Chapter 17.48 — IMPROVEMENT STANDARDS AND PROCEDURES—MINIMUM REQUIREMENTS

Editor's note— Ord. No. 278U, § 1 (Exh. A), adopted February 7, 2012, amended Chapter 17.48 in its entirety to read as herein set out. Former Chapter 17.48, §§ 17.48.010—17.48.070, pertained to similar material, and derived from Ord. No. 278, 1963; Ord. No. 278-A, 1964; Ord. No. 278-D, Ord. No. 278-H; Ord. No. 278-J, 1977; Ord. No. 542, 1991 and Ord. No. 278N, 2004.

The applicability, design and construction of all waterworks facilities shall be in accordance with the provisions of state law and Article I of Title 13 of this code. A water system with service to each parcel shall be installed in each and every subdivision created within Madera County located below the five hundred- foot contour elevation. For subdivisions and parcel maps located above the five hundred-foot contour, a water system shall be installed in all land divisions with lots less than three acres in size (gross acreage). Water systems in subdivisions shall be operated as a public utility as authorized by the public utilities commission of the state, or be served by a district or public agency for which the board of supervisors is the board of directors and which is authorized by law to provide the water needs. Alternatives to county maintenance districts will be allowed subject to obtaining approved infrastructure plans by the planning commission and board of supervisors. Water supply information acceptable to a certified hydrogeologist or a civil engineer is required for all land divisions with parcel sizes three acres or larger. If adequate existing water supply information is not available, well drilling and testing may be required on parcels specified by the environmental health department.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The applicability, design and construction of all sewage disposal facilities shall be in accordance with the provisions of state law and Article II of Title 13 of this code; provided, that in addition to any and all of said requirements, all proposed subdivisions in the county west of the elevation line designated as the "five hundred-foot contour line" in the foothills of the county shall have installed community sewer disposal systems or an executed contract with an adjoining community sewer system, to which all of the lots within the proposed subdivision shall connect. The county strongly recommends community sewer systems for all subdivisions within the county, but subdivisions proposed east of said five hundred-foot contour line will be considered as to the appropriate installation of septic tanks for each lot therein, when such installation is not in conflict with the sewer ordinance of the county.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The subdivider shall cause to be prepared by a registered civil engineer a flood control and drainage works plan showing plans, profiles, specifications and details of proposed improvements in sufficient detail to enable the county engineer and the county road commissioner to determine the adequacy of the proposed construction and compliance with Section 17.28.030.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

In order to re-divide a lot or lots in an existing subdivision, a complete new subdivision plan and maps shall be required.

The subdivision can be, by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. (Section 66424)

A.

Nothing shall prevent a purchaser of a unit of land created under the provisions of this division or a local ordinance enacted pursuant thereto, from subdividing the land one or more times, pursuant to the provisions of this division prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided.

B.

Nothing contained in this chapter shall prevent the same subdivider of a unit of land created under the provisions of this division, or a local ordinance enacted pursuant thereto, from making consecutive subdivisions of the same parcel or any portion thereof.

C.

Further, local agencies shall not, by ordinance or policy, prohibit consecutive subdivision of the same parcel or any portion thereof either by the same subdivider or a subsequent purchaser because the parcel was previously subdivided.

D.

Nothing contained in this section shall limit the authority of a local agency to impose appropriate conditions or requirements on the consecutive subdivisions. (Section 66424.1)

E.

Upon filing of a new map or maps, the county may specify additional requirements for roads, water systems, sewer systems, etc. For those subdivisions with lot sizes of three acres or larger, located above

the five hundred-foot contour elevation, a redivision of any lot or lots which creates parcels less than three acres in size shall have as a minimum requirement the installation of a public water system to serve all lots.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Curbs, gutters and sidewalks, when required shall be installed in accordance with the requirements of the county road commissioner and county road standards.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Street lighting may be required and shall be of a type approved by the county engineer.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Provision shall be made for railroad and canal crossings, and other public or private utility crossings necessary to provide access to or circulation within the proposed subdivision, including the obtaining of all necessary permits from the public and private utilities involved and all regulatory agencies having jurisdiction. The cost of such crossings shall be paid by the subdivider.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).