth in the design manual. The final map of any such subdivision shall not be approved until the entity operating the water system has approved the final construction plans, and specifications, and estimates of costs and has submitted a written certificate that it is willing to maintain and operate the water system on its completion.

G.

Where water distribution systems are available, fire hydrants shall be so placed that no point in any of the streets fronting on lots served by the system are farther than 500 feet from the nearest hydrant and in accordance with design manual specifications for accessibility, fire department connections or drafting provisions.

H.

All other improvements as required by the advisory agency or governing body shall be provided in accordance with the design manual.

I.

Improvement plans and specifications shall be prepared by a civil engineer registered in the State for all improvements required by this chapter, the design manual, the Planning Commission or the Board of Supervisors in approving the tentative map. The plans and specifications must be submitted to the Director of Planning and Building for review and approval.

J.

The civil engineer registered in the State retained by the developer shall inspect all work performed with the subdivision and shall file a certificate of completion on a form approved by the Director of Planning and Building with the County when all work has been done in conformation with required specifications and standards as specified in the design manual.

(Prior Code, § 9357; Code 1997, § 16.16.020; Ord. No. 3290, § 5, 1982; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.16.030. - Plan checking fees.

Prior to reviewing the improvement plans and specifications, the subdivider shall pay to the Department of Planning and Building a plan checking fee as established by resolution of the Board of Supervisors.

(Prior Code, § 9358; Code 1997, § 16.16.030; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.16.040. - Improvement agreement.

A.

At the time the final map of the subdivision is considered for approval, the subdivider shall submit an agreement to:

1.

Complete all the improvements required by Section 120.16.010 or 120.16.020 prior to the date fixed by the Director of Transportation for Class 1 subdivisions or the Director of Planning and Building for rural subdivisions and specified in the agreement; and

2.

To provide and cover the costs of related civil engineering services.

B.

The agreement to complete the improvements shall provide for the acceptance of the work as it progresses and for withdrawal of that portion of any security posted as required in Section 120.16.050 which is equal to 90 percent of the estimated cost of that portion of the work so accepted as shown by the certificate of the Director of Transportation for a Class 1 subdivision or a civil engineer registered in the State for a rural subdivision under the "Rules for Disposition of Subdivision Bonds and Deposits" established by resolution of the Board of Supervisors.

C.

The agreement shall also provide that the subdivider shall repair at his or her sole cost and expense any hidden defects in workmanship or materials which appear in the work within one year following acceptance of the work by the County and for retention for one year of ten percent of the estimated cost of all of the improvements required to secure the subdivider's obligation to repair the defects.

(Prior Code, § 9359; Code 1997, § 16.16.040; Ord. No. 3766, § 5, 1987; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.16.050. - Security to guarantee performance of the improvement agreement.

Security to guarantee the performance of the subdivision agreement required by Section 120.16.040 shall be as follows:

A.

There shall be security guaranteeing the performance of the subdivision agreement to make improvements which will be acceptable in any of the following forms within the discretion of the developer: a corporate surety bond issued by an authorized general surety company in a form approved by the County Counsel; or in lieu of such bond, the subdivider may submit a cash deposit or a letter of credit which also shall be approved by the County Counsel.

B.

In addition to the security required to guarantee performance of the agreement required by Subsection A of this section, there shall be an additional security required to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or improvements required by the subdivision agreement.

(Prior Code, § 9360; Code 1997, § 16.16.050; Ord. No. 3290, § 1, 1982)

Sec. 120.16.051. - Amount of security.

Security required by Section 120.16.050 shall be in the following amounts:

A.

The security required to guarantee performance of the agreement shall be in an amount equal to the estimated cost of all the improvements to be made under the agreement; and

B.

The security required to guarantee payments for labor and materials shall be in an amount equal to 50 percent of the estimated cost of the improvements.

(Code 1997, § 16.16.051; Ord. No. 3290, § 2, 1982)

Sec. 120.16.052. - Release of security.

The release of that security required by Section 120.16.050 shall be as determined by the "Rule for Disposition of Subdivision Bonds and Deposits" which shall be established by resolution of the County Board of Supervisors. Such rules shall provide that:

A.

The security guaranteeing performance of the subdivision agreement may be released up to an amount equal to 90 percent of the estimated cost of the improvement upon acceptance of the work. Ten percent of the amount of the security shall be retained by the County for a period of one year following the completion and acceptance of the work by the County as a guarantee against any defective work, labor done, or defective materials furnished.

B.

The security securing the payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may be released after six months following the completion and acceptance of the work required. The release shall be limited to an amount not less than the total of all claims on which any action has been filed and notice thereof given in writing to the Board of Supervisors, and if no such action has been filed the security may be released in full.

(Code 1997, § 16.16.052; Ord. No. 3290, § 3, 1982)

Sec. 120.16.060. - As-built plans.

A.

As a condition precedent to the acceptance of improvements for maintenance, the subdivider shall file with the Director of Transportation a 35 millimeter microfilm of the approved as-built plans.

B.

The microfilm must be submitted in a form adaptable to County microfilm equipment.

(Prior Code, § 9361; Code 1997, § 16.16.060; Ord. No. 3766, § 62, 1987; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.16.070. - Road improvement fee.

As a condition of approval of a final map, the subdivider shall offer proof of compliance with Chapters 12.28 and 12.32.

(Prior Code, § 9362; Code 1997, § 16.16.070)

Sec. 120.16.080. - Reimbursement agreements.

A.

In the event a condition is imposed pursuant to the provisions of this Code that requires improvements installed by a subdivider for the benefit of the subdivision which contain supplemental size, capacity, number or length for the benefit of property not within the subdivision, and those improvements are to be dedicated to the public, the County and the subdivider may enter into an agreement to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.

B.

In order to pay the costs as required by the reimbursement agreement executed pursuant to this section, the County may:

Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

2.

Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest therein, if any, paid to the subdivider.

3.

Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefitted.

C.

Any agreement entered into pursuant to this section shall be recommended by the Director of Transportation, signed by the subdivider and approved by the Board of Supervisors.

(Code 1997, § 16.16.080; Ord. No. 407, § 1, 1989; Ord. No. 5051, § 2, 4-18-2017)