Hidden Hills Municipal Code Art. J Fees, Deposits and Bonds

Whenever a drainage, water or sanitary sewer plan has been adopted for a particular drainage and such plan contains an estimate of the total cost of constructing the backbone and off-site drainage, water or sanitary sewer facilities required by the plan, including a map of such area showing its boundaries and location of such facilities, the Planning Agency may require the payment of fees or, from time to time, adopt a schedule of such fees, for the purpose of defraying the actual or estimated cost of constructing planned backbone and off-site water, drainage and sewer facilities which benefit the area being subdivided.

(Ord. 195, 7-6-87; 1994 Code)

A. If the General Plan or another plan adopted by the City identifies bridge crossings or major thoroughfares necessary to provide access or service to all or part of the City, the Planning Agency may require a subdivider to pay a fee as a condition of the approval of a map, or as a condition of the issuance of a building permit pursuant to a map, to defray the actual or estimated cost of constructing those bridge crossings or major thoroughfares. However, before any such condition is imposed on any subdivider, the Planning Agency shall conduct a noticed public hearing in accordance with the Subdivision Map Act for each area to be benefited by such a bridge crossing or major thoroughfare.

B. At such public hearing, the boundaries of the area benefited, the cost, whether actual or estimated, and a fair method of allocation of the costs to the area of benefit and fee apportionment shall be established. The payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. Payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

C. If protests are not filed prior to the conclusion of the public hearing with the City Clerk by owners of more than one-half of the area of the property to be benefited by the improvement and if sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed procedure shall be abandoned, and the Planning Agency shall not, for one year from the filing of written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this Section. Consideration other than the payment of fees may be accepted.

(Ord. 195, 7-6-87; 1994 Code)

A. The Planning Agency may require the payment of a fee as a condition of approval of a subdivision requiring a final or parcel map or as a condition of issuing a building permit to an area of benefit under a ground water recharge facility plan for the purpose of constructing recharge facilities for the replenishment of the underground water supply in such area of benefit; provided, before any ground water recharge facility plan is adopted, a public hearing will be conducted by the Planning Agency for the proposed area of benefit and, if approved, the ground water recharge facilities plan shall be established at such public hearing.

B. If, prior to the conclusion of such hearing, there is written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefited by the improvement and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of the property to be benefited, then the proposed proceedings shall be abandoned, and the Planning Agency shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this Article. Consideration in lieu of the payment of fees may be accepted.

(Ord. 195, 7-6-87; 1994 Code)

A. Filing Fee: Upon submission of an application for a tentative map, lot line adjustment, parcel combination reversion to acreage or waiver of parcel map, the subdivider shall pay a tentative map filing fee, as established by resolution of the City Council.

B. Additional Lots: If additional lots are added to a tentative map prior to approval by the Planning Agency, the subdivider shall pay a fee for the additional lots, in accordance with the fee requirements for a tentative map.

C. Revised Map Filing Fee: If the subdivider submits a request for a minor modification or a revised tentative map subsequent to the approval of a tentative map as a substitute for the approved tentative map, he shall pay a revised map filing fee, as established by resolution of the City Council.

(Ord. 195, 7-6-87; 1994 Code)

A. Filing Fee and Deposit: Upon the submission of a final map, parcel map or certificate of compliance, the subdivider shall deposit with the Building Official a sum of money established by City Council resolution for filing the map or recording the certificate, which money shall be deposited in a trust fund for that purpose until the map is filed or the certificate recorded. If the subdivider abandons his intention to cause the map to be filed or the certificate recorded and so notifies the Building Official, in writing, the unspent portion of the deposit shall be returned to the subdivider.

B. Tract Map Checking Fee: Upon submission of a tract map for checking, the subdivider shall pay to the Building Official a map checking fee, as established by resolution of the City Council, in addition to all other fees and charges required by law.

C. Parcel Map Checking Fee: Upon submission of a parcel map for checking, the subdivider shall pay to the Building Official a map checking fee, as established by resolution of the City Council, in addition to all other fees and charges required by law.

D. Certificate of Compliance Fee: Upon submission of request for a certificate of compliance for processing and checking, the applicant shall pay to the Building Official a certificate of compliance filing fee, as established by resolution of the City Council, in addition to all other fees and charges required by law.

(Ord. 195, 7-6-87; 1994 Code)

A subdivider shall pay to the City a fee equal to the cost of checking the improvement plans. Upon submission of plans to the City, the subdivider shall deposit an amount estimated by the appropriate City officer to be adequate to cover the cost of checking the plans. If, at any time subsequent to making the deposit, the actual funds expended exceed the amount of the deposit, the subdivider shall make an additional payment equal to the deficiency. Excess deposits, if any, shall be returned to the subdivider after completion of plan checking.

(Ord. 195, 7-6-87)

The subdivider, prior to the filing of the final map, shall deposit with the City Clerk a road sign fee, as established by resolution of the City Council, for the construction of a road sign at each intersection of the new subdivision of the type and style used within the City.

(Ord. 195, 7-6-87)

A. Deposit Required: Before commencing construction or installation of a required improvement, the subdivider shall deposit with the City, for the inspection of such improvements, a sum estimated by the appropriate City officer to be adequate to cover the actual cost of inspection.

B. Insufficient Deposit: If a deposit made pursuant to subsection A above is insufficient to pay all of the costs of inspection, the subdivider, upon demand of the City, shall pay to the City an amount equal to the deficiency. Until such deficiency is paid in full, the improvements for which the insufficient deposit was made shall be considered uncompleted.

C. Refunds: If the actual cost of inspection is less than the amount deposited, the City shall refund to the applicant any amount still remaining.

(Ord. 195, 7-6-87)

Except as provided in subsection A. hereof, the improvement agreement required by Article H of this Chapter shall be secured by an improvement security.

A. Water Mains: If a subdivider shows that, to the satisfaction of the Building Official, he has entered into a contract with a water utility to construct water mains, which contract makes the City a party thereto and provides that the contract may not be modified or rescinded without the consent of the City, except as required by the Public Utilities Commission, and has deposited with the water utility security for the payment of the water utility which the Building Official finds adequate, the subdivider need not accompany an agreement to install water mains with an improvement security, except for the security required by subsection B2 of this Section.

B. Amount and Purpose: An improvement security shall be for the following amounts:

1. An amount estimated by the inspecting officer to be equal to the cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work plus an amount estimated by the inspecting officer to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

2. An amount estimated by the inspection officer to be equal to 50 percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.

C. Bonds and Deposits: Improvement securities shall be, at the option of the City:

1. A bond or bonds issued by a surety company authorized to write the same in the State.

2. A deposit with the City of cash, negotiable bonds, letters of credit, savings and loan certificates or shares assigned to the City or such other security as is authorized by the Subdivision Map Act. [13]

D. Approval and Acceptance: Each improvement security shall be subject to approval and acceptance by the Planning Agency.

E. Reduction:

1. When a portion of an improvement has been fully completed, the inspecting officer may, in his discretion, recommend a reduction in an improvement security given for faithful performance equal to the estimated cost of the completed portion of the improvement.

2. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by amount corresponding to the amount of such bonds so furnished by the contractor.

F. Forfeiture on Failure to Complete: Upon the failure of a subdivider to complete an improvement within the time specified in an agreement, the Planning Agency may, upon notice, determine that the improvement work or any part thereof is incomplete and may cause to be forfeited to the City the portion of the sum of money or bonds given for the faithful performance of the work or may cash savings and loan certificates or shares deposited and assigned to assure the faithful performance of the work to complete the improvement work. Notice pursuant to this Section shall be given as follows:

1. At least ten days prior to the action, the City shall cause written notice to be personally served on the person who signed the contract; or

2. At least 20 days prior to the action, the City shall cause written notice to be sent by certified mail to the person who signed the contract at the last known address of that person.

(Ord. 195, 7-6-87; 1994 Code)

Footnotes:

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Gov. Code § 66499.

The agreement referred to in subsection 5-3F-1 R. of this Chapter shall be accompanied by a bond or cash deposit guaranteeing the faithful performance of the agreement in a form acceptable to the City and in an amount estimated by the Building Official to be equal to the cost of setting monuments and furnishing notes.

(Ord. 195, 7-6-87; 1994 Code)