Hanford Municipal Code Ch. 16.24 Improvements

The subdivider shall construct all required improvements, both on and off the site, according to approved standards or deviations thereto as may be approved by the city engineer.

No final map shall be presented to the council or parcel map to the city engineer for approval until the subdivider either completes the required improvements or enters into an agreement with the city agreeing to do such work and delivers to the city such improvement security as is acceptable to the city.

(Prior code § 9-3.601)

A. General. All improvements as may be required as conditions of the approval of the tentative map, vesting tentative map, or by the city municipal code, including but not limited to, the improvements required by this section. Improvements on the parcel frontage may be waived by the city engineer for any subdivision if all the following are met: (1) if the parcel created is five acres or larger; and (2) if no development is proposed on said parcel; and (3) if improvement of the parcel is not necessary for public health and safety nor a necessary prerequisite to the orderly development of the surrounding area. However, no further development of the parcel may occur unless a certificate of compliance is granted, and the conditions of the certificate of compliance are complied with or otherwise satisfied to the approval of the city. If the project is subject to further city review in order to develop, that review process, when completed, shall satisfy the requirement for a certificate of compliance.

B. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches, and transitions.

Back-up developments onto arterial and collector streets which have been approved shall comply with the landscaping, walls/fences, and other design items formally adopted by the council.

C. Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for the ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties which would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

D. Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.

E. Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

F. Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities.

G. Underground Utilities. All utilities within the subdivision shall be placed underground, except those facilities exempted by public utilities commission regulations. Undergrounding shall be required for overhead lines within the subdivision boundaries.

(Prior code § 9-3.602)

Subdivisions of Four or Less Parcels. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the city engineer. Deferral will be allowed when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at such time in the future as required by the city. The agreement shall provide:

A. That the construction of the improvements shall commence within 90 days after the receipt of the notice to proceed from the city;

B. That, in the event of default by the owner, successors or assigns, the city is authorized to cause such construction to be done and charge the entire cost and expense to the owner, successors or assigns, including interest from the date of the notice of such cost and expense until paid;

C. That certificates of deferment shall be placed on the parcel map as provided in Section 66411.1 of the Subdivision Map Act, and that such agreement shall be recorded in the office of the county recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and that the same is a lien in an amount to fully reimburse the city, including interest as set forth in subdivision A(2) of this subsection, subject to foreclosure in the event of default in payment;

D. That in the event of litigation occasioned by any default of the owner, successors or assigns, the owner and his successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and that such costs shall become a part of the lien against the real property; and

E. That the term "owner" includes not only the present owner but also heirs, successors, executors, administrators and assigns, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable provisions of this code in effect at the time of construction.

F. In the absence of an agreement, the city may require the fulfillment of the construction requirements within a reasonable time following the approval of the map upon a finding that the fulfillment of the construction requirements is necessary for reasons of:

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(Prior code § 9-3.603)

The design and layout of all required improvements, both on and off the site, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the city engineer.

(Prior code § 9-3.604)

The subdivision shall abut upon or have an approved access to a public street.

Each unit or lot within the subdivision shall have an approved access to a public or private street.

The street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

Reserve strips, or nonaccess at the end of streets or at the boundaries or subdivisions, shall be dedicated unconditionally to the city when required.

(Prior code § 9-3.605)

A. General. Improvement plans shall be prepared under the direction of, and signed by, a registered civil engineer licensed by the state.

Improvement plans shall include, but not be limited to, grading, storm drains, water mains, sewer mains, landscaping, streets and related facilities.

It is the intent of the construction improvement plans to provide, but not be limited to, and the contractor to complete the requirements outlined in the plans as follows:

1. Underground Utilities. All underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed in accordance with the standard specifications prior to the surfacing of such street, service road, alley or highway. Service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

2. Streets and Highways. All streets and highways shall be graded and surfaced to cross sections and grades approved by the city engineer. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intercepting paving line of any county road, city street or state highway.

3. Structures. Structures shall be installed as required for drainage, access and/or public safety. Such structures shall be placed to grades and shall be of a design approved by the city engineer.

4. Sidewalks, Curbs, Gutters and Driveway Approaches. Curbs, gutters, sidewalks and driveway approaches shall be installed to grades approved by the city engineer.

5. Sanitary Sewers. Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, locations, design and size approved by the city engineer. No septic tanks or cesspools shall be permitted.

6. Stormwater Sewers. Stormwater sewers shall be installed as required by the city engineer.

7. Water Mains and Fire Hydrants. Water mains and fire hydrants of the design and layout and in locations approved by the city engineer and the fire chief shall be installed by the subdivider. Connections to the water system serving the city shall be installed in accordance with the policy adopted by the council.

8. Street Trees. Street trees may be required by the commission and shall be of a type approved by the city and shall be planted at a time and in locations approved by the city engineer, all in general accordance with the requirements of this code.

9. Street Signs and Access Barricades. Street signs of a type approved by the city shall be installed by the subdivider in locations approved by the parking and traffic director or, at the subdivider's option, shall be installed by the city at the expense of the subdivider. Any required barricades to prevent traffic access at dead-end streets shall be provided by the subdivider in accordance with the standard specifications.

10. Street Lights. Ornamental street lights shall be installed by the subdivider at locations designated by the parking and traffic director in accordance with the standard specifications.

11. Railroad Crossings. Provisions shall be made for any and all railroad crossings necessary to provide access to, or circulation with, the proposed subdivision, including the preparation of all documents necessary for an application to the public utilities commission of the state for the establishment and improvement of such crossings. No cost of such railroad crossing improvements shall be borne by the city.

12. Monuments. Permanent monuments constructed in accordance with the standard specifications shall be set at all angle and curve points on the exterior boundaries of the subdivision, at all street intersections, at all angle points of the street lines, and at all curve points, both simple and compound, of street lines. Monuments in street intersections and at angle and curve points of street lines shall be set on street center lines, unless otherwise directed by the city engineer; provided, however, such permanent monuments need not be set at angle and curve points on the exterior boundaries of the subdivision when such points have been previously monumented and accepted by the city.

13. Lot Markers. The engineer or surveyor shall set at all lot corners a marker in accordance with the standard specifications not less substantial and enduring than a two inch by two inch by 12 inch redwood stake, or a three-fourths inch pipe 18 inches long with a noncorroding material registered engineer's or licensed land surveyor marker on the head thereof.

14. Replacement of Monuments. Any monument, as required by the provisions of this title, which is disturbed or destroyed before the acceptance of all improvements shall be replaced by the subdivider.

15. Setting of Monuments. Monuments shall be set before the acceptance of the improvements by the council, unless an exception is recommended by the city engineer and approved by the council.

16. Cost of Improvements. All the improvements necessary to conform the proposed subdivision to the standards and policies of the city existing at the time of filing the tentative map shall be installed at the cost of the subdivider.

B. Form. Plans, profiles and details shall be legibly drawn, printed, or reproduced on 23 inch by 36 inch sheets. A border shall be made on each sheet providing one-half inch at the top, bottom, and right side and a minimum of one and one-half inch on the left side.

A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the city engineer and for the approval of plan revisions.

Plans and profiles shall be drawn to the scale of one inch equals 40 feet or larger, unless otherwise approved by the city engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

A vicinity map shall be shown on the first sheet of all sets of plans.

A north arrow shall be shown on each sheet when applicable.

Plans shall be laid out to orient north to the top or right edge of the sheet, unless otherwise approved by the city engineer.

All lettering shall be one-twelfth inch minimum.

If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

The form of all plans shall conform to additional requirements as may be established by the city engineer. The final form of all plans shall be approved by the city engineer.

C. Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private, including common areas.

Reference may be made to city or state standard plans in lieu of duplicating the drawings.

D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required shall be submitted with the improvement plans to the city engineer. All calculations shall be legible and systematic and signed, stamped, and dated by a registered civil engineer licensed by the state and in a form approved by the city engineer.

E. Review by the City Engineer. The subdivider shall submit the improvement plans and all computations to the city engineer for review. Upon the completion of the review, one set of the preliminary plans, with the required revisions indicated, will be returned to the subdivider's engineer.

F. Approval by the City Engineer. After completing all required revisions the subdivider's engineer shall transmit the originals and two copies of the improvement plans to the city engineer for signature.

Upon finding that all required revisions have been made and that the plans conform to all applicable city laws, design review requirements, and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer. The sub-divider's engineer shall submit four sets of the signed plans to the city engineer prior to beginning construction.

Approval by the city engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements or for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.

G. Revisions to Approved Plans.

1. By Subdividers. Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the city engineer's office for initialing. The originals shall be returned to the subdivider's engineer, and four sets of the revised plans shall be immediately transmitted to the city engineer. The construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the city's engineering inspection division.

2. By the City Engineer. When revisions are deemed necessary by the city engineer to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals to the city engineer for initialing within the time specified by the city engineer.

Upon the receipt of the initialed originals, the subdivider's engineer shall immediately transmit four copies of the revised drawings to the city engineer. The construction of all or any portion of the improvements may be stopped by the city engineer until revised drawings have been submitted.

The subdivider may appeal revisions required by the city engineer to the council by filing an appeal with the city clerk within ten working days following the receipt of the request to revise the plans.

3. Plan-Checking and Inspection Costs For Revisions. Costs incurred by the city for the checking of plans or calculations or inspections as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints and be applied toward the actual costs.

(Prior code § 9-3.606)

Improvement agreements shall be prepared and signed by the city engineer and be approved as to form by the city attorney. Such agreements shall provide for:

A. The construction of all improvements according to the approved plans and specifications on file with the city engineer;

B. The completion of improvements within the time specified by Section 16.24.110;

C. The right of the city to modify plans and specifications;

D. A warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;

E. The payment of inspection fees in accordance with the city's resolution establishing fees and charges;

F. The payment of drainage district or area fees;

G. Improvement security as required by this chapter;

H. The maintenance and repair of any defects or failures and causes thereof;

I. The release of the city from all liability incurred by the development and the payment of all reasonable attorney's fees which the city may incur because of any legal action arising from the development; and

J. Any other deposits, fees or conditions as required by city ordinance or resolution and as may be required by the city engineer.

(Prior code § 9-3.607)

A. General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Subdivision Map Act and as provided in this section.

No final map or parcel map shall be signed by the city engineer or recorded until all the improvement securities required by this section have been received and approved.

B. Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the city:

1. A bond or bonds by one or more duly authorized corporate sureties;

2. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government in pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such financial institution;

4. A lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interests to require the installation of the required improvement sooner than two years after the recordation of the map; or

5. Any form of security, including security interests in real property, which is acceptable to the local agency and specified by ordinance thereof.

The provisions of such bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

C. Amount of Security. A performance bond or security in the amount of 100% of the estimated construction cost to guarantee the construction or installation of all improvements shall be required for all subdivisions. An additional amount of 50% of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

The estimate of improvement costs shall be as approved by the city engineer and shall provide for:

1. Not less than five percent nor more than ten percent of the total construction cost for contingencies;

2. Increases for projected inflation computed to the estimated mid-point of construction;

3. All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to insure installations; and

4. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.

D. Warranty Security. Upon the acceptance of the subdivision improvements by the city, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than ten percent of the cost of the construction of the improvements and shall be retained for the one-year warranty period.

E. Reduction in Performance Security. The city engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon an application by the subdivider, but in no case shall the security be reduced to less than ten percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the city engineer; however, in no event shall the city engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this chapter, the Subdivision Map Act, or the improvement agreement.

F. Release of Improvement Securities.

1. Performance Security. The performance security shall be released only upon the acceptance of the improvements and recording of the notice of completion by the city and when an approved warranty security has been filed with the city engineer. If warranty security is not submitted, performance security shall be released 12 months after the acceptance of the improvements and correction of all warranty deficiencies.

2. Material and Labor Security. Forty-five days after completion and acceptance of the improvements and recording of the notice of completion by the city council, the security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may be reduced to an amount equal to the amount of all claims filed with the City. The balance of the security shall be released upon settlement of all such claims and obligations for which the security was given.

3. Warranty Security. The warranty security shall be released upon the satisfactory completion of the warranty period provided:

a. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected, and

b. Not less than 12 months have elapsed since the acceptance of the improvements and recording of the notice of completion by the council.

(Prior code § 9-3.608)

The construction methods and materials for all improvements shall conform to the standard plans and specifications of the city. The general provisions of the city's standard specifications shall apply to the subdivider where applicable.

Construction shall not commence until required improvement plans have been approved by the city engineer and all payments of construction fees have been received by the city.

(Prior code § 9-3.609)

A. General. All improvements shall be subject to inspection by the city engineer or authorized personnel in accordance with the city's standard specifications.

B. Preconstruction Conferences. Prior to commencing any construction, the subdivider shall arrange for a preconstruction conference with the engineering division of the public works department.

C. Final Inspections and Deficiency Lists. Upon the completion of the subdivision improvements, the developer shall apply in writing to the construction inspector for a preliminary final inspection. The construction inspector or authorized representative shall schedule a preliminary final inspection.

A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be baited and rescheduled on a date as determined by the construction inspector or authorized representative.

When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction.

Upon having completed all corrections or additional work as set forth in the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The construction inspector or authorized representative shall then make a final inspection.

Upon finding that all the items on the deficiency list have been corrected and the receipt of as-built improvement plans, the subdivision shall be placed on the council agenda for acceptance.

The completion of the corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list which may be subsequently discovered.

(Prior code § 9-3.610)

A. Subdivisions of Five or More Parcels. The subdivision improvements shall be completed by the subdivider within 24 months, or such time as approved by the city engineer, not to exceed a period of 36 months, after the recording of the final map, unless an extension is granted by the council. The improvements shall be completed prior to the final building inspection or occupancy of any unit within the subdivision.

Should the subdivider fail to complete the improvements within the specified time, the city, by resolution of the council and at its option, may cause any or all uncompleted improvements to be completed, and the parties executing the improvement security shall be firmly bound for the payment of all necessary costs.

B. Subdivisions of Four or Less Parcels. The 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. The completion of the improvements may be required by a specified date by the city when the completion of such improvements is found to be necessary for the 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. The specified date, when required, shall be stated in the subdivision improvement agreement. The improvements shall be completed prior to the final building inspection or occupancy of any unit within the subdivision.

C. Extensions. The completion date may be extended by the council for subdivisions of five or more parcels and by the city engineer for subdivisions of four or less parcels upon a written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to the expiration of the subdivision improvement agreement.

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 the issue of the improvement securities, and transmitted to the council for its consideration. If approved by the council, the mayor shall execute the agreement on behalf of the city.

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

1. The 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. The increase of improvement securities in accordance with revised construction estimates; and

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

(Prior code § 9-3.611)

A. General. When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the city for acceptance. Subdivisions of five or more parcels shall be accepted by the council. The city engineer or authorized representative shall be responsible for the acceptance of subdivisions of four or less parcels.

B. Notices of Completion. If the subdivision has been accepted by the city, the city clerk shall cause to be filed with the county recorder a notice of completion.

C. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the city may consider the acceptance of a portion of the improvements as recommended by the city engineer. The improvements will be accepted by the city only if it finds that it is in the public interests and such improvements are for the use of the general public.

The acceptance of a portion of the improvements shall not relieve the subdivider from any other requirement imposed by this chapter.

(Prior code § 9-3.612)