Kern County Municipal Code Ch. 18.55 Subdivision Improvements

The purpose of this chapter is to describe the improvements required as well as improvement plans, agreements, security, construction and inspection related to the division of land. This chapter sets forth actions required of a subdivider prior to the recordation of a final tract or parcel map.

(Ord. G-6533 § 3 (part), 1998)

A. The subdivider shall construct all required improvements both on and off site according to the Kern County development standards.

B. No final tract map shall be presented to the board or final parcel map to the planning director for approval until the subdivider either completes the required improvements, with the agreement for guarantee of improvements constructed or furnished prior to recordation of the final tract or parcel map, or enters into an agreement with the county agreeing to do such work. In the case where the improvement work is completed and accepted prior to recordation and the work is of a minor nature, as determined by the director of engineering and survey services, the requirement for entering into an agreement for guarantee of improvements constructed or furnished prior to recordation may be waived by the director of engineering and survey services.

C. All improvements as may be required as conditions of approval of the tentative map or county ordinance, together with, but not limited to, the improvements specified in Section 18.55.030 shall be required of all subdivisions.

D. Phased improvements, based on parcel size and in accordance with Appendix B, are permitted.

E. Requirements for construction of on-site and off-site improvements for subdivisions of four (4) or fewer parcels shall be noted on the final parcel map, and the subdivision improvement agreement shall be executed prior to the recordation of the final parcel map. In setting forth this requirement, the board of supervisors finds that when construction of on-site and off-site improvements are required for subdivision of four (4) or fewer parcels, the construction is deemed a necessary prerequisite to the orderly development of the surrounding area.

F. Completion of improvements shall be in accordance with Section 18.55.120.

(Ord. G-6533 § 3 (part), 1998)

A. Street and Highway Improvements.

1. The subdivider shall improve all streets, highways, alleys, public ways, and easements as follows:

a. All street improvements shall be made in accordance with the Kern County development standards, which may require the removal and/or reconstruction of existing nonengineered roads.

b. The location, type, character, and dimensions of all structures and grades of work shall be subject to approval by the engineering and survey services department.

c. All required road improvements shall be subject to inspection and approval by the director of engineering and survey services or appropriate public entity.

d. Except as otherwise expressly provided, the alignment criteria for all roads shall be in accordance with the Kern County development standards.

e. In those cases where approved plans and profiles are required, the same shall be filed with the roads department and the engineering and survey services department and approved by both departments.

f. All required road improvements shall be located within road easements which conform to the requirements of this chapter.

g. For Type C subdivisions, the director of engineering and survey services and fire chief are authorized to allow maximum grades in excess of that specified for short distances, by limited exception.

h. Street and highway improvements shall conform to the following standards; (if a conflict arises in determining the "type" of subdivision, the higher "type" improvement shall be applicable):

i. Type A Subdivisions.

(A) Type A subdivisions will be required in the following circumstances:

(1) Divisions of land located entirely or partially within the boundaries of any map contained in Appendix A, where any parcel to be created is less than twenty (20) gross acres in size.

(a) When creating less than five (5) parcels, in situations where a development variation is approved to delete the requirement to construct off-site road improvements, where on-site road improvements will still be required, the subdivider may be given the option to construct an equivalent amount of paving that connects onto the closest publicly maintained paved road in lieu of constructing on-site frontage improvements when authorized by the Kern County roads department.

(2) All multifamily residential, commercial, or industrial development, except as otherwise provided in Chapter 19.80 of the Kern County zoning ordinance.

(3) All other divisions of land which do not qualify as Type B or Type C subdivisions.

(4) Any division of land which would otherwise qualify as Type B or Type C subdivisions, but which the subdivider, at his/her option, elects to use Type A improvements.

(5) Any division of land located entirely or partially within the boundaries of an adopted specific plan requiring Type A improvements.

(B) Street improvement standards for Type A subdivisions shall be in accordance with the Kern County development standards.

ii. Type B Subdivisions.

(A) Type B subdivisions will be required in the following circumstances:

(1) Divisions of land involving five (5) or more parcels and located entirely outside of the boundaries of the maps contained in Appendix A, where any parcel to be created is less than twenty (20) gross acres in size.

(2) Divisions of land located entirely outside of the boundaries of the maps contained in Appendix A, where any parcel to be created is one-half (½) net acre (twenty-one thousand seven hundred and eighty (21,780) square feet) or less in size.

(3) Any division of land located entirely or partially within the boundaries of an adopted specific plan requiring Type B improvements.

(4) Divisions of land involving five (5) or more parcels where the parcels to be created are twenty (20) acres or greater in size, are zoned NR (20), E (20), or A, and are not subject to a Williamson Act Land Use Contract or Farmland Security Zone Act Land Use Contract.

(5) Divisions of land into less than five (5) lots located entirely or partially within the boundaries of any map contained in Appendix C, where any parcel to be created is five (5) gross acres or less in size.

(a) In situations where a development variation is approved to delete the requirement to construct off-site road improvements, where on-site road improvements will still be required, the subdivider may be given the option to construct an equivalent amount of paving that connects onto the closest publicly maintained paved road in lieu of constructing on-site frontage improvements when authorized by the Kern County roads department.

(B) Street improvement standards for Type B subdivisions shall be in accordance with the Kern County development standards.

iii. Type C Subdivisions.

(A) Type C subdivisions will be required in the following circumstances:

(1) Divisions of land where each parcel created is twenty (20) gross acres or larger, except where:

(a) The proposed parcels comply with Section 18.55.030.A.1.h(2);

(b) The site, or any portion, thereof, Is located within the boundaries of the maps contained in Appendix A;

(c) The land use zoning of the site allows a minimum lot size less than twenty (20) acres;

(d) The land use designation shown on the general plan or applicable specific plan allows a zone classification where the minimum lot size is less than twenty (20) acres;

(e) Then the subdivision shall be in accordance with Type A improvements for parcel sizes less than twenty (20) acres as shown in Appendix B.

(2) Divisions of land located entirely outside of the boundaries of the maps contained in Appendix A, where any parcel to be created is greater than one-half (½) net acre (twenty-one thousand seven hundred and eighty (21,780) square feet) or more in size.

(B) Street improvement standards for Type C subdivisions are as follows:

(1) Roads shall be graded to a minimum width of twenty (20) feet;

(2) Maximum grade of roads shall be fifteen percent (15%);

(3) Roads shall be traversable by a standard passenger car;

(4) Road surfacing is not generally required, except as may be required by the air pollution control districts, zoning ordinance, or the applicable adopted general or specific plan;

(5) Plans and profiles are not required.

(C) As an alternative to Section 18.55.030(A)(1)(h)(3)(b), roads may be designed utilizing the requirements of the Uniform Fire Code upon approval of a limited exception, as noted in the development standards, by the fire chief.

(D) The subdivider shall make all road improvements necessary to meet the standards in Section 18.55.030(A)(1)(h).

iv. Private Streets.

(A) A development variation may be approved to allow private local streets within a development.

(B) For divisions of land involving five (5) or more parcels, the minimum width of a private local street shall be forty (40) feet.

(C) For divisions of land involving four (4) or fewer parcels, the minimum width of a private local street shall be twenty (20) feet, unless a greater width is specified by the Kern County fire department.

(D) Street improvements shall conform to the requirements of Section 18.55.030(A)(1)(h), unless a development variation is approved.

v. Road Surfacing for Private Streets and Public Access Easements—Parcel Maps Approved for Properties Located Within the A (Exclusive Agriculture) District.

(A) For parcel maps creating more than five (5) lots on property not restricted by a Williamson Act Land Use Contract, internal and perimeter roads shall be surfaced with two (2) inches of A/C over compacted native ground or material of higher quality. Alternatively, paved surfacing consisting of two (2) inches of recycled asphalt or similar material over compacted native ground, which is compacted and sealed, may satisfy this requirement.

2. Dead-End Streets.

a. Wherever a dead-end street more than one hundred and fifty (150) feet long, as measured from the centerline of the nearest intersection, is permitted, a "turnaround" shall be constructed in accordance with the Kern County development standards. If the "turnaround" is outside the subdivision boundary, an easement therefor shall be offered for dedication to the county, and if Type A improvements are required and drainage is not affected, construction of curbs, gutters, and sidewalks shall not be required.

b. When an existing dead-end street with an existing "turnaround" is extended, the developer constructing the new street shall perform all work necessary to eliminate the existing "turnaround."

3. Street Adjacent Railroad. Where the subdivision is adjacent to a railroad right-of-way and topography permits, highways in the same direction as the railroad shall be adjacent to and as nearly parallel to such railroad right-of-way as practicable.

4. Street Railroad Crossing. If a street crosses railroad tracks, the subdivider shall pay all costs of construction and costs of protection devices as may be required by the county and/or the California Public Utilities Commission, except for any portion required by the California Public Utilities Commission to be paid by the railroad company.

5. Access Roads.

a. Each parcel created by any subdivision subject to this chapter shall be connected by means of an approved access road or roads to a public highway which is maintained by the county or other public entity or government agency.

b. The planning director may approve or require such additional access roads as may be needed for emergency purposes and for safe and adequate circulation within the subdivision.

c. Access roads shall be topographically feasible for travel by standard passenger cars and shall be made and kept open, clear, and free from obstructions, buildings or structures of any kind, as determined by the planning director. The minimum travel way width shall be twenty (20) feet if it serves more than one (1) parcel or twelve (12) feet if it serves no more than one (1) parcel.

d. Turnouts shall be required on all access roads in hazardous fire areas of Kern County where deemed necessary by the fire chief.

e. Access roads shall be improved in accordance with the Kern County development standards.

f. Required access shall be over public roads, provided that the planning director or the board of supervisors, as appropriate, may grant a variation authorizing access over a private road or over a road dedicated to a semipublic use by way of a dedication made for the exclusive use and benefit of all properties located within the subdivision or within a public district.

g. Except where access can be provided over an existing public road, access roads shall be dedicated or offered for dedication.

h. On-site access roads shall have a minimum easement width of sixty (60) feet, except in the case where the road is along the boundary, it shall be a minimum width of forty (40) feet for local streets, forty-five (45) feet for secondary (collector) highways, and fifty-five (55) feet for major (arterial) highways, unless it is determined by the director of the engineering and survey services department and/or roads department that a greater width is needed to provide for traffic circulation, or the boundary street is bordered by land that cannot or is not likely to be developed (existing schools, major utility rights-of-way, existing parks, etc.).

i. For parcel maps, off-site access roads shall have a minimum easement width of forty (40) feet, except where a previously approved access road exists at a lesser width or along a major or secondary highway alignment where appropriate half-street easements shall be provided. If off-site improvements are required for a residential parcel map, said improvements shall consist of a part-width local street constructed from the project to the nearest county-maintained streets or highways and with a width not less than forty (40) feet.

j. For tract maps, off-site access shall have a minimum width of sixty (60) feet, except where located along a major or secondary highway alignment where the appropriate minimum half-width easement shall be required.

k. Frontage roads shall be connected to local streets, major highways, and secondary highways in accordance with the Kern County development standards.

l. One-foot nonaccess strips shall be provided when a half-width or part-width street dedication where stub streets in excess of one hundred fifty (150) feet are provided in a Type A or Type B subdivision abuts undeveloped land. However, this requirement may, after consultation with the roads department, be waived by the director of the engineering and survey services department and the director of the planning department upon a determination that the zoning requirements of said abutting undeveloped land will ensure completion of the road once the property is developed.

m. Cul-de-sac and bulb dedication and design shall be in accordance with the Kern County development standards.

n. Intersection design shall be in accordance with the Kern County development standards.

6. Removal of Obstructions.

a. All obstructions shall be removed from the streets, roadways, or rights-of-way dedicated in the final map of a subdivision or which are deeded to the county in connection therewith which, in the determination of the engineering and survey services department and/or the roads department, interfere with the use thereof or constitute a dangerous or hazardous condition to the traveling public.

b. All obstructions shall be removed which are located within existing county, state, or city streets or roadways lying immediately adjacent to streets, roadways, or rights-of-way which are dedicated in the final map or which are dedicated or deeded by the subdivider to the county in connection therewith and which obstructions, in the determination of the engineering and survey services department and/or roads department, interfere with the use of said existing county, state, or city streets or roadways, or constitute a dangerous or hazardous condition to the traveling public.

c. Said obstructions shall be relocated without expense to the county to such locations as specified by the engineering and survey services department and/or roads department or in the improvement plans for the subdivision. As used in this section, obstructions shall include, but shall not be limited to, structures, power poles, telephone or other communication poles, and appurtenances, pipelines, conduits, canals, and/or their rights-of-way and easements.

d. It shall be the responsibility of the subdivider to contact the utility companies or other owners of said obstructions to advise them of proposed improvement, and make direct arrangements for the relocation of and compensation for the cost of relocating any conflicting obstructions. Evidence of such completed arrangements shall be presented by the subdivider to the engineering and survey services department prior to the final approval of the improvement plans by the county.

e. Removal of obstructions shall include, but is not limited to, the quitclaim or subordination of rights to the county by all interest and easement holders having the right to place facilities or otherwise obstruct the free use of the road right-of-way. Where major facilities exist, a common use agreement may be allowed when determined necessary by the director of engineering and survey services.

f. All easements which affect the intended and/or permitted use of a lot or parcel shall be quitclaimed, abandoned, or relocated prior to recordation of any final map.

B. Water Supply.

1. The subdivider shall install a water system for the land division, where a final map is required, together with such equipment, pipelines and facilities as may be necessary to ensure the land division with a minimum supply of water for domestic and fire protection purposes. However, in the instances where the parcels being created will be served by individual on-site water wells, it is not necessary that such wells be constructed prior to recordation of the final map; except as otherwise required by the environmental health services department.

2. The water distribution system shall be designed in accordance with standards for the design and construction of water systems adopted by the board of supervisors.

3. The minimum supply of water which shall be required for the land division under Section 18.55.030(B)(1) shall be in accordance with the standards adopted by the board of supervisors.

4. If any part of the land division is located within or partially within a Type A improvement area, and if any parcel created by the subdivision is less than two and one-half (2½) acres gross area, a domestic water supply and distribution system shall be furnished and constructed, subject to the Kern County development standards, to serve all lots in the subdivision.

5. Construction plans for such water supply and distribution system shall be supplied by the subdivider and shall be approved by the engineering and survey services department, the environmental health services department, and the fire department, consistent with the Kern County development standards.

C. Sanitary Sewers.

1. Where a proposed subdivision creates parcels of less than or equal to three (3) acres and as located within two hundred (200) feet of a sanitary sewer system, or where otherwise required by an adopted general or specific plan, all of the lots within the subdivision shall be connected to the sanitary sewer system upon the following conditions:

a. The existing or proposed wastewater treatment plant for the system has or will provide the capacity to serve the subdivision.

b. The legal entity in charge of the sanitary sewer system has agreed to furnish its sewerage facilities to the subdivision, and annexation to the corporate limits of a city is not a condition of providing such service.

c. Connection to the sanitary sewer system is technically and economically feasible, as determined by the engineering and survey services department.

In any case, the subdivider shall provide sanitary sewer facilities for the subdivision under such circumstances as they are necessary in the opinion of the Kern County environmental health services department. The sewage collection and treatment system shall be designed by the subdivider's civil engineer, and shall be approved by the engineering and survey services department and the civil engineer for the entity responsible for the operation and maintenance of the system.

2. Dry sewer collection systems shall be installed when required by an adopted general or specific plan.

3. Septic monitoring shall be by means of the formation or annexation to a public entity when required by the director of the engineering and survey services department and the environmental health services director.

D. Grading, Drainage, Flood Protection and Erosion Control.

1. The subdivider shall be required to make those improvements deemed necessary by the director of the engineering and survey services department for proper grading of the land within the subdivision, drainage, flood protection and erosion control, including the prevention of sedimentation or other damage to property or improvements within or outside the subdivision.

2. The subdivider shall be required to obtain or provide land dedication or easements on land within or outside the subdivision as deemed necessary by the director of the engineering and survey services department for improvements, access and flowage ways. Dedications and/or easements on land outside the subdivision shall be obtained in accordance with the provisions of the Subdivision Map Act.

3. Grading shall be subject to the Kern County grading ordinance and shall be subject to the inspection and approval of the engineering and survey services department.

4. All drainage improvements shall be subject to inspection and approval by the engineering and survey services department.

E. Fire Protection Facilities Requirement. Fire protection facilities shall be installed in all subdivisions in accordance with the standards for fire protection facilities in Kern County adopted by the board of supervisors. Additional requirements, including, but not limited to, lot and block design and road improvements, may be imposed by the Kern County fire department to achieve compliance with Public Resources Code 4290, Title 14, California Code of Regulations (State Response Areas).

F. Other Improvements and Design Features. If any parcel created by the subdivision has an area of less than two and one-half (2½) gross acres, the subdivider may be required to make such other improvements and incorporate design features into the subdivision which are consistent with those in other subdivisions and land developments in the vicinity of the subdivision, as deemed necessary by the planning director.

G. Solid Waste. For those subdivisions not located within the vicinity of an adequate existing solid waste disposal site, the subdivider shall provide a means satisfactory to the waste management department and environmental health services department for the disposal of solid waste from the subdivision.

(Ord. G-7629 §§ 97, 98, 2007; Ord. G-6746 § 33, 2001; Ord. G-6533 § 3 (part), 1998)

Improvements required for the recordation of a final parcel map may be deferred upon approval of a variation request by the planning director, upon a finding that the following conditions exist:

A. The property to be subdivided has no established use;

B. The zoning district which is applicable to the property requires similar improvements or improvements of a higher standard at such time that a use is established;

C. If the variation is approved, the planning director shall require a notation to be placed on the parcel map that states the types of improvements that have been deferred, when the improvements will be required, and who will review and approve such improvements; and

D. Deferrals of road improvements to commercial and industrial parcel maps shall be limited to the consideration of the deferral of curb, gutter, and sidewalks, where required.

(Ord. G-7629 § 100, 2007; Ord. G-6533 § 3 (part), 1998)

A. General Design Criteria. The design and layout of each subdivision shall conform to the California Subdivision Map Act, to all of the elements of the Kern County general plan, including, but not limited to, the open space element and any applicable specific plan or official and specific plan lines.

B. Streets and Highways.

1. The following standards, together with the provisions of the Kern County development standards, are minimum requirements of this title. All roads shall be designed to allow for safe traffic movement, and higher standards may be required where reasonably necessary for such purpose.

a. Major highway rights-of-way shall not be less than one hundred and ten (110) feet in width.

b. Secondary (collector) highway rights-of-way shall not be less than ninety (90) feet in width.

c. Local street rights-of-way shall not be less than sixty (60) feet in width.

d. Specific or official plan lines shall be the minimum width as specified by the applicable plan.

e. State highways shall be the minimum width as specified by the California Department of Transportation and/or the circulation element of the general plan.

f. Where a street is on the boundary of a subdivision or a development, a part-width street of fifty-five (55) feet for a major highway, forty-five (45) feet for a secondary (collector) highway, or forty (40) feet for a local road is permitted, except as may be required pursuant to Section 18.55.030(A)(5)(h). Part-width street improvement requirements will require that portions of the road be constructed as an off-site improvement, in which case the subdivider must acquire the additional off-site dedication as required. For Type C subdivisions, where a local street is on the boundary, the width may be reduced to thirty (30) feet A dedication of access rights shall be made by the subdivider along such boundary when located in a Type A or Type B subdivision.

g. Frontage road right-of-way widths shall be a minimum of forty-four (44) feet, which may be reduced to forty-two (42) feet in commercial or industrial areas if approved by the directors of the engineering and survey services department and roads department.

h. Streets (other than major highways) proposed for predominately industrial areas which will be used for heavy truck traffic or truck parking may be constructed according to Type A secondary highway width and standards with approval of the engineering and survey services director, roads director, and the planning director. Cul-de-sacs shall have a minimum property line radius of seventy-five (75) feet. In other instances, subdivisions zoned for commercial or industrial purposes shall be improved to local street commercial standards.

i. If roadway turnouts are required within state response areas, said turnouts shall be a minimum of ten (10) feet in width and thirty (30) feet in length, with a minimum twenty-five (25) foot taper on each end; or as approved by the Kern County fire department.

j. Dead-end roads shall comply with the following criteria:

i. The maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed the following cumulative lengths, regardless of the number of parcels served:

All lengths shall be measured from the edge of the road-way surface at the intersection that begins the road to the end of the road surface at its farthest point. Where a dead-end road crosses areas of differing zoned parcel sizes, requiring different length limits, the shortest allowable length shall apply.

ii. Each dead-end road shall have a turnaround constructed at its terminus.

iii. In state response areas where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of one thousand three hundred and twenty (1,320) foot intervals, unless otherwise approved by the Kern County fire department.

C. Street Access.

1. Access to Lots.

a. Each lot shall have frontage on a public street or public access easement, except as provided in Section 18.55.050(C)(i)(h).

b. The primary means of vehicular access to each lot shall be by means of direct physical connection to the street which fronts upon the lot. The feasibility of such primary means of access must be demonstrated as provided in this section.

c. If access to the street which fronts upon the lot is prevented by a legal limitation imposed or approved by the county or state, such primary means of access may be a connection to any street adjacent to the lot, notwithstanding the provisions of subsection 18.55.050(C)(1)(b).

d. If required due to topographic or other constraints, in conjunction with the design and approval of any tentative subdivision map, the subdivider shall demonstrate, by means of a lot use feasibility study, that prospective building sites and driveway locations are both feasible and probable and in conformity with the requirements of this title and other applicable ordinances and regulations of the county, including, but not limited to, the Uniform Fire Code.

e. Driveway improvements located on a lot, and not within a public right-of-way, shall be subject to the requirements of the Uniform Fire Code, the Uniform Building Code, and the zoning ordinance.

f. Driveway improvements located within a public right-of-way shall be subject to the Kern County development standards, standards for streets, and the reasonable requirements of the engineering and survey services department and roads department.

g. This section shall not be construed as requiring that a driveway constructed subsequent to the improvement work of the subdivision must be located in the manner demonstrated by the subdivider under subsection 18.55.050(C)(1)(d); provided, however, that it shall be subject to the Uniform Fire Code, the Uniform Building Code, and the zoning ordinance provisions relating to driveways.

h. Upon approval of a variation, lots within a subdivision may have frontage on a private street which is an integral part of the overall design and use of the improvements, which shall be designed and improved according to the standards in this title, unless otherwise allowed by variation.

i. Type A or Type B subdivisions shall not be designed with single-family residential lots or parcels fronting on a major or secondary (collector) highway except as follows:

(i) The subdivision is designed so that all lots or parcels will obtain access from a local street, access rights to the major or secondary (collector) highway are relinquished, and a vehicular access control wall or fence, as approved by the planning director, is constructed; or

(ii) A frontage road is provided.

2. Alleys.

a. If required by the fire department or other county agency, an alley at least thirty (30) feet wide or other approved access shall be provided for any lot proposed to be used for multifamily residential, commercial, or industrial purposes. In all cases, whether an alley is proposed or not, a plan of development shall be filed with the tentative map showing the method of circulation for service vehicles.

b. Where two alleys intersect, the corner cutoff at intersections shall be a twenty- (20-) foot by twenty- (20-) foot cut off.

c. Alleys shall not be included in any single-family residential land division unless required to conform to existing adjacent uses.

d. Alleys are not permitted in Type B or Type C areas. Approval may be granted to allow alleys contrary to this paragraph by the joint action of the planning director, the fire chief, and the directors of the engineering and survey services, and roads departments.

D. Blocks. The following standards apply to Type A and Type B subdivision types:

1. Block lengths shall not exceed one thousand three hundred and twenty (1,320) feet, provided that approval may be granted by limited design variation by the planning director or the director of engineering and survey services where such lengths are precluded by existing adjacent development, canals, drainage channels, railroad rights-of-way, topographic features, or other similar obstructions. Prior to the approval of a limited design variation, the roads department shall be consulted.

2. The width of each block shall be sufficient to allow for two (2) tiers of lots except where through or double-frontage lots are permitted.

3. Pedestrian easements shall be provided when required by the board of supervisors or the planning director, as appropriate, where such easements are necessary to provide access to schools, parks, playgrounds, shopping centers, transportation facilities, or other public use facilities. The board of supervisors or the planning director, as appropriate, may require such easements to be appropriately landscaped and lighted, and the design of each pedestrian easement shall be approved by the planning directors and the director of engineering and survey services.

E. Block Corner Treatment. All property line corner at intersection for land division shall be a minimum of the long chord of a twenty- (20-) foot radius curve, unless an alternate treatment is approved by the directors of engineering and survey services and the roads department.

F. Lots and Parcels.

1. a.

Interior and key lots in the R-1 (low-density residential), R-2 (medium-density residential), and R-3 (high-density residential) districts shall have a minimum width of fifty-five (55) feet and a minimum depth of one hundred (100) feet, except as required by subsection 18.55.050(F)(1)(c). Every corner lot shall have a minimum width of sixty (60) feet and a minimum depth of one hundred (100) feet. Lot widths shall be measured at the building setback line, except as noted in subsection 18.55.050(F)(2).

b. Every interior and key lot in all other zone districts shall have a minimum width of sixty (60) feet and a minimum depth of one hundred (100) feet; every corner lot shall have a minimum width of sixty-five (65) feet and a minimum depth of one hundred (100) feet. Lot widths shall be measured at the building setback line except as noted in subsection 18.55.050(F)(2).

c. The lot widths and depths established by this ordinance are minimums subject to the review and recommendation of the planning director. The advisory agency or governing body may require a greater width and/or depth if it finds that the character of the surrounding existing or proposed lots warrants such an increase for compatibility or buffering of land uses.

2. Lots fronting on a cul-de-sac or knuckle shall have a minimum frontage of thirty (30) feet measured at the street right-of-way line, except in the case of a flag or panhandle lot where frontage may be reduced to a minimum of twenty (20) feet.

3. Where practicable, lot depths shall not exceed three (3) times the proposed lot width except where existing topography makes such dimensions infeasible and a limited design variation is approved.

4. No lot in a Type A or Type B subdivision shall have double frontage except where otherwise permitted by this chapter or necessitated by topography or approved as a limited design variation. When double-frontage lots are necessitated by topography, the dedications of vehicular access along one (1) of the streets shall be required.

5. The side lines of lots shall be at right angles or radial to the street upon which the lots face whenever practicable.

6. Key lots (reverse corners) may be provided only when other means of lot design are not available.

7. Flag lots (panhandle lots) may be approved, subject to the following requirements:

a. The maximum length of the flag or panhandle lot shall be two hundred (200) feet, provided that by joint approval the planning director and the fire chief may grant a limited design variation allowing a maximum length of not more than two hundred (200) feet. The minimum length of the flag or panhandle shall be one hundred (100) feet.

b. Each flag or panhandle lot shall be not less than twenty (20) feet wide or the minimum width required for vehicular access under the Uniform Fire Code, whichever is greater.

c. The grade along the flag or panhandle lot shall not exceed the maximum grade provided for vehicular access under the Uniform Fire Code.

d. In conjunction with the design and approval of the tentative map, the subdivider shall demonstrate to the satisfaction of the planning director that such flag or panhandle lot can provide a primary means of vehicular access in the manner provided in subsection 18.55.050(C)(1)(d).

e. Additional fire hydrants may be required on or near such lots by the fire chief.

G. Lot Sizes and Related Design and Improvement Requirements.

1. Minimum lot sizes shall conform to the general plan, including, but not limited to, the open space element and any applicable specific plan.

2. Minimum lot sizes shall conform to the zoning ordinance in effect at the time of approval of the final map.

3. Minimum lot sizes shall, in any case, be subject to any more stringent requirements of the Kern County development standards, environmental health services department standards, or as the health officer may be empowered to impose under any statute, administrative regulation or county ordinance with respect to lot size.

4. The panhandle portion of a lot shall not be counted in determining the net area of a lot under the provisions of this section.

5. Greenbelts, when prepared as a part of a tentative map that is located within a State Response Area, shall be strategically located to serve as a separation between wildland fuels and structures; as approved by the Kern County fire department.

H. Watercourses.

1. In accordance with Sections 66478.1 through 66478.10, inclusive, and Section 66478.14 of the California Government Code, if the subdivision is to front upon a public waterway, river or stream, as defined in Section 66478.4(c), access routes and easements along the bank shall be provided as follows:

a. The subdivision shall provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of such river or stream bordering or lying within the proposed subdivision, as determined by the planning director in accordance with Section 66478.5 and Section 66478.14 of the California Government Code; and

b. The subdivision shall provide for a dedication of a public easement along a portion of the bank of such river or stream bordering or lying within the proposed subdivision, as determined by the board of supervisors in accordance with Section 66478.5 and Section 66478.14 of the California Government Code; and

c. The planning director shall determine the governmental entity to which such access route or easement shall be dedicated, and all dedications shall be in accordance with Section 66478.6 of the California Government Code.

2. In accordance with Section 66478.12 of the California Government Code, if the subdivision is to front upon any lake or reservoir which is owned in part or entirely by any public agency, including, but not limited to, the United States, state of California, or the county of Kern, the subdivision shall be provided with or have available reasonable access by fee or easement from public highways to the water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision, as determined by the board of supervisors or the planning director, as appropriate, in accordance with such statute. The planning director shall determine the governmental entity to which such dedication shall be made.

3. In the event a subdivision is traversed by a river, stream or creek, the subdivider shall leave such river, stream or creek in its natural condition whenever practical. Sufficient right-of-way shall be dedicated to the county or other public entity as necessary to accommodate flows of water that would be generated by a base flood. In the event a subdivision is to front upon a river, stream or creek, the provisions of this subsection shall apply to that portion of the bank thereof bordering or lying within the proposed subdivision. The planning director shall determine the governmental entity to which such dedication shall be made.

I. Subdivision Design.

1. Where the keeping of equine animals is proposed as a use within a development, the subdivider shall provide adequate equestrian trails as an integral part of the development, and prior to approval of the final map, a means shall be provided for maintenance of any such ways and trails, as approved by the planning director; provided that a development variation may be granted by the advisory agency for the deletion of equestrian trails where such trails are precluded by location and design of the proposed subdivision.

2. Within a development of urban density, as defined by the general plan, the subdivider is encouraged to provide pedestrian ways, when appropriate, and shall provide bikeways as required by the bikeways element of the general plan as an integral part of the development, and in such cases, prior to approval of the final map, a means shall be provided for the maintenance of any such ways, as approved by the planning director and the director of engineering and survey services. Design of bikeways and pedestrian ways shall be in accordance with the California Department of Transportation standards or an applicable specific plan. A limited design variation to delete pedestrian ways or bikeways may be considered by the advisory agency after consultation with the roads department.

3. The subdivider shall provide public utility easements as may be required for the various concerned utility companies or districts, as determined by the board of supervisors or the planning director, as appropriate.

4. All new utility services shall be placed underground for all Type A subdivisions creating five (5) or more lots or as required by a specific plan and/or mitigation measure. Underground utility construction shall be in accordance with the provisions of Public Utility Commission General Order 95. Any aboveground cabinets or facilities shall be screened in a manner approved by the director of the Kern County planning department. Any aboveground cabinets or facilities located within the road right-of-way shall be permitted only upon approval by the director of the Kern County engineering and survey services department. Compliance with this requirement may result in the need to create public utility easements outside of the right-of-way.

5. The planning director, the director of engineering and survey services, or the board of supervisors may, in consultation with the roads department, require dedication of non-access strips and/or waiver of vehicular access rights, wherever necessary, to regulate access and control future development.

6. Six- (6-) foot-high solid masonry walls shall be constructed in accordance with the Kern County development standards for tracts as follows:

a. On all major (arterial) highway frontages for tracts with lot or parcel sizes of less than two and one-half (2½) acres and located within a Type A subdivision.

b. On all secondary (collector) highway frontages for tracts with lot sizes of less than two and one-half (2½) acres, located within a Type A subdivision, and where relinquishment of access rights are required.

c. On all rear and side property lines of tracts zoned for single-family residential purposes that are contiguous to property zoned for multifamily, commercial or industrial purposes, unless a development variation to allow alternative fencing is approved by the planning commission.

d. As recommended by the subdivision review committee and approved by the planning commission.

7. Six- (6-) foot-high solid wooden fencing shall be constructed on all rear and interior-side property lines of all lots within proposed tracts that are located on the periphery of the tract and which abut property located outside the tract boundary which is located in an R-1, E (¼), or E (½) district, except as otherwise provided in this title.

8. Fences or walls for parcel maps shall be as required by the zoning ordinance and/or the planning director.

9. Fences and walls constructed in accordance with the Kern County development standards may be located one (1) foot within the road right-of-way. Fences and walls which do not conform to the Kern County development standards shall be permitted if located outside the road right-of-way and if a maintenance entity is established for the continual maintenance of the fence or wall.

10. Street lighting will be installed and a means shall be provided for contracting for public utility services as a condition of approval of all Type A final tract map subdivisions, commercial and industrial subdivisions, and other type subdivisions as required by the planning director, in consultation with the engineering and survey services and roads departments. The lighting must meet the minimum maintained levels as recommended by the respective public utility servicing the area being developed. The lighting design must be based upon the illumination levels as required by the utility providing service. Maintenance of street lighting shall be by an existing entity or by formation of an entity, as approved by the director of engineering and survey services.

11. Street sweeping shall be provided as a condition of approval for all Type A final tract map subdivisions, commercial and industrial subdivisions (including industrial subdivisions with private streets), and other type subdivisions as required by the director of engineering and survey services department. Street sweeping services shall be accomplished through an existing entity or by formation of a new entity, as approved by the director of engineering and survey services department.

12. Landscaping shall be required adjacent to highway frontage in accordance with the Kern County development standards for tracts as follows:

a. Within the metropolitan Bakersfield general plan area, landscaping of street frontages adjacent to major (arterial) and secondary (collector) highways shall be dedicated, installed, and maintained as follows:

i. Major (arterial) highways shall have an average minimum width of ten (10) feet. A minimum of one (1) tree per forty (40) linear feet shall be installed and maintained. Dedication shall be as detailed in the Kern County development standards.

ii. Secondary (collector) highways shall have an average minimum width of eight (8) feet. A minimum of one (1) tree per forty (40) linear feet shall be installed and maintained. Dedication shall be as detailed in Kern County development standards.

iii. Maintenance shall be through annexation to an existing county service area (CSA) or by formation of a new CSA or similar entity as approved by the director of the engineering and survey services department.

b. In conformance with the requirements of any adopted specific plan.

c. Where landscaping is required, landscaping shall be provided between the sidewalk and the adjacent property line and as may be specified in the Kern County development standards.

J. Street Names and Signs.

1. Major (arterial) and secondary (collector) roadways connecting communities shall be designated by one (1) of the following terms:

a. Road (rural);

b. Boulevard (urban).

2. Local streets shall be designated by one (1) of the following terms:

a. Street (north-south);

b. Avenue (east-west);

c. Drive (meandering);

d. Lane (meandering);

e. Circle (looping);

f. Loop (looping).

3. Streets with limited local traffic shall be designated by one (1) of the following terms:

a. Way (short connecting streets);

b. Place (cul-de-sac);

c. Court (cul-de-sac);

d. Square (cul-de-sac).

4. Other designations, including the Spanish designations (i.e., Plaza, Paseo, Avenida, Camino, Calle, etc.), may be used upon approval from the planning director.

5. All streets on the same alignment shall bear the same name where practical.

6. When so required by the planning director, street names with numerical designation shall be spelled out (i.e., Twenty-Third Street).

7. All suffix designations shall be spelled out in full on the final map.

8. Street signs shall be provided for all subdivisions in accordance with the Kern County development standards.

(Ord. G-7629 §§ 102, 103, 2007; Ord. G-6533 § 3 (part), 1998)

A. General. Improvement plans shall be prepared under the direction of and shall be signed, sealed, and dated by a registered civil engineer licensed by the state of California. Improvement plans shall include, but not be limited to, storm drains, streets, drainage plans, water systems, sewer systems and related facilities. Landscape plans shall be submitted when required. The engineering and survey services department will, along with other departments, review and approve all improvement plans with the final approval provided by the director of engineering and survey services.

B. Form. The following specifications are intended to serve as a guideline for improvement plans. Regardless of the form, all improvement plans shall be legibly drawn.

1. Plans, profiles, and details shall be legibly drawn and either printed or reproduced by a process approved by the director of the engineering and survey services department, guaranteeing a permanent record in black on polyester-based film (four (4) mil minimum) or tracing paper (twenty (20) pound weight basis minimum). If ink is used on polyester-based film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be twenty-four (24) by thirty-six (36) inch sheets. A border shall be made on each sheet providing one-half (½) inch at top, bottom, and right side and one and one-half (1½) inches on the left side.

2. 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 director of engineering and survey services and for approval of plan revisions.

3. Plan and profiles shall be drawn to the scale of one (1) inch equals fifty (50) feet (1″ = 50′) or larger unless approved by the director of engineering and survey services. Details shall be drawn to a scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

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

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

6. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the director of engineering and survey services.

7. All lettering shall be a minimum one-tenth ( 1/10 th) inch (L100) font size, except as indicated below:

The above font size may be reduced to 0.08 inch (L80) font size, provided the lettering is all capital letters, is AUTOCAD or similarly generated, and in one (1) of the following easy to read fonts: ARIAL, LEROY, MONOTXT, ROMANS, ROMAND, SANSERIF, or other similar font which has been approved by the director of the engineering and survey services department. The lettering shall have a constant line width of at least 0.014 inches.

8. If the plans include three (3) or more sheets, a key map showing the streets, lots, easements, storm drains, index, and vicinity map shall be included.

9. In instances where uncertainty exists, the final form of all plans shall be approved by the director of engineering and survey services.

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, and shall be submitted with the appropriate fees. Improvement plans shall not be reviewed until the engineering and survey services department has determined that the submittal is complete.

D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, paving design, feasibility studies, water system calculations, bond estimates, and any structural calculations, as may be required, shall be submitted with the improvement plans to the director of engineering and survey services. All calculations shall be legible, systematic and signed, sealed and dated by a registered civil engineer licensed by the state of California and in a form approved by the director of engineering and survey services.

E. Benchmark Information. Two (2) complete sets of benchmark information (used and set), tied to county datum, shall be submitted with improvement plans.

F. Review by the Engineering and Survey Services Director. The subdivider shall submit the improvement plans, all computations, and appropriate improvement plan checking fees to the director of engineering and survey services for review. Upon completion of the review, one (1) set of the preliminary plans with the required revisions indicated will be returned to the subdivider's engineer.

G. Approval by the Engineering and Survey Services Director.

1. After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the director of engineering and survey services for signature.

2. Upon finding that all required revisions have been made and that the plans conform to all applicable county ordinances standards, and conditions of approval of the tentative map, the director of engineering and survey services shall sign and date the plans. Where improvements to existing or proposed county-maintained roads are required, the plans shall also be signed by the director of the roads department.

3. Approval of the improvement plans shall not be construed as approval of the grading, street lighting, telephone, cable television, gas, electric service, or other utility plans.

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

H. Revisions to Approved Plans.

1. By Subdivider. 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 director of engineering and survey services or authorized representative, shall be accompanied by revised cronars of the original drawings showing the proposed revision, and shall be signed, sealed and dated by the subdivider's engineer. If the revision is acceptable, the revised cronars shall be submitted, with appropriate fees, to the director of engineering and survey services for approval. Construction related to revised improvement plans will not be permitted to commence until such plans have been approved by the director of engineering and survey services.

2. By the Engineering and Survey Services Director.

a. When revisions are deemed necessary by the director of engineering and survey services to protect 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 signed, sealed and dated, with appropriate fees, to the director of engineering and survey services for approval within the time specified by the director of engineering and survey services.

b. If revisions are deemed necessary by the director of engineering and survey services, construction of all or any portion of the improvements may be stopped until revised drawings have been submitted.

c. The subdivider may appeal revisions required by the director to the board of supervisors by filing an appeal with the clerk of the board following receipt of the request to revise the plans.

I. Plan Checking and Inspection Costs for Revisions. Fees for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be established by resolution of the board of supervisors. The fees shall be submitted, with revised tracings, prior to the approval of the revision by the director of engineering and survey services. Where minor changes are proposed by the subdivider, the director of engineering and survey services may approve the requested minor change, in a form approved by the director, and allow the change to be shown on the record drawings when the project is completed in conformance with Section 18.55.100(D)(1).

(Ord. G-7629 §§ 105, 106, 2007; Ord. G-6533 § 3 (part), 1998)

A. Completion Agreement Required.

1. The subdivider shall enter into an agreement for completion of improvement work, to be effective concurrently with approval of the final map by the board of supervisors or the director of engineering and survey services, as appropriate, which shall require faithful, proper and full completion of all improvement work, required to be done under the provisions of this title, within one (1) year from the date of such approval of the final map, or within such extension of time as may be authorized under Sections 18.25.090 and 18.15.100 of this title. The subdivider shall furnish improvement securities and insurance certificates. The final map shall not be approved until such documents have been filed with the board of supervisors or the director of engineering and survey services, as appropriate, and are in proper form and fully executed.

2. The board of supervisors or the director of engineering and survey services, as appropriate, shall have discretion to require each completion agreement to contain provisions, in addition to those mentioned in this title, as it may deem to be in the public interest, for the proper protection of the county, its governing board, officers, employees and agents, and necessary for the prompt and faithful completion of such improvement work.

3. The form of completion agreements, securities and related documents shall be subject to approval by the county counsel.

4. The provisions contained in completion agreements shall conform substantially to the applicable provisions of this title.

5. The subdivider's surety shall endorse its consent on the completion agreement; provided, however, that failure of the surety to do so shall not affect the validity of such agreement nor the validity of the security.

6. No limitation upon the liability of a corporate surety shall be construed as a limitation on the liability of the subdivider.

7. The liability of the subdivider shall not be deemed limited to the amount of the improvement security in any case.

B. Exceptions.

1. This section does not apply to work which has been completed, approved and secured in conformity with Section 18.45.050 of this title.

C. Contents of the Completion Agreement.

1. Specifications. All detailed specifications, plans, profiles and general conditions as may be required by this title and the Kern County development standards, and as may otherwise be necessary for the improvement work to be completed shall be attached to and made a part of the completion agreement and shall be prepared at the expense of the subdivider.

2. Maintenance of Improvements Pending Acceptance or Approval. The subdivider shall maintain all of the improvement work and shall repair or replace any improvement work which may deteriorate or be damaged or destroyed from any cause, subject to release from such obligation by acceptance of such work. The subdivider shall so covenant in the completion agreement.

3. Repair of Damage by Subdivider to Accepted Work. The subdivider shall repair or replace any damage to any of the work which has been accepted or approved by the board of supervisors as may be caused by any other work undertaken by the subdivider or his surety. The subdivider shall so covenant in the completion agreement.

4. Guarantee Against Defects. With respect to improvement work which has been accepted or approved by the board of supervisors or the director of engineering and survey services, as appropriate, the subdivider shall guarantee and maintain the same against any defective work or labor done, or defective materials furnished, in the performance of the completion agreement within one (1) year after the operative date of acceptance or approval of such work by the board of supervisors or the director of engineering and survey services, as appropriate. The subdivider shall, within fourteen (14) days of receiving a notice of defect, correct, repair or replace any and all such defects on demand. The subdivider shall so covenant in the completion agreement.

5. Provisions Not Limitation on Liability. None of the provisions of Section 18.55.070(C)(2) through (C)(4), inclusive, nor any related covenant in the completion agreement, shall be construed as limiting the scope or extent or any liability of the subdivider under the law for any wilful or negligent act or omission of the subdivider, his contractors, agents or employees.

6. Covenant for Drainage Facility Completion. With respect to drainage facilities, the board of supervisors is empowered to require the subdivider to covenant in the completion agreement to carry out any changes or alteration in the design of construction thereof as may appear necessary to the board to protect life or property at any time prior to acceptance of approval thereof.

7. Limited Changes May be Required. With respect to improvement work, including drainage facilities, that may not have been subject to an express agreement, the subdivider shall agree to carry out changes or alterations in the design or construction thereof as may appear necessary to the board of supervisors for the accomplishment of the purposes of this title and the Kern County development standards. The net aggregate cost of such changes or alterations shall not exceed ten percent (10%) of the original estimated overall cost of the improvements described in the improvement agreement. Changes in cost shall take into account the aggregate of additive and deductive changes, and exclude such changes or alterations as may be required under any express agreement.

D. Changes Requested by Subdivider.

1. The subdivider shall not change or alter the design, specifications or mode of accomplishment of the improvement work as provided in such agreement, except as authorized by order of the board of supervisors or the director of engineering and survey services, as appropriate.

2. If any such change or alteration requested by the subdivider shall cause the estimated cost of all work to be done to exceed the liability of his/her surety or security, such security shall be commensurately increased.

E. Increase in Liability on Security Relative to Changes or Alterations.

1. With respect to such changes or alterations as may be approved by a corporate surety, the amount of its liability on the bond to secure faithful performance shall be deemed increased by the amount of the cost thereof, and the bond shall so provide.

2. With respect to such changes or alterations as to which the consent of a corporate surety is not obtained, the amount of its liability on the bond to secure faithful performance shall be deemed increased by the amount of the cost thereof, subject to the limitations in Section 18.55.070(F), and the bond shall so provide.

3. The liability of a corporate surety shall be deemed increased in an amount which is that proportion of the respective amount of increase due to changes or alterations as the original security for payments bears to the original amount of the security for faithful performance, subject to the limitations described in Section 18.55.070(F), and the bond shall so provide.

4. If the improvement security is in a form other than a corporate surety bond, the subdivider shall increase the amount of such security in accordance with Section 18.55.070(E)(2) and 18.55.070(E)(3) as a condition to authorization of any such change or alteration.

5. If a corporate surety bond lacks any or all of the provisions described in this section, the board of supervisors or the director of engineering and survey services, as appropriate, shall require the bond to be amended to so provide, or the amount of the bond to be increased, or additional security to be furnished by the subdivider in conformity with this section, as a condition of authorization of any such change or alteration.

F. Limitation on Liability of Corporate Surety Relative to Changes or Alterations Not Approved by Surety. With respect to such changes or alterations as to which the consent of a corporate surety is not obtained, the amount of increase in its liability under its improvement security for faithful performance and for security for payments to contractors shall not exceed in the aggregate ten percent (10%) of the original amount of such security as fixed by the board of supervisors or the director of engineering and survey services, as appropriate, in any case taking into account both additive and deductive changes and excluding such changes or alterations as may be requested by the subdivider and expressly approved by the surety.

G. Failure to Timely Complete Work or Covenants.

1. If the subdivider or his/her surety shall fail to complete the improvement work or perform his/her covenants faithfully, properly, and in full accordance with the completion agreement, all within one (1) year from the date of approval of the final map by the board of supervisors or the director of engineering and survey services, as appropriate, or within any extension of time as may be authorized, the county shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance. If the improvement security is in form other than a corporate surety bond, the county shall be entitled to draw against such security. In either case, action by the county shall be without any prior notice and without prejudice to any other remedy the county may have in the premises at law or in equity, including, but not limited to, the option to cause the work to be completed or to cause any covenant to be performed under any other applicable provisions of this title.

2. If the board of supervisors determines that any one of the following circumstances exists, the board shall be entitled to give the subdivider or his/her surety fourteen (14) days' written notice to begin the work or perform such covenant and/or to diligently and continuously perform such work or covenant:

a. That the subdivider has failed or neglected to begin the work or any feature of the work within a time which will reasonably allow its completion within the time (or any valid extension of time) provided in the agreement;

b. That the subdivider has abandoned any of the work;

c. That the subdivider has failed to keep the work under direct control of a superintendent, manager, engineer, or other competent agent;

d. That the subdivider (if he/she shall be an individual person) has been declared incompetent, placed under the care of a guardian or conservator, has disappeared, or is deceased;

e. That the subdivider has filed a petition in bankruptcy or has been declared bankrupt;

f. That the subdivider has failed or neglected to timely perform any of his/her covenants in the agreement;

g. That there are any other circumstances showing that the county is not reasonably secure in the proper and timely performance of such agreement or any covenant therein.

3. If the subdivider or his/her surety shall fail to perform within such fourteen (14) day period, the county shall be entitled to exercise its right of recovery upon any corporate surety bond given to secure faithful performance. If the improvement security for faithful performance is in a form other than corporate surety bond, the county shall be entitled to draw against such security. Without any additional notice and without any prejudice to any other remedy the county may have in the premises, either at law or in equity, including, but not confined to, the option to cause the work to be completed as provided in Section 18.55.070(H) or to cause any covenant to be performed under any other applicable provisions of this title.

H. Option of County to Cause Work to be Done or Covenants Performed.

1. In any event mentioned in Section 18.55.070(G), the county shall be entitled, at its option and in the discretion of the board of supervisors, to cause all or any part of the improvement work to be done and/or to cause all or any covenants of the subdivider to be performed, in accordance with the agreement and the specifications therein, for the account and at the expense of the subdivider and his/her surety.

2. If the county shall so elect to cause all or any part of the improvement work to be done, it shall also be entitled, at its option and in the discretion of the board of supervisors, to perform all or any of the covenants of the subdivider for the account and at the expense of the subdivider and his/her surety, without any additional notice.

3. In so doing, the county may cause such work to be done or such covenants to be performed by independent contractors, by county officers and employees, or by the services of any public agency, or public utility company, or by any combination thereof.

4. In so doing, the county may cause any necessary additional planning to be done or specifications to be prepared and may procure or provide such equipment, fuel, materials, labor, supervision, inspection, and expert assistance, insurance and bonds, as may appear reasonably necessary to properly accomplish such work, or the performance of such covenants.

5. In so doing, the county shall be entitled to use, at its option, any equipment, fuel, materials, or other property of the subdivider as may be upon the site for the purposes mentioned in this section, but shall not be limited thereto.

6. The subdivider and his/her surety shall be liable to the county and shall pay county on demand for all expenses incurred by the county in the respects mentioned in this section, including a reasonable amount for the administrative expenses incurred by the county. The maximum liability of the surety in such case shall not exceed the amount of its bond, and any increase thereof under other provisions of this chapter, and such other sums as the surety may be required to pay under the express provisions of the bond. If any suit is brought by the county for recovery from the subdivider of any expenses incurred by the county under this chapter, the subdivider shall pay to the county such reasonable attorney's fees as the court may determine, in addition to costs of suit.

7. The county shall not be required to cause any such work to be done or any such covenant to be performed, to be entitled to recover or have the amount of the faithful performance security.

8. The county shall not be prejudiced with respect to any remedy it may have in the premises, including, but not limited to, its right to recover or have the amount of the faithful performance security, by virtue of its right to cause such work or performing all or any part of such covenant, or by not causing it to be done, or by undertaking to do so and terminating its efforts for whatever cause.

9. The subdivider shall agree to indemnify and defend the county and its governing board, officers and employees from every liability, claim or demand which may arise in connection with the subdivider's performance of improvement work of any damage to any property. The subdivider's surety shall not be deemed liable under this section, unless and to the extent the surety shall undertake the improvement work.

I. Insurance.

1. The subdivider shall agree to secure, maintain, and timely pay all premiums on, and cause its contractors and subcontractors to secure, maintain, and timely pay all premiums on, Workers' Compensation Insurance as required by the California Labor Code and amendments thereto, at all times until their respective work is completed, and furnish to county satisfactory evidence thereof on request.

2. The subdivider shall agree to secure, maintain, and timely pay all premiums on a policy or policies of commercial general liability insurance in the amounts, and with the coverage and endorsements set forth below, in form and with insurance companies satisfactory to the director of engineering and survey services and county counsel, by the terms of which the named insured and additional insureds are indemnified against liability for any bodily injury or death of any person, or any damage to or loss of any property sustained by any person, firm or corporation, and for which the subdivider is legally liable.

3. Said policy or policies shall contain provisions or endorsements as follows:

a. Including the county, its governing board, officers, employees, and agents as additional insureds.

b. Providing commercial general (blanket contractual) liability coverage for the subdivider's indemnity obligations for personal injury or death of any person, or for any damage to or loss of property, and for which the subdivider is legally liable.

c. Providing commercial general (broad form property damage) liability coverage, including, but not confined to, damage caused by blasting, collapse, structural injuries, and to underground utilities. Such policy or endorsement shall not contain the so-called "x," "c," or "u" exclusions.

d. Providing coverage of the subdivider's products and completed operations.

e. Providing "cross liability" coverage as provided under standard ISO forms' separation of insureds clause or commercial general liability insurance ("severability of interest") coverage for all said additional insureds.

f. Providing that any other insurance maintained by the county, its governing board, officers, employees, or agents is excess and not contributing insurance with respect to the insurance carried by the subdivider.

g. Providing that the coverage afforded said additional insureds shall not be prejudiced by any failure of the subdivider or any other person to comply with any notice requirements of such policy.

h. Providing that such policy may not be canceled nor may the coverage thereof be reduced, nor may any provision or endorsement thereof be amended or revised in any manner detrimental to the interests of said additional insureds, until expiration of thirty (30) days after written notice thereof has been delivered to the director of engineering and survey services.

4. The subdivider shall maintain the insurance coverage required in this section and pay all premiums promptly when due, at all times until expiration of one (1) year after all improvement work mentioned in the agreement has been accepted or approved.

5. Prior to, or concurrently with, the filing of the final map with the county surveyor for approval, the subdivider shall file with the county surveyor an approved certificate of insurance showing the insurance coverage required under this section.

6. Within thirty (30) days after approval of the final map, the subdivider shall file the following with the county surveyor:

a. A true copy, certified by the insurance carrier of said policy (or policies) and all endorsement thereon, showing the insurance coverage required under this section; and

b. A true copy of a receipt showing payment of all premiums on such policy or policies.

7. At all times during which the subdivider is required to maintain insurance coverage under this section, there shall be filed with the county surveyor promptly after issuance, a true copy, certified by the insurance carrier, of:

a. Any endorsement of certificate showing renewal of any policy or policies required under this section; or

b. Any policy which renews or replaces any such policy with all endorsements thereon. The filing of any such policy, endorsement, or certificate shall not be deemed to excuse the carrier from furnishing any notices required in Section 18.55.070(I)(3)(h). The subdivider shall also promptly file with the county surveyor a true copy of the receipt showing payment of all premiums due on account of any such renewal or replacement.

8. If at any time during which the subdivider is required to maintain insurance coverage under this section, the subdivider or his/her surety shall fail to maintain the insurance coverage so required, or to promptly pay all premiums thereon when due, or if any policy or policies so required is cancelled or if the coverage therein is reduced or any provision or endorsement therein is amended or revised in any manner detrimental to the interest of said additional insureds, the county shall be entitled to make written demand upon the subdivider for payment of such delinquent premium or replacement of such policy or coverage, provision, or endorsement, as the case may be, and if such default is not cured within seven (7) days from the date of such demand, the county shall be authorized, at its option exercised by and in the discretion of the board of supervisors, to pay all or part of such delinquent premium or to obtain a replacement policy, coverage, provision, or endorsement, as the case may be, similar to that required by this section, provided that by so doing it shall have no obligation to obtain coverage for the subdivider or his/her surety, except at its option; and upon demand the subdivider and his/her surety, jointly and severally, shall be obligated to and shall reimburse the county for any premiums incurred by the county in any such respect.

9. The aggregate limits of said liability policy shall be set by resolution of the board of supervisors.

10. The board of supervisors or the director of engineering and survey services, as appropriate, is authorized to provide in any completion agreement for other or additional coverage or endorsements as it may determine to be in the public interest, or for the proper protection of the county, its governing board, officers, employees, or agents, provided that such coverage or endorsement is generally available to persons doing similar improvement work from insurance companies admitted under the laws of California.

11. The board of supervisors or the director of engineering and survey services, as appropriate, is authorized to provide in any completion agreement, or to amend any completion agreement, to provide for modification or deletion of coverage or endorsements in connection with required insurance coverage, if the board of supervisors or the director of engineering and survey services, as appropriate, determines that such coverage or endorsement is not generally available to persons doing similar improvement work from insurance companies admitted under the laws of California. Insurance coverage shall not be required in those instances where all of the required improvement work has been completed and accepted by the county and a maintenance agreement provided.

J. Completion Agreement for Work to be Done After Certification or Waiver of Parcel Map.

1. In Case of Waiver of Parcel Map. In cases where the requirement for filing a parcel map is waived, unless all of the improvements required as a condition of such waiver have been constructed and approved, the planning director shall not issue a certificate of compliance and no certificate of compliance or other evidence of waiver shall be filed for record, until the improvement agreement and the improvement security have been approved and accepted as provided in this chapter.

2. General Requirements of Agreement. With respect to any required improvements which have not been constructed and approved, the subdivider shall enter into an agreement with the county requiring faithful, proper and full completion of all improvement work required to be done as a condition of approval of the tentative parcel map or waiver of parcel map, as the case may be, within a period of one (1) year from the effective date of such agreement or within any approved extension of time.

3. Effective Date of Agreement. The effective date of such agreement shall be the date the final parcel map is certified by the county surveyor under Section 66450 of the California Subdivision Map Act, or the date the planning director issues a certificate of compliance or other recordable evidence of waiver of parcel map, as the case may be.

4. Improvement Requirements to be Noticed. Requirements for construction of improvements under improvement agreement, as provided in this section, shall be noticed by and referred to in a certificate on the parcel map or on the certificate of compliance or other instrument evidencing the waiver of parcel map, or by a separate instrument, and shall be recorded on, concurrently with, or prior to the parcel map or certificate of compliance or other instrument evidencing the waiver of the parcel map, as the case may be.

(Ord. G-7629 § 108, 2007; Ord. G-6533 § 3 (part), 1998)

As a condition of approval of the final tract or parcel map of a subdivision in which any or all of the required improvement work has been completed and prior to release of the final tract or parcel map for recordation, the subdivider shall enter into a maintenance agreement and provide a good and sufficient faithful performance security as specified by Section 66499 et seq. of the Subdivision Map Act and Section 18.55.090 of this title, conditioned upon maintenance of such improvement work for a period of one (1) year following the completion and approval of all required improvement work against any defective work or labor done or defective materials furnished in the performance thereof, and also conditioned upon the maintenance of the work of improvement against damage thereto after its approval by any other work undertaken by the subdivider. The board in the exercise of its reasonable discretion shall fix the amount of such security as it deems necessary. The form of all documents relating to such security shall be subject to approval by county counsel. The faithful performance security shall be finally released one (1) year following the completion and approval of all required improvement work; provided, that no defective work or labor done or defective materials furnished in the performance of the work has been discovered within such one (1) year period and reported in writing to the board; and further provided that no damage has been done to the required improvement work after its approval by any other work undertaken by the subdivider.

(Ord. G-6533 § 3 (part), 1998)

A. Determination of Amount. The basis for the determination of the amount of security shall be by an estimate of the total cost of improvements prepared by the subdivider's engineer and approved by the director of engineering and survey services. The security shall be of such an amount that includes, but is not limited to, costs for improvements required to satisfy the conditions of approval, details of the improvement plans, insurance, contingencies, inflation, contract administration, superintendence, additional engineering, plan revisions, other agencies inspections and bonds, utility relocation and abandonment and construction staking.

B. Time for Filing. The completion agreement described in Section 18.55.070 shall be secured by an approved good and sufficient improvement security in accordance with Sections 66499 et seq. of the California Subdivision Map Act, which shall be filed with the county surveyor prior to, or concurrently with, the filing of the final tract map or the final parcel map.

C. Security for Faithful Performance.

1. Improvement security shall be provided to secure faithful performance of the completion agreement and the covenants thereof, including, but not confined to, maintenance of improvements pending acceptance or approval, repair of damage to accepted work and guarantee against defects.

2. If provided by corporate surety bond, improvement security shall be in the amount of one hundred percent (100%) of the total estimated cost of the improvement work as determined by the board of supervisors or the director of engineering and survey services, as appropriate. All other forms of improvements security shall be in the amount of one hundred ten percent (110%) of the total estimated cost of improvement work as determined by the board of supervisors or the director of engineering and survey services, as appropriate. When the subdivider has completed a portion of the improvements, which have not been finally accepted or approved by the board of supervisors, the amount of security required for faithful performance may be reduced to allow credit for the completed, but not accepted or approved, work. When a corporate surety bond is used, the faithful performance security shall be of an amount not less than one hundred percent (100%) of the estimated cost of the incomplete work plus ten percent (10%) of the estimated cost of the completed work. When other than a corporate surety bond is used, the faithful performance security shall be of an amount not less than one hundred ten percent (110%) of the estimated cost of the incomplete work plus eleven percent (11%) of the estimated cost of the completed work.

D. Security for Payments of Claims (Laborers and Materialmen).

1. Security shall be provided for payment of all claims and sums mentioned in Section 66499.2 of the California Government Code, including costs, reasonable expenses and fees (including reasonable attorney's fees) incurred in successfully enforcing such obligation.

2. If such security is a corporate surety bond, it shall be in the amount of fifty percent (50%) of the total estimated cost of the work, as determined by the board of supervisors or the director of engineering and survey services, as appropriate, and the obligation to pay such costs, expenses and fees shall be in addition to the face amount of such bond. If such security is other than a corporate surety bond, it shall be in the amount of sixty percent (60%) of the total estimated cost of the improvement work, as determined by the board of supervisors. The board of supervisors has determined that such increased amount is necessary and reasonable to secure payment of such costs, expenses and fees. When the subdivider has completed a portion of the improvements which have not been finally accepted or approved by the board of supervisors, the labor and materialmen security may be reduced to allow credit for the completed, but not finally accepted or approved, work. When a corporate surety bond is used, the labor and materialmen security shall not be less than fifty percent (50%) of the incomplete work, and not less than sixty percent (60%) of the incomplete work when other than a corporate surety bond is used.

E. If a corporate surety shall undertake all or any part of the improvement work, it shall be deemed to be subject to all of the covenants and guarantees of the subdivider as in completion agreement provided, except that the liability of the surety for faithful performance of the completion agreement shall not exceed the amount of its bond under other provisions of this chapter, and such other sums as the surety may be required to pay under the express provisions of the bond.

F. The completion agreement may be amended by mutual agreement of the subdivider and the county, and extensions of time may be granted by the county for completion of the work or for the performance of any covenant therein or any act thereunder, and the county may waive the performance of the agreement in any respect, at any time and from time to time, without notice to or consent of the surety, and without prejudice to right of the county to recover against the surety upon the bond, all of which the surety shall authorize the county to do, subject to the provisions of this chapter respecting limitations on liability of the surety relative to changes or alterations.

G. Each corporate surety bond shall contain the following provisions:

1. Neither the death, bankruptcy, nor incapacity of the subdivider, nor any sale, conveyance, assignment, or other transfer of any of the land within the subdivision or interest therein, whether voluntary, involuntary or by operation of law, shall in any manner affect the obligations and liability of the surety under the bond.

2. If any suit be brought by the county for recovery of any sum due under a corporate bond, the surety shall pay to the county, in addition to the other obligations under the bond, such reasonable attorney's fees as the court may determine, in addition to cost of suit.

3. The place of performance of the obligations of the subdivider and his surety shall be the county of Kern, state of California.

4. Any notice required to be given to the surety may be given by personal service or by placing it in the United States mail, postage prepaid, addressed to the surety at the address set forth in its bond, or if the surety fails to set forth such address, then addressed to the surety at any of its offices.

H. Letters of Credit as Improvement Security.

1. A letter of credit is authorized for use as subdivision improvement security in lieu of a corporate surety bond, provided that the bank or savings and loan institution issuing same:

a. Is subject to regulation by the state or federal government;

b. Has offices in the state of California;

c. Is a member of the Federal Deposit Insurance Corporation; and

d. Has capital funds, represented by capital, surplus and undivided profits of at least ten million dollars ($10,000,000.00).

2. Any security for faithful performance shall be separate in form and amount from any security for payment to contractors.

3. In accordance with Section 66499.6 of the California Government Code, such security shall be held by the county as a trust fund to guarantee and secure performance of the subdivider's obligations, and shall not be subject to levy or attachment by any creditors of the subdivider or other depositor thereof, except when and to the extent that it is reduced or released pursuant to Section 18.55.130.

4. A letter of credit shall, by its terms, require payment to the county, or on its draft drawn against it, of the full amount thereof, or lesser amounts from time to time, on delivery to the issuer of a certified copy of any of the following:

a. An order of the board of supervisors showing its determination:

i. In case of security for faithful performance, that the subdivider has failed or neglected to perform one (1) or more covenants or obligations mentioned in this chapter;

ii. In case of security for payment to contractors, etc., that the subdivider has failed or neglected to pay any claim mentioned in Section 66499.2 of the California Government Code.

b. A judgment of a court competent jurisdiction:

i. In case of security for faithful performance, for recovery by the county of damages for breach of any covenant of the subdivider in the improvement agreement;

ii. In case of security for payment to contractors, or others, for recovery on any claim mentioned in Section 66499.2 of the California Government Code or for costs, expenses and fees therein mentioned.

c. An order of the board of supervisors showing its determination that the letter of credit will expire within sixty (60) days, and the subdivider has failed to furnish county with a new letter of credit, or other form of security.

5. The expiration date of a letter of credit shall not be sooner than one (1) year with a one (1) year automatic renewal from and after approval of the final map and completion agreement or approval of the maintenance agreement.

6. The subdivider shall covenant with county that he/she shall furnish a new letter of credit or other form of security at least sixty (60) days prior to expiration of the letter of credit initially furnished, in the same amount, adjusted for any increases or reductions and that, if he/she shall fail to do so, the full amount of the letter of credit shall be forthwith payable to the county, whereupon the proceeds shall be held in trust by the county for like security purposes. Any sum so paid to the county may be deposited by it in banks or otherwise invested in the manner provided by law for trust funds in its custody, in which case the county shall be entitled to retain all interest, if any, earned thereon.

7. A letter of credit shall, by its terms, require the issuing bank or savings and loan institution to agree to pay to the county all costs and reasonable expenses and fees, including reasonable attorney fees, as may be awarded by the court, incurred by the county in successfully enforcing any obligation under it or under any draft drawn by the county on it.

8. The board may make an order authorizing the subdivider to use several forms of security provided for this chapter or to substitute any such form of security for other security previously furnished. The form of any other type of improvement security authorized by law shall be subject to approval by county counsel and shall contain such further appropriate provisions as may be deemed necessary by county counsel or the board of supervisors.

(Ord. G-7629 § 110, 2007; Ord. G-6533 § 3 (part), 1998)

A. Improvement work which is subject to a completion agreement shall be subject to inspection and approval by the engineering and survey services department. Fees for the inspection shall be submitted before any of the improvement plans are signed by the director of engineering and survey services; such fee shall be established by resolution of the board of supervisors.

B. Reasonable rules may be adopted by the board of supervisors for procedures and forms relating to inspection and approval of improvement work. Supplemental rules may also be established by the county official responsible for inspection for such work by filing such rules with the board of supervisors.

C. The board of supervisors may authorize inspection and acceptance or approval in separate units, in its discretion, in the case of:

1. A distinct area of the subdivision in which all improvement features will be completed at the same time, and which area will thereafter have all required access, improvements and services independent of any incomplete work in other areas, and which will not be subject to interference from or damage by incomplete work or the doing of any work; or

2. A distinct feature of the improvement work which will be fully completed, and which will not be subject to interference from or damage by any incomplete work or the doing of any work;

3. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter.

D. Certificate of Inspection.

1. When all of the required improvement work or a separate unit of the work has been properly and fully completed in accordance with completion agreement, in the case where the final tract or parcel map has been recorded, and the improvement plans and conditions of approval in the case where the work has been fully completed prior to recordation, the subdivider may apply in writing for inspection thereof. With his/her application, the subdivider shall furnish as requested the following documentation:

a. Acceptance letters from the water purveyor and sanitary sewer operator for whom the subdivider has furnished, constructed and/or installed improvements;

b. Copies of finaled, accepted, approved or completed building permits, grading permits, and/or encroachment permits for work, facilities and improvements the subdivider has furnished or constructed;

c. In the case of final tract maps, a letter from the subdivider's engineer stating he/she has installed the temporary and permanent survey monuments and has been paid for his/her work;

d. Signed, sealed and dated record (as-built) drawings of the improvement plans prepared by a civil engineer. The record drawings shall include all minor changes approved by the director of engineering and survey services during the course of construction. Fees for processing the record changes shall be established by resolution of the board of supervisors and shall be submitted with the record drawings. Once the minor changes have been placed on the tracings by the civil engineer, the civil engineer responsible for the record drawings signs, seals and dates the drawings.

2. The responsible county official shall cause such inspection to be made within a reasonable time, and if he/she finds such work or unit thereof to have been properly and fully completed in accordance with such agreement and the rules relating to inspection, he/she shall certify such fact in writing.

3. Such certificates shall be delivered to the county surveyor, and when he/she has received all certificates pertaining to work or such separate unit of work, he/she shall within a reasonable time deliver the same to the clerk of the board of supervisors or the director of engineering and survey services, as appropriate.

E. If the board of supervisors finds that such work or unit thereof has been faithfully, properly and fully completed in accordance with such agreement and the rules relating to inspection, the board of supervisors or the director of engineering and survey services, as appropriate, shall make an order accepting or approving the work of improvement or completed unit thereof. Such order shall be deemed operative from the time the certificate of inspection was delivered to the clerk of the board.

F. No order accepting or approving any work shall be deemed to be an acceptance of any improvement as a part of the county road system or county drainage sump or easement, nor as acceptance of any offer of dedication, unless a resolution effectuating such acceptance has been adopted by the board.

G. In special circumstances, the director of engineering and survey services may require the subdivider to provide additional inspection of the required improvements or a portion thereof and certification of the completion of the improvements by a registered civil engineer.

(Ord. G-6533 § 3 (part), 1998)

A. Agreement for Completion of Monumentation.

1. Where improvement work is to be completed following approval of the final tract map or final parcel map, if monuments are required to be set, under a completion agreement, the subdivider may enter into agreement with the county to place nonpermanent and permanent monuments (excepting those required for exterior boundaries of a final tract map) within a period of one (1) year from the date of approval of the final tract or parcel map or within such extension of time as may be authorized by the board for completion of the improvement work, in lieu of the requirement relating to time of placing such monuments.

2. Such agreement shall conform to Section 66495 of the Subdivision Map Act and shall contain such other provisions as the board may deem to be in the public interest. The form of such agreement shall be subject to approval by county counsel.

3. The board, in its discretion, may authorize such agreement also where improvement work has been completed prior to approval of the final tract or parcel map or where there is no requirement for a completion agreement for improvement work, in which case such agreement shall provide for placing such monuments within one (1) year from the date of approval of the final tract or parcel map.

4. The provisions of this section do not apply to permanent monuments required for the exterior boundaries of a final tract map.

B. Bond or Cash Deposit to Secure Payment of Cost of Monumentation.

1. Payment of the cost of proper placing of monuments pursuant to the agreement mentioned in Section 18.55.110(A)(1) shall be secured in the manner provided in this section by a deposit of cash or a corporate surety bond or other security authorized by law in such cases.

2. Such security shall be filed with the county surveyor and shall be filed by him/her with the clerk of the board of supervisors prior to approval of the final tract or parcel map.

3. The amount of such security shall be the cost of proper placing of such monuments, as estimated by the county surveyor.

4. The instrument evidencing such security shall conform to Section 66499 et seq. of the Subdivision Map Act and shall contain such other provisions as the board may deem to be in the public interest. The form of such instrument shall be subject to approval by county counsel.

5. If such security is a corporate surety bond, it shall contain substantially the provisions of this chapter.

6. If such security is in the form of cash, it shall be submitted to the county surveyor in the form of a cashier's check or certified check and, following approval of the final tract or parcel map, shall be deposited in the county clerk's trust fund or such other county fund as the board may direct.

7. Release or other disposition of such security shall be subject to Section 66499 et seq. of the Subdivision Map Act and terms of such agreement and the instrument evidencing such security; provided, however, that such security shall not be released or returned in any case until the county surveyor has certified that all nonpermanent and permanent monuments required for the final tract or parcel map have been properly placed, and that all work in connection therewith has been satisfactorily completed in accordance with applicable provisions of the statutes and this chapter and the terms of such agreement, and such certificate has been filed with the board.

(Ord. G-6533 § 3 (part), 1998)

A. The board of supervisors, upon a showing of good cause by the subdivider, may authorize an extension of time for completion of improvement work under any agreement subject to this chapter, for a period of not more than one (1) year, or for one (1) or more additional successive periods of not more than one (1) year each; provided, however, that the aggregate of the time authorized for the completion of the improvement work shall not exceed five (5) years from the date of approval of the final tract or parcel map, unless otherwise approved by the board of supervisors.

B. Each such extension of time shall be subject to written agreement between the county and the subdivider.

C. If the subdivider has filed a corporate surety bond to secure faithful performance, no such extension shall be granted nor be of any effect unless the surety has authorized such extension under the provisions of the bond, or shall consent to such extension of time in writing otherwise.

D. As a condition of approval of any such extension of time, the board of supervisors may require additional improvement security, if it is determined that the security on file may be insufficient to cover the cost of completion of all improvements.

E. The board of supervisors shall have discretion to grant such extensions of time as to certain areas of improvement features, and deny such extensions of time as to others, as may appear to be in the public interest.

F. Fees for administration of extensions of time and additional inspection during the next one (1) year period shall accompany the written agreement; such fees shall be established by resolution of the board of supervisors.

(Ord. G-6533 § 3 (part), 1998)

(Ord. No. G-8150, § 2, 5-10-11)

A. When all improvement work or portion thereof as allowed by Section 18.55.100(C) has been completed and certified in conformance with the approved plans and/or improvement agreements and this chapter, the board of supervisors shall consider the improvements for approval and acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

B. If the board of supervisors accepts and approves the completed improvements, and if on the board of supervisors certificate on the face of the tract map, the public improvement dedications were accepted subject to improvement, or if an irrevocable offer of dedication for public improvements accompanying a final tract or parcel map has not been accepted, then the board of supervisors shall, by resolution, order the public roadway improvements to be accepted, declared a public highway and incorporated into the county road system, or by resolution order the public drainage improvements to be accepted and declared a county drainage easement or county drainage sump.

C. Where All Work Accepted or Approved.

1. When the board of supervisors makes an order accepting or approving all of the improvement work, an order shall also be made releasing the improvement security for faithful performance, provided that such order shall contain provisions to retain security for the guarantee against defects which shall be ten percent (10%) of the amount of such lesser or greater amount as may be determined to be necessary under the circumstances; and provided further, that such order shall contain provisions to retain therefrom a reasonable amount to secure performance or payment of any obligation of the subdivider arising from failure to perform any covenant.

2. When the board of supervisors makes an order accepting or approving all of the improvement work, the subdivider and his/her surety shall be deemed released from liability with respect to maintenance of improvements from the date such order is operative, excepting such obligations as may have accrued prior to the time such order is operative.

D. Where Separate Unit of Work Accepted or Approved.

1. When the board of supervisors makes an order accepting or approving a separate unit of the work, the improvement security for faithful performance shall be reduced in an amount commensurate with the unit of work completed and which will leave adequate security for completion of the remaining work, as determined by the board of supervisors, in its discretion, and for the purposes mentioned below in this section.

2. In such case, the board of supervisors shall order retained security for the guarantee against defects, which shall be ten percent (10%) of amount of the unit of work completed, or such lesser or greater amount as may be determined to be necessary under the circumstances.

3. In such case, the board of supervisors shall order retained a reasonable amount to secure repair of damage to completed work.

4. In such case, the board of supervisors shall order retained a reasonable amount to secure performance or payment of any obligation of the subdivider arising from failure to perform any covenant, including, but not limited to, any obligations which may have accrued.

5. When the board of supervisors makes an order accepting or approving a separate unit of work, the subdivider and his/her surety shall be deemed released from liability with respect to maintenance of the work so accepted or approved from the time such order is operative, excepting such obligations as may have accrued prior to the time such order is operative.

E. Release of Security Retained for Guarantee Against Defects.

1. Upon the expiration of one (1) year following the completion and acceptance of the work, the security retained for the guarantee against defects shall be released; provided, that no defective work or labor done, or defective materials furnished in the performance of the work has been reported in writing and delivered to the clerk of the board of supervisors at any time within one (1) year after the operative date of acceptance or approval of such work by the board of supervisors or the director of engineering and survey services, as appropriate.

2. In case such security is retained on account of such defect, it shall be released when all such defects have been corrected, repaired, or replaced by the subdivider or his/her surety.

F. Upon the expiration of that period of time within which claims of liens are required to be recorded pursuant to Article 3 (commencing with Section 3114 et seq.) of the Civil Code, and after the completion and acceptance of all the work of improvement, the improvement security for payment to the contractors and others may be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the board of supervisors. In case no such action has been filed, such improvement security may be released in full.

G. The board of supervisors may by order, from time to time, authorize the director of engineering and survey services to release or reduce any such improvement security in accordance with the provisions of this chapter and to certify such release or reduction.

(Ord. G-6533 § 3 (part), 1998)