Ione Municipal Code Ch. 16.44 Improvements

The purpose of this chapter is to establish a review and permit process for the construction of physical improvements to land such as streets, sewers, and other utilities. The intent is also to establish a process for allowing a final map or parcel map to be recorded prior to the completion of required improvements upon execution of certain agreements and/or security.

(Ord. No. 431, § 2, 2-2-2010)

The subdivider shall construct or install all improvements in streets, alleys, pedestrian ways, biking paths, channels, easements and other rights-of-way as are necessary for the general use of residents of the subdivision and to meet local traffic and drainage needs in accordance with the provisions of this chapter.

(Ord. No. 431, § 2, 2-2-2010)

Improvement plans shall be completed by the subdivider, and accepted by the city engineer, prior to the acceptance of the final map or parcel map for filing by the city engineer.

Plans shall conform to improvement standards adopted by the city council pursuant to subdivision (f) of Section 66462 of the Subdivision Map Act. The final map or parcel map shall not be deemed to be submitted for approval until the preparation of said plans is completed and said plans have been accepted by the city engineer.

(Ord. No. 431, § 2, 2-2-2010)

Improvement plans shall be prepared by or under the direction of a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Improvement plan submittals shall include cross sections, profiles, estimated costs, and specifications.

The form, layout, scale and other particulars of the plans, and number of copies to be provided, shall be in accordance with the requirements of the city engineer.

(Ord. No. 431, § 2, 2-2-2010)

Prior to the commencement of grading, construction, or installation of any improvements within any street, alley, pedestrian way, easement or other public area or right-of-way, improvement plans shall have been accepted by the city engineer and other affected departments or divisions.

(Ord. No. 431, § 2, 2-2-2010)

Improvements shall be constructed and installed in accordance with the accepted plans and in accordance with the applicable standards, specifications, and permit procedures established by these regulations, the city code, and/or resolutions of the city council.

Improvements shall be constructed and installed to permanent line and grade satisfactory to the city engineer.

(Ord. No. 431, § 2, 2-2-2010)

In accordance with Chapter 17.34 of the zoning code, utility lines, including but not limited to electrical, natural gas, telephone, cable television, and street lighting service lines, shall be placed underground; provided, however, that incidental, appurtenant equipment such as transformers, terminal boxes and meter cabinets may be placed above ground when, in the opinion of the city engineer, it is impractical under the circumstance of a given case to place same underground.

(Ord. No. 431, § 2, 2-2-2010)

In addition to permanent improvements, temporary improvements may be required to be made prior to or concurrent with permanent improvements.

(Ord. No. 431, § 2, 2-2-2010)

All improvements shall be constructed under the inspection of the city engineer, and the subdivider shall cause all such improvement work to be inspected at such times as are established and required by the city engineer. Subdivider shall pay the city for the costs in making such inspection, the rate of which shall be determined by resolution of the council.

(Ord. No. 431, § 2, 2-2-2010)

All work and improvements contemplated by and performed pursuant to these regulations shall be accomplished so as to minimize interference with and coordinate with other construction activities or developments of or on behalf of the city and nearby private development.

(Ord. No. 431, § 2, 2-2-2010)

If it is determined by the city engineer that the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys by reversion to acreage, or both, the city council may, upon recommendation of the city engineer, waive all or a portion of the improvements which otherwise would be required.

(Ord. No. 431, § 2, 2-2-2010)

The improvements required by this chapter as conditions of approval of the final map or parcel map may include, but are not limited to, the following:

A. Grade and fill to a grade acceptable to the city engineer and construct all necessary grade crossings, culverts, bridges and other related works;

B. Construct and install all drains, drainage facilities, channel improvements and other drainage works required to provide adequate drainage for the subdivision and to protect all lots and adjacent land from flood or overflow by storm or flood waters in accordance with the accepted plans for drains and drainage works;

C. Construct and install concrete curbs, gutters and sidewalks on both sides of every street and on the proximate side of each existing or dedicated street bordering the subdivision. If a street is an extension of a turnaround or temporary turnaround, the bulbed portion shall be removed and required improvements be installed;

D. Install or provide for the installation of water mains, sanitary sewer, storm drains, necessary appurtenances and all laterals required to serve each lot;

E. Relocate or provide for the relocation of any underground or overhead utility, including irrigation lines and traffic signal lines, the relocation of which is necessitated by development of the subdivision;

F. All underground utilities, sanitary sewers, storm drains and other facilities installed in streets or alleys shall be constructed prior to the paving of such street or alley. Service connections for all underground utilities and sanitary sewers shall be laid at such lengths to avoid disturbing the street or alley improvements when service connections thereto are made;

G. Install asphalt concrete pavement, base material, and seal coat in all existing or dedicated streets or portions thereof;

H. Install concrete sidewalks; concrete pavement in all existing or dedicated alleys, pedestrian ways and bikeways; provided, however, pedestrian ways and bikeways may be improved with asphaltic concrete pavement with the consent of the city engineer;

I. Provide for the planting of residential street trees of the species, condition, size, and in the location prescribed by the city planner;

J. Install or provide for the installation of street lighting facilities of approved design and illumination in the locations and manner approved by the city engineer;

K. Based on the estimate of the project engineer of the costs (subject to acceptance by the city engineer), provide a deposit for the purpose of paying the city its actual costs incurred for installing warning devices and traffic signal equipment where required by traffic conditions related to the subdivision. Based on fees set from time to time by resolution of the city council, provide a deposit for payment of the city for installation of initial signs required for the subdivision by normal city signing practices;

L. Construct and install street barricades in accordance with standard specifications, guardrails, retaining walls, and safety devices where required as a condition of approval of the tentative map;

M. Construct such acceleration and deceleration lanes and traffic channelization devices in streets as are deemed necessary by the city engineer and are required as a condition of the approval of the tentative map;

N. Construct a six-foot open view fence or masonry wall (design to be reviewed in consultation with the city planner) along subdivision boundary line, where such boundary line is adjacent to or across a public street, alley or pedestrian way from an open and unfenced canal, storm channel, railroad, quarry, or other facility deemed possibly hazardous in the sole discretion of the city engineer;

O. Construct a sound reduction barrier where required by the general plan, applicable specific plans, or mitigation measures incorporated into the project during the CEQA process. The barrier shall be designed in accordance with standard specifications;

P. Improve biking paths with adequate fencing designed in accordance with standard specifications;

Q. Construct improvements required by and included as mitigation measures pursuant to CEQA.

(Ord. No. 431, § 2, 2-2-2010)

As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said improvement be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act shall be contained in the subdivision improvement agreement or in a separate reimbursement agreement between the city and the subdivider.

(Ord. No. 431, § 2, 2-2-2010)

If the required improvements are not satisfactorily completed before a final map or parcel map is filed with the city engineer, the subdivider shall enter into an agreement with the city to make all improvements as may be required upon approval of such map. The requirements of such improvement agreement shall not be waived under any circumstances.

The purpose of the improvement agreement includes, among other considerations, eliminating and avoiding the harmful effects of premature subdivision which leaves property undeveloped and unproductive. Therefore, commencement of construction of the improvements under the agreement shall not be a condition precedent to the enforcement and requirement of specific performance under said agreement.

The benefit of the subdivision improvement agreement inures solely to the city and shall not be construed to benefit any third parties not signatory to said agreement, including, but not limited to the following: lot purchasers; subcontractors; laborers; and suppliers

A. Form, Filing, and Term of Improvement Agreement. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this chapter. An acknowledged abstract of said agreement shall be recorded simultaneously with the final map or the parcel map.

The improvement agreement, and acknowledged abstract thereof, shall be complete and on file with the city engineer before the final map or parcel map is accepted for filing. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the city engineer.

B. Minimum Agreement Provisions. Said agreement shall include the following provisions as minimum terms and conditions of the agreement:

1. Mutually agreeable terms to complete all required improvements at the subdivider's expense;

2. A provision that the subdivider shall comply with all requirements of these regulations, of the City Code, and of other applicable laws, and with all terms and conditions of required improvement permits;

3. A statement indicating a period of time, satisfactory to the city engineer, within which the subdivider shall complete all improvement work;

4. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the city in completing such work;

5. Provision for the repair and replacement of defective material and workmanship of said improvements by the subdivider for a period of 12 months after the improvements have been accepted by the city engineer;

6. Provision for the inspection of all improvements of the subdivision by the city engineer for a period of 12 months after said improvement acceptance date;

7. A provision guaranteeing payment to the city for all engineering and inspection costs and fees and all other incidental expenses incurred by the city;

8. A description of all lands within the exterior boundaries of the subdivision.

C. Additional Agreement Provisions. The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map or as are determined necessary by the city engineer to carry out the intent and purposes of these regulations:

1. Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;

2. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision at the subdivider's expense;

3. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; and providing that such improvements shall be secured by separate cash bond in the manner prescribed by Section 16.44.160 of this chapter; and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to the aforementioned sections;

4. Provision for reimbursement to be paid the subdivider under the provisions of Section 66486 of the Subdivision Map Act;

5. Provision for the setting of required monuments after the recordation of the final map or parcel map;

6. Provision for the method of payment of any fees imposed by this chapter;

7. Provision for guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the city or the performance of the act.

(Ord. No. 431, § 2, 2-2-2010)

A. General. Except as provided otherwise in subsection B of this section, a subdivider shall secure the improvement agreement entered into pursuant to Section 16.44.150 of this chapter in the following amounts:

1. Performance Security (Performance). An amount determined by the city engineer to be not less than 100 percent of the total estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed; and

2. Payment Security (Labor and Materials). An amount determined by the city Engineer to be not less than 100 percent of the total estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts; and

3. Warranty Security. An amount determined by the city engineer to be not less than ten percent of the total estimated costs of the improvement 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 or equipment furnished.

B. Nonprofit California Corporations. Pursuant to Section 66499.3 of the Subdivision Map Act, entities that are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the State of California or one of its agencies, are exempt from the requirements of subsections (A)(1) and (A)(2) of this section, provided they meet and fulfill the alternative security requirements specified in Section 66499.3(c) of the Subdivision Map Act.

C. Form, Filing, and Term of Improvement Security. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in Section 66499 of the Subdivision Map Act.

1. A surety bond to secure the faithful performance of the agreement shall substantially conform to the form set forth in Section 66499.1 of the Subdivision Map Act. A surety bond to secure payment to the contractor, subcontractor, and persons furnishing labor, materials or equipment shall substantially conform to the form set forth in Section 66499.2 of said Act.

2. Improvement security shall be filed with the city engineer, together with the improvement agreement, before the city engineer accepts the final map or parcel map for filing. The form of the improvement security shall be subject to the approval of the city attorney.

D. Liability for Alterations or Changes. The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

E. Release of Improvement Security.

1. Performance Security. The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the city engineer. Such acceptance shall occur when the notice of completion is signed by the city engineer. If a warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.

2. Payment Security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment shall be released only upon completion and acceptance of the improvement by the city engineer and recorded with the county. Surety shall be released no sooner than 35 days following the recordation of the notice of completion.

3. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided that all warranty deficiencies have been corrected.

4. Pursuant to Government Code Sections 66499.7 and 66499.9, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses or fees, including reasonable attorneys' fees.

(Ord. No. 455, § 16, 12-6-2011; Ord. No. 431, § 2, 2-2-2010)