Article IV — IMPROVEMENTS

The subdivider shall improve all streets, highways, public ways, alleys and easements which are a part of the subdivision. All such improvements shall be constructed under the supervision of the Town Engineer or the Town Engineer's authorized representative and in accordance with such standards as exist or may be established from time to time by the Town Council, and shall be installed to the grades approved by the Town Engineer on the improvement plans.

(Code 1968, § 27-31)

Plans, profiles, other drawings and specifications for subdivision improvements shall be furnished to the Town Engineer not later than the time of submitting the final map, and such plans, profiles and specifications shall be subject to the approval of the Town Engineer before any such final map shall be approved and prior to beginning any construction within the limits of the proposed subdivision. Upon approval of the improvement plans, the Town Engineer shall be furnished one (1) sepia and three (3) blueline sheets of each page of the plans.

(Code 1968, § 27-32)

(a)

If any subdivision improvement is not completed to the satisfaction of the Town Engineer before the final map is recorded or filed, the subdivider shall, prior to the approval by the Town Council of the final map, enter as contractor into an agreement with the Town whereby, in consideration of the acceptance by the Town of some or all the dedications offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement.

(b)

Such agreement may provide for the improvements to be installed in units, for extensions of time under specified conditions or for the termination of the agreement upon a reversion of the subdivision or a part thereof to acreage.

(Code 1968, § 27-33)

State Law reference— Agreements relating to improvements not completed, Gov. Code § 66462.

(a)

The agreement referred to in section 24.40.020 shall be accompanied by a faithful performance bond guaranteeing the faithful performance of the agreement or contract, in a sum equal to one hundred (100) percent of the total estimated cost of the improvements (including design engineering and inspection costs), together with an additional bond securing payment to the contractor, subcontractors and to persons renting equipment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, also in a sum equal to one hundred (100) percent of the total estimated cost of the improvements.

(b)

In lieu of any faithful performance bond required by this section the subdivider may deposit with the Town Council a sum of money equal to the required amount of such bond as security for the faithful performance thereof.

(Code 1968, § 27-34)

The Town Engineer, or the Town Engineer's authorized representative, shall have the right to enter upon the site of any subdivision improvements for the purpose of inspecting the same and shall be furnished with samples of materials as may be required for the making of tests to determine the acceptability of such materials.

(Code 1968, § 27-35)

(a)

If, during the construction and installation of any subdivision improvements, the Town Engineer or authorized representative notes that such work is not being installed as outlined in the improvement plans or to standards of the Town, the Town Engineer shall have the right to order the contractor to cease work immediately and not continue until the deficiencies have been corrected. If such verbal orders to cease work are not complied with, such order shall be reviewed within one (1) hour by either the Town Engineer, the Assistant Town Engineer, or the Assistant Civil Engineer. If such order is found to be reasonable by the reviewing Engineer, such order shall be confirmed by written order to cease work delivered to the contractor or the contractor's construction foreman by the reviewing Engineer or authorized representative.

If such written order is not complied with, the Town shall exercise the employment of any police power deemed necessary to insure the cessation of such improper construction activities.

(b)

Any work installed by the contractor, after verbal notice to cease work has been given, shall not be accepted by the Town.

(Code 1968, § 27-36)