Lincoln Municipal Code Ch. 17.40 Improvements

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

(Ord. 324B §9-1, 1977)

(a) Improvement plans shall be prepared by or under the supervision of a registered civil engineer and shall conform to the improvement standards specified in this chapter and any other applicable improvement standards adopted by the council. The plans shall show full details of all improvements required to be installed and of all other improvements proposed to be installed by the subdivider within a street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross-sections, profiles, estimated costs and specifications. The form, layout, scale and other particulars of the plans and the number of copies to be provided shall be in accordance with the requirements of the city engineer.

(b) The final map shall not be deemed to be submitted for approval until the preparation of the plans is completed and the plans have been accepted by the city engineer.

(c) Standard engineering fees to be charged by the city for the checking of any plans by the city engineer shall be determined by resolution of the council.

(Ord. 324B §9-2, 1977)

The improvement plans shall have been approved by the city engineer prior to the commencement of any work or improvement.

(Ord. 324B §9-3, 1977)

Utility lines, including but not limited to electrical, natural gas, telephone, cable television and street lighting service lines shall be underground. Pertinent equipment such as transformers, terminal boxes and meter cabinets may be placed above ground when in the opinion of the city engineer it is impractical under the circumstances to place them underground.

(Ord. 324B §9-4, 1977)

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

(Ord. 324B §9-5, 1977)

All improvements shall be constructed under the inspection of the city engineer. The subdivider shall pay the city a fee to defray the city's cost in making such inspections. The rate of the inspection fees shall be determined by resolution of the council.

(Ord. 324B §9-6, 1977)

The improvements required by this chapter shall consist of all of the following work unless otherwise provided herein, and such other work as may be required as a condition of approval of a tentative map. Construction of the improvements shall begin within a year of the approval of the final map:

(1) Construct and install all drains, drainage facilities, channeled improvements and other drainage works;

(2) Construct and install concrete curbs, gutters and sidewalks, and street paving;

(3) Install or provide for the installation of water mains, sanitary sewers, storm drains, necessary appurtenances and all laterals required to serve each lot as required by the tentative map;

(4) Relocate and provide for the relocation of any underground or overhead utility the relocation of which is caused by development of the subdivision;

(5) Install pavement for pedestrian ways and bike ways as required;

(6) Provide for the planting of trees in accordance with approved plans and specifications. Tree planting plans must show proposed and existing public improvements and shall include irrigation plans;

(7) Install all required street signs;

(8) Construct and install street barricades, guard rails, retaining walls and safety devices when required;

(9) Construct such acceleration and deceleration lanes and traffic channelization devices as are deemed necessary by the city engineer;

(10) Erect such fencing, screening or barriers as may be required for protection from hazardous facilities;

(11) Provide sound-reduction barriers as required for implementation of the noise element of the general plan;

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

(13) Install or provide for the installation of fire hydrants, gated connections and appurtenances to provide adequate fire protection in accordance with applicable improvement standards of the city.

(Ord. 413B §2, 1982; Ord. 360B §15, 1979; Ord. 324B §9-7, 1977)

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

(Ord. 324B §9-8, 1977)

If the required improvements are not satisfactorily completed before a final map or parcel map is filed with the city engineer, the subdivider shall enter into an agreement with the city to make all improvements as may be required upon approval of such map. The improvement agreement to be executed by the subdivider shall be in writing, and shall be approved as to form by the city attorney.

(Ord. 324B §9-9, 1977)

The improvement agreement referred to in Section 17.40.090 shall be secured by one of the following:

(1) A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed by the Subdivision Map Act;

(2) A deposit either with the city or a responsible escrow agent or trust company selected by the city of cash or negotiable bonds of the kind approved for securing deposits of its public moneys;

(3) An irrevocable instrument of credit from one or more responsible financial institutions regulated by federal or state government and pledging that the funds are on deposit and guaranteed for payment on demand by the city.

(Ord. 324B §9-10, 1977)

The improvement security shall be provided in the amount of:

(1) One hundred percent of the total estimated cost of the improvement or act to be performed, conditioned upon the faithful performance of the act or agreement;

(2) One hundred percent of the total estimated cost of the improvement or act to be performed, securing payment to the contractor, the subcontractor and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

(3) The amount determined by the council to be necessary to guarantee or warrant the work for a period of one year following completion or acceptance thereof against any defective work or labor done, or defective materials furnished;

(4) If the improvement security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional amount shall be included as determined by the council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in enforcing the obligation secured. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

(Ord. 324B §§9-11-9-11.4, 1977)

Release of the improvement securities mentioned in Section 17.40.110 shall be as provided in the Subdivision Map Act.

(Ord. 324B §9-11.5, 1977)

Curbs, gutters, sidewalks and street paving shall be installed for the full width of any unimproved public street, within or abutting the subdivision, and any extension thereof as may be reasonably necessary to connect such improvements with any existing improved portion of such street or a connecting street.

(Ord. 342B §1, 1978: Ord. 324B §9-12, 1977)