Fresno County Municipal Code Ch. 17.56 Fees, Bonds and Deposits

The board of supervisors shall establish by resolution a schedule of fees for filing tentative maps, final maps and revision to acreage maps. Such fees shall be paid at the time of filing the map. No refund of filing fees shall be made for any map or portion thereof deleted, withdrawn or abandoned.

(Ord. 510-A15-a7, § 7, 1979; Ord. 409.90, § 1, 1973; prior code, § 700.900)

A. The subdivider shall pay a fee for checking the improvement plans and inspecting all proposed improvements controlled by the county prior to the submission of the final map to the board of supervisors to be determined as follows:

1. Six percent on the first seventy thousand dollars of the estimated cost of improvement;

2. Three and one-half percent an the next four hundred thirty thousand dollars;

3. Two percent on the next five hundred thousand dollars;

4. One percent on all costs over one million dollars.

B. The fees established by this section shall be based on reasonable improvement cost estimates made by the director of public works. No adjustment in or refund of such fees shall be made once the fees have been paid; except when a final map is withdrawn, or a reversion to acreage map is recorded, the unexpended portion of the required fee may be refunded upon written request made by the subdivider to the board.

C. The board may retain qualified consulting engineers for the performance of any part of the inspection services. The fee for inspection services for any given subdivision shall be determined by mutual agreement.

D. In the event the board permits the required improvements to be financed by a proceedings under an appropriate special assessment act as provided for in Section 11611(b) of the Subdivision Map Act, the fees required by this section may be included as an incidental expense of such proceedings. The subdivider shall be refunded the amount of the fees required by this section to the extent that moneys for the inspection of improvement construction are available in the moneys provided by the special assessment act proceedings.

(Ord. 520-A-15-a3 § 1, 1976; prior code, § 700.901)

The following fees, as provided by Section 27372 of the Government Code, shall be paid to the county clerk-recorder to defray the costs of recording of any final map or map of record:

A. For the first page, a fee of five dollars;

B. For each page after the first, a fee of two dollars per page.

(Prior code, § 700.902)

The agreements referred to in Sections 17.32.020C9, 17.32.070A2 and 17.48.400 through 17.48.450 shall be accompanied by the security to guarantee performance as follows:

A. Improvement security equal in the amount of the estimated cost of all required work to secure the performance of all work as indicated in the agreement, plus an additional ten percent of the original estimated cost to cover any changes or alterations that become necessary during the performance of the work;

B. Improvement security in the amount of fifty percent of the estimated cost of all required work to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for such improvements;

C. Improvement security to secure the maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, for electrical and mechanical equipment required for water supply and distribution systems and sewerage collection and treatment facilities. Said security shall not exceed an amount equal to twenty-five percent of the estimated cost of furnishing and installing said facilities. This security shall be in addition to any warranty required of the manufactures of said electrical and mechanical equipment;

D. Improvement security to secure the maintenance of a public or private road for a period of two years, one year for developments below six-hundred-foot elevation, after the acceptance thereof against any defective work or labor done or defective material furnished in the construction of the private road which security shall be in the following amount:

1. First year: thirty percent of the first three hundred thousand dollars of estimated construction cost (ten thousand dollars minimum) plus twenty percent of the amount over three hundred thousand dollars.

2. Second year: upon completion of the corrections of failures, security may be reduced to fifty percent of the first year amount.

E. Security acceptable to the director in the amount equal to the estimated cost of placing all monuments and lot corners not set at the time the final map is filed as specified in Section 17.44.040;

F. In addition to any security required under this section, the developer shall pay all costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the county in successfully enforcing the obligation secured.

(Ord. 88-024, § 5; Ord. 50-A-14 § 44, 1975; prior code, § 700.903)

All tax bonds and bonds for special assessments furnished under authority of the Subdivision Map Act and all faithful performance bonds, referred to in Chapters 17.04 - 17.60 shall be furnished by a surety company authorized to write the same in the state and shall be subject to approval and acceptance by the county counsel.

(Prior code, § 700.904)

In lieu of any faithful performance bond required by Chapters 17.04 - 17.60, the subdivider may deposit with the board, or deposit in an irrevocable escrow with a bank, savings and loan association or title company, a sum of money or negotiable bonds equal to the required amount of such bond of security for the faithful performance thereof. This may released by the county in accordance with board policy.

(Prior code, § 700.905)

In lieu of any faithful performance bond required by Chapters 17.04 through 17.56, the subdivider may provide a security interest in real property to secure the faithful performance of the improvements or work to be performed, subject to the following terms and conditions:

A. A "security interest in real property" includes, but is not limited to, a first deed of trust. From the time of recordation of the written contract or document creating the security interest, a lien shall attach to the real property described therein and shall have the priority of a judgment lien in an amount necessary to complete the improvements being secured.

B. A security interest in real property will be accepted as security only for those improvements which do not provide the delivery of facilities essential to the occupancy of lots. An example of a permissible use of an interest in real property as security is the under-grounding of utilities.

C. A security interest may be offered only on real property located in either the incorporated or unincorporated territory of Fresno County.

D. Before the county accepts a security interest in real property, the subdivider shall provide to the director an appraisal of the property to be offered as security. The appraisal shall be based on the present land use of the property. The appraisal shall be performed by a member of the appraisal institute within thirty days of its submittal to the director.

E. Before the county accepts a security interest in real property, the subdivider shall provide to the director a title report prepared by a title company showing that the property is not encumbered by any deeds of trusts, liens, or any other encumbrances whatsoever, that would be superior to the security interest provided to the county. The decision of whether the property is satisfactorily unencumbered is within the sole discretion of the director.

F. The appraised value of the property shall be at least two times greater than the value of the security required. The appraisal shall include a discussion of marketability.

G. All costs associated with the appraisal, the title report, and the preparation and recording of other documents required shall be paid by the subdivider.

H. The decision to accept a security interest in real property is within the sole discretion of the director, who may reject the security interest in real property for any reason whatsoever.

I. This section may apply to subdivisions approved prior to the effective date of the ordinance codified in this section.

(Ord. 90-025, § 2)

If the subdivider fails to complete the improvements in the time specified or an extension thereof, the board may take appropriate legal action against the subdivider and his bond with or without first causing such improvements to be completed. In the event of a cash deposit in lieu of a bond to secure the improvement agreement, the board may, at its option, cause the improvement to be completed and retain the cost thereof out of the deposit. In the event the deposit is sufficient to pay the full cost of the improvement, the subdivider shall be liable for any balance.

(Prior code, § 700.906)

It shall be the duty of the director of public works to inspect all improvements installed and monuments set as to their compliance with Chapters 17.04 - 17.60 and county standards. No sum of money or bonds given for faithful performance of such work shall be exonerated from the agreement referred to herein until and unless the director of public works certifies compliance thereto.

(Prior code, § 700.907)