Chapter 17.72 — PARCEL MAPS

Prior ordinance history: Ords. 298-B-188, 298-B-201, 298-B-257, 298-B-288, 304, 304-A, 304-B, 304-C, 304-D, 304-E, 304-F, 378, 385, 404, 404-A, 404-B, 404-C, 404-D, 404-E, 404-H, 404-I, 404-J, 404-K, 449- A, 469, 542 and Res. 72-539A.

This chapter shall be known as the "Parcel Map Ordinance."

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The purpose of this chapter is to promote the orderly development of the land within the unincorporated area of the county wherein this land does not constitute a subdivision which requires a tentative and final map within the meaning of the Subdivision Map Act of the state; to protect purchasers and surrounding land owners; to prevent circumvention of existing subdivision, zoning and building ordinances and regulations; and to insure the reservation of adequate streets for vehicular traffic and adequate access to land so divided; to assure compliance with the sewer and water ordinances of the county; and to avoid danger and expense to the public through adequate control and regulation of surface drainage; and to provide for the local administration of the State Subdivision Map Act as embodied in Title 7 of the Government Code, commencing with Section 65000.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

"Director of planning" and "director," shall mean the chief of development services of the County of Madera and is hereby designated by the board of supervisors as the designated official with authority to approve or disapprove parcel maps and parcel map waivers.

"Division" means "subdivision" as defined in Section 66424 of the California Government Code and which results in a division of a parcel as shown on the "last assessment map."

Last Assessment Map. Any reference to the "last assessment map" in this chapter means the master Parcel Map dated March 1, 1967, and designated as assessor's books 64, 65 and 66 on file in the office of the planning director of the county.

Parcel Map Committee. If convened by the director under Section 17.72.040, the parcel map committee is chaired by the planning director or his appointee and consists of a representative from the engineering department, environmental health department, fire department, road department, planning department, and the assessor's office is the designated official or official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by this chapter to approve, conditionally approve or disapprove maps. The parcel map committee is hereby designated as the advisory agency to the director and the board of supervisors on all matters related to the division of land by parcel map.

"Tentative parcel map" means "tentative map" or "vesting tentative parcel map." "Vesting tentative parcel map" means a tentative map that confers a vested right to proceed with residential or non-residential development in substantial compliance with the ordinances, policies and standards in effect at the time the application for a vesting tentative parcel map is determined to be complete and subject to the provisions of 4.5 of the Subdivision Map Act.

(Ord. No. 696, § 1, 5-17-22; Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The director may convene a meeting of a parcel map committee, composed of the county assessor, the county road commissioner, the county planning director, the county environmental health director, the county fire department and the county surveyor; or, in their absence, duly authorized deputies, and such other county officials as may be needed.

(Ord. No. 696, § 2, 5-17-22; Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The director shall act as chairman of the parcel map committee and all files and records shall be maintained in and by the planning department.

(Ord. No. 696, § 3, 5-17-22; Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Every person acting as grantor, grantee, vendor, vendee, purchaser, buyer, broker for any such person, escrow agent for any such person or agent of any such persons, shall divide or participate in the division of

any parcel of land as the same appears upon the master parcel map on file in the office of the planning director, shall so divide the land in compliance with this chapter, except a subdivision, which requires a tentative and final map as provided for in the Subdivision Map Act (Government Code Section 66410, et seq.)

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The parcel map shall be prepared by a registered civil engineer or licensed land surveyor, licensed in the state of California. The parcel map shall conform to all the following provisions:

A.

The map shall be clearly and legibly drawn on good quality tracing cloth or polyester based drafting film. If polyester based film is used, it shall have a minimum of four mils and shall be of a washable type. It shall include certificates, except that such certificates may be legibly stamped or printed upon the map with opaque ink when approved by the county recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to insure permanent legibility.

B.

Minimum lettering size on any part of the map including certificates and legal descriptions shall be legible.

C.

The size of each sheet shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

D.

The exterior boundary of the land included within the parcel map shall be indicated by a bold line of approximately one-eighth of an inch in width.

E.

Each parcel shall be numbered.

F.

The map shall show the definite location of the original parcel or parcels, and particularly its relation to surrounding surveys, based upon a field survey made in conformity with the Land Surveyors Act when the area of a parcel is less than forty acres. When the area of a parcel is forty acres or more, the boundaries of that parcel map may be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel if the location of at least one of these boundary lines can be established from an existing monumented line. All existing structures and

improvements located on the original parcel, together with their dimensions; the distance between structures and to the boundary; and the number of stories or the height of each structure. The map shall show any significant natural features or improvements within two hundred feet of the proposed parcels that have a direct bearing on the useable area of the parcels.

G.

The location and name of all streets; center lines of streets; the length, tangents, radii, central angle and radial bearings of curves; the total width of each street and the width on each side of the centerline; the width of the portion of the street being dedicated and the width of any existing dedication. All street and road construction shall take place within dedicated rights-of-way and private access easements. Therefore, new rights-of-way shall be of sufficient width to allow construction of the required road section plus cut or fill slopes in accordance with county requirements. An offer of dedication of land for street, highway or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such land unless, and only to the extent, an intent to dedicate such facility is expressly stated in the certificate. Private access easement shall be of sufficient width to allow construction of the required road section, cuts and fills may be outside the boundaries of the easement.

H.

The location and dimensions of any public areas, and the acreage contained therein to the nearest one- hundredth of an acre.

I.

Locations and widths of drainage channels, flood lines and flood hazard boundaries. Locations of existing and proposed flood controls works.

J.

Locations and widths of railroad rights-of-way. Identify the owner.

K.

Waivers of rights of access to and from highways and water courses, where appropriate.

L.

Locations, widths and names of streets and alleys adjacent to the subdivision.

M.

All parcels will front a public road unless zoning allows for private roadways or as otherwise allowed by the Subdivision Map Act.

N.

Indicate net dimensions of each parcel.

O.

All dimensions shall be given in feet and hundredths of feet.

P.

All angles shall be given in degrees, minutes and seconds, to the nearest second.

Q.

Location and description of suitable primary survey control points including section corners or other monuments accepted outside the boundary of the subdivision when appropriate.

R.

Boundaries of easements or private rights-of-way abutting or traversing any part of the original parcel. These boundaries shall be shown by means of a dotted line and the name of the person or firm holding right-of-easement or right-of-way shown on the map.

S.

At the time of making the survey for the final map, the engineer or surveyor shall set durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code at the angle points along the exterior boundary of the original parcel, along the division lines and along the limiting lines of highways, roads or streets.

T.

Date of preparation and issuance of soils report, together with the name of the engineer or engineering firm that prepared the report. Soils report shall include: percolation rates for sewage disposal; R-values for road construction with test locations consistent with proposed road alignments and is sufficient number as approved of by the road commissioner; a determination as to whether the soil is expansive or not, and if expansive minimum recommendations for foundation requirements for single family dwellings; and slope stability analysis for proposed cuts or fills greater than 2:1. This requirement may be waived at the discretion of the county engineer.

U.

Submit a computer disk or a coordinate sheet printout listing all boundary points and closure information for the original parcel and all parcels created by this map. If the map is produced using a CAD program, a disk containing the .dwg or .dxf file is acceptable.

V.

Certificates shall appear on a parcel map as follows:

"APPLICANT'S CERTIFICATE

I hereby apply for approval of the division of real property shown on this parcel map and certify that I am the legal owner of said property and that the information shown hereon is true and correct to the best of my

knowledge and belief.

---

(Legal Owner)

---

(Address)

---

(Telephone)

---

(Date)"

The map must be signed by all those individuals holding record title interest (as defined in Section 66436 of the Subdivision Map Act) in the property.

All signatures must be acknowledged (notarized). All maps must be accompanied by a title report, issued by a title company, with a guarantee of not less than one thousand dollars, covering all land encompassed by the map.

"SURVEYOR'S CERTIFICATE

This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this Parcel Map substantially conforms to the approved or conditionally approved tentative map, if any.

(Signed) ______________________________

R.C.E. (or L.S.) No. __________________."

"COUNTY SURVEYOR'S CERTIFICATE

This map conforms with the requirements of the Subdivision Map Act and County ordinances.

---

COUNTY SURVEYOR

Date: _________________________________."

"RECORDER'S CERTIFICATE

Filed this __________ day of ___, 20 ___ at ___ m. in Book __________ of Maps at Page _____ of Madera County Records at request of _______________________________.

---

COUNTY CLERK-RECORDER

by _____________________________________

Deputy."

"DIRECTOR OF THE PLANNING DEPARTMENT APPROVAL

Approved: ________________________________________

Director of the Planning Department

Madera County, California

Date: ____________________________________________"

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

A sufficient number of prints of the parcel map shall be filed with the parcel map committee at the office of the planning department.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The prints of the parcel map required under Section 17.72.110 shall be on paper eleven inches by seventeen inches and eighteen inches by twenty-six inches. It is required that the image be readable without the aid of optical magnification.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Editor's note— Ord. No. 278T, § 1 (Exh. A), adopted June 8, 2010, repealed § 17.72.130, which pertained to reassembly of parcels and derived from Ord. 278N, 2004.

A tentative map drawing shall be filed at the time of application for a parcel map division. Such map should contain all of the information required for a final parcel map, except the surveyor's certificate, recorder's

certificate or parcel map committee approval, or county surveyor's certificate. The tentative parcel map shall be approved or submitted to the planning commission by the parcel map committee upon the following conditions:

A.

Said tentative map shall be submitted eleven inches by seventeen inches and eighteen inches by twenty- six inches.

B.

Such map may show dimensions of lot lines as best estimated and need not show bearings. The tentative parcel map should be drawn to a scale of one inch equals one hundred feet unless another scale is approved by the chairman of the parcel map committee.

C.

The original and a sufficient number of copies shall be filed with the application for the parcel map, and can include any other record or data that bears on the past or present ownership of the property involved may be required by staff to verify ownership (i.e., grant deeds, escrow papers, etc.) with tentative map submission (prior to initiation of the parcel map processing).

D.

The filing fee required by the application shall be paid at the time of filing the tentative parcel map. All other fees such as verification that subdivision monuments have been set, shall be paid as specified in this chapter.

E.

Once the tentative or vesting tentative parcel map has been deemed complete and accepted for processing the following shall occur:

The chairman of the parcel map committee shall give notice of a meeting of the parcel map committee to consider the approval of said tentative map, or the submission thereof to the planning commission.

The notice of the meeting of said parcel map committee shall be given to the following persons:

a.

Road commissioner;

b.

County engineer;

c.

County environmental health director;

d.

County assessor;

e.

County fire department;

f.

To the applicant for the division of land;

g.

To the owner of the land to be divided;

h.

To the owner of each parcel of land within three hundred feet of the parcel of land to be divided pursuant to the tentative map submitted with the application;

i.

Those additional county agencies when appropriate;

j.

The utility companies responsible for providing utility services to the project;

k.

Native American Tribes.

The mailing of notice shall constitute service of said notice upon the person or parties addressed. Such fact may be established by an affidavit of mailing executed by the chairman of the parcel map committee, or his authorized agent.

Errors in the giving of notice or the failure of any person to receive notice shall not invalidate any proceeding requiring notice.

Said notice shall contain the following information:

a.

The name of the applicant for the division of land;

b.

The name of the owner of the land to be divided;

c.

A description of the land to be divided, identifying said land in common terms such as address, location as to named roads and intersections, so as to give as clear an indication as is possible as to its ownership and location;

d.

The time and place of the meeting of the parcel map committee, but in no event shall the meeting be set for a time less than ten days from the date of mailing the notice or more than thirty days from the date of mailing the notice.

The notice shall specify that any person may request a public hearing before the planning commission on the division of the land either by appearing at the parcel map committee meeting, or by written request delivered to the chairman of the parcel map committee on or before the date and time of the meeting;

The notice shall advise that unless a request for hearing is made orally at the time of the meeting, or by written request filed with the chairman of the parcel map committee on or before the meeting of said parcel map committee, then the right to public hearing has been waived by the person so notified;

All members of the parcel map committee (road department, engineering department, environmental health department, fire department, assessor's office and the planning department) shall have their recommendations in connection with said parcel map on file with the planning department on or before the date of said meeting;

The notice shall contain any other information which is pertinent as determined by the chairman of the parcel map committee.

F.

The meeting of the parcel map committee in connection with any parcel map shall consider and determine the following:

If no comments, either oral or written, have been filed with the parcel map committee, and the recommendations have been filed as required by the departments, then the parcel map shall be processed normally in accordance with the provisions of this chapter and said recommendations, without any further hearing by the parcel map committee or the planning commission;

The parcel map committee shall consider the division of land and determine whether the division is in accordance with the rules and regulations established by state statute, and the ordinances of the county of Madera and shall only approve or conditionally approve the tentative parcel map upon making a finding for all of the following:

a.

The proposed map is consistent with applicable general and specific plans;

b.

The design or improvements of the proposed subdivision is consistent with applicable general and specific plans;

c.

The site is physically suitable for the type of development;

d.

The site is physically suitable for proposed density or development;

e.

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat;

f.

The design of the subdivision or type of improvements is not likely to cause serious public health problems;

g.

The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless subject to Section 66414.01 of the Government Code which indicates that a tentative map, or a parcel map for which a tentative map was not required, if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) of subdivision (a) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

h.

The parcel map committee may approve the map if it finds that alternate easements, for access or use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

The parcel map committee shall deny approval of the tentative parcel map for which a tentative map was not required, for a subdivision that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following:

a.

The facilities of the state plan of flood control or other flood management facilities protect the subdivision to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.

b.

The city or county has imposed conditions on the subdivision that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.

c.

The local flood management agency has made adequate progress on the construction of a flood protection system which will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system.

The parcel map committee shall deny approval of the tentative parcel map if it makes a negative finding for any of the findings listed in subsection 2, above.

The parcel map committee may approve or conditionally approve said division of land upon specific terms and conditions.

If a request for public hearing is made in person, or in writing, by any person at the time of the meeting, then the parcel map committee shall order a hearing to be had before the planning commission pertaining to said division of land and the objections made thereto;

The planning department shall give notice to the time and place of said hearing in the same manner as provided in subsection F of this section;

The parcel map committee shall make rules and regulations pertaining to continuances with the proceedings provided for herein; provided, that no continuance shall be granted for a greater period of time than fourteen days. Said fourteen days shall include the accumulation of any continuances. If the fourteen days shall expire without a determination by the parcel map committee, then the chairman of the committee shall automatically set the parcel map and its consideration for hearing before the planning commission.

F.

The action of the parcel map committee on the tentative parcel map shall be followed in the processing of the parcel map.

G.

The request for hearing for a division of land either presented orally or in writing shall specify the following:

The name, address and telephone number of the person or persons submitting the request;

The grounds for the request.

H.

The decision of the parcel map committee may be appealed to the planning commission and/or the board of supervisors.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The hearing before the planning commission shall be noticed as herein specified and said hearing shall be scheduled at the earliest possible time; provided, that at the hearing the planning commission may, for good cause, continue the hearing, but not for a period of time in excess of sixty days. Said hearing and appeal therefrom shall be conducted upon the following conditions:

A.

The commission shall consider the division of land and determine whether the division is in accordance with the rules and regulations established by state statute, and the ordinances of the county and whether any substantial injury would be caused to any real property right or interest of any person objecting to said parcel map.

B.

The commission may approve, disapprove or approve said division of land upon specific terms and conditions.

C.

The order of the planning commission shall be followed in the processing of said parcel map.

D.

The order of the commission may be appealed to the board of supervisors by any department, or any person appearing at said hearing and adversely affected by the decision thereof. Said appeal shall be made in writing within fifteen days from the date of the decision by the planning commission, upon the payment of an appeal fee.

E.

Failure to file the appeal within the time specified herein is jurisdictional.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

A.

Fees shall be as specified by resolution of the board of supervisors.

B.

Additional fees may be required for field work accomplished by the county surveyor, road department, fire department and/or planning department. Such fees shall be as established by resolution of the board of supervisors.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The parcel map shall be filed with the planning department during its normal working hours. The chairman of the parcel map committee or his duly authorized deputy shall have the authority to reject the parcel map for reasons of inaccuracy, illegibility or incompleteness, according to the requirements of this chapter. The chairman of the parcel map committee shall not accept a map for filing unless the filing fee has been paid and, further parcel map committee to accept a parcel map shall be subject to appeal to the board of supervisors according to the rules for appeal.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The chairman of the parcel map committee shall then distribute the copies of the parcel map to each member of the parcel map committee, together with a memorandum containing other significant information pertaining to this land division.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The members of the parcel map committee shall review the parcel map approving or disapproving, within fourteen calendar days of receipt of the parcel map and approve only after considering all of the following:

A.

The division conforms to all applicable zoning and subdivision regulations of the county pertaining to the size of lots, shape and dimensions of lots, location and distance requirements of structures; and potential land uses applicable under the existing zoning;

B.

The angle of intersection with the abutting streets and the location, grade and alignment of any new streets established by the division and intended for vehicular access conform to the standards established by the county;

C.

The disposal of sewage from or within the parcels will not, in the opinion of the environmental health director constitute a problem; or does not violate the requirements of Chapter 7.24 and Articles I and II of Title 13 of this code;

D.

Offers of Dedication.

An offer of dedication is made to the county for any access from a county road or roadway to each parcel created pursuant to the map. Such offer of dedication shall be by separate recordable document.

The requirement of this subsection does not imply that the county must accept the offer. The board of supervisors shall act upon such offers according to state law and provisions of Government Code Sections 66492 and 66494 with respect to the policy of the board as established by resolution.

The parcel map committee shall not approve the parcel map until and unless it has the certificate of county counsel approving the separate instrument dedicating the proposed right-of-way. The planning department shall file all offers of dedication made pursuant to this section with the county recorder.

Notwithstanding the other provisions of subsection D of this section, the parcel map committee may accept, in lieu of an offer of dedication for highway purposes, a photostatic copy of a use permit for

highway purposes granted by the United States Forest Service to the person or persons applying to the county for the division of property. If the parcel map committee does accept the use permit as specified in this section, then, in that event, the parcel map shall have inscribed the following certificate upon it:

CERTIFICATE

 The division of land by this Parcel Map requires access across government forest land. The United States Forest Service has granted a use permit to the undersigned for road purposes. Any maintenance, construction or repair required in connection with said road is the responsibility of the undersigned and the United States Forest Service. The undersigned, or any person claiming title to land by reason of this Parcel Map, shall not make any demands upon the County of Madera for maintenance and repair of said road.

E.

Any existing or new street intended for, or serving as, principal means of vehicular access to the property shown on the parcel map, has a minimum right-of-way width of sixty feet.

F.

Every parcel having a gross area equal to or greater then twenty acres but less then forty acres shall have an access approved by the county road department to a county roadway. Such approval shall include, but shall not be limited to, any construction required by the county road department and the planning department in connection with the offer of dedication required by subsection D of this section.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278-Q § 1, 2006: Ord. 278N § 16 (part), 2004).

Except as provided by Section 17.72.186, no parcel map shall be recorded unless all improvements required pursuant to this chapter are completed and accepted, unless bonded pursuant to Section 17.72.186 of this title.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

A.

Except as permitted by this chapter, driveway access to parcels shall be from the driveway location within the parcel's deeded frontage or offered for dedication frontage as depicted on the parcel map.

B.

Driveway access must follow county standards and shall be approved by the road commissioner.

The driveway can be constructed in the location shown on the tentative and final maps in compliance with the requirements of Public Resources Code Section 4290 and county development standards. If it is

determined that a driveway cannot be constructed for each parcel, the applicant will be required to file an amended tentative map which will provide driveways to each parcel as re-recorded on the map.

The driveway location meets the AASHTO or Caltrans requirements for adequate sight distance to permit safe road access.

C.

The road commissioner or his designee, in his discretion, may permit design exceptions to allow driveway access at other points within the parcel frontage so long as the driveway meets the requirements of Public Resources Code Section 4290, county development standards and AASHTO or Caltrans requirements for adequate sight distance, unless the access rights have been waived.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 610 § 2, 2005).

A.

Prior to the recordation of a final parcel map the county may enter into an agreement with the application to provide for the completion of designated improvements required pursuant to this chapter. At the time of filing the agreement, the subdivider will deposit with the county an acceptable security. The amount of this security will be equal to one hundred fifty percent of a California registered civil engineer's cost estimate. The cost estimate must be approved by the county engineer, road commissioner or their designee. The security amount (one hundred fifty percent of the approved estimate) includes one hundred percent for performance and fifty percent for labor and materials. The agreement shall specify the date by which the improvements shall be completed. Existence of the agreement shall be noted on the final parcel map or in the resolution approving a parcel map waiver and the agreement shall be recorded in the official records of the county.

B.

In lieu of the security described in subsection A above, at the time of filing the agreement, the county may enter into an agreement with the subdivider. The terms of the agreement shall be as follows:

The title of the parcel map be placed in trust along with an agreement between the trustee and the county that title to parcel will not be transferred until written approval is given by the county for the release or partial release of property held in trust. The county will not authorize any release until the necessary improvements have been completed.

The agreement must contain an accurate legal description of the final parcel map.

Special conditions or improvements unique to the final parcel map shall be listed in an attached exhibit.

The agreement must be recorded at the time of final map recordation.

The agreement must provide authorization for county to abandon the recordation of the final parcel map if the required improvements fail to be installed in compliance with the county's standard specifications within three years.

a.

The chief of development services, under authority vested by the board of supervisors, may extend the time specified to complete improvements for one year if the purposes of these regulations would still be served.

b.

The board of supervisors in its absolute discretion, may extend the time specified to complete improvements for additional terms if the purposes of these regulations would still be served.

If the parcel is sold, a new improvement agreement shall be executed concurrently with the sale.

C.

Assurances and liens shall be as follows:

Upon the recommendation of the chief of development services director, under authority vested by the board of supervisors, assurances and liens may be released upon a determination that all improvements are completed in accordance with all the conditions of final map approval.

The chief of development services shall record a form in the county recorder's officer indicating which lots have been released from an improvement agreement within a recorded parcel map.

Partial releases may be approved for completed phases.

(Ord. No 278X, § 1, 4-5-22; Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Prior to final map recordation, the applicant or his authorized agent will provide the planning director with will serve letters from the appropriate water, wastewater, power and telephone companies.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Providing the requirements of all ordinances and regulations of the county and this chapter are met, and a finding that the parcel map is in substantial compliance with the approved or conditionally approved tentative parcel map, such parcel map may be approved by the director. Upon approval of the parcel map by the director the following shall occur:

A.

The original parcel map shall be signed by the director of the planning department. One copy of the signed, approved parcel map shall be made and permanently filed in the planning department;

B.

The planning department shall immediately notify the property subdivider of the approval of the parcel map;

C.

The parcel map, along with the recording fee supplied by the applicant, shall then be submitted for recording to the office of the county recorder by the planning department. All maps must be accompanied by a certificate from the county counsel's office that all required signatures appear on the map;

D.

The applicant will be notified in writing when the map is recorded.

E.

The property following recordation of the parcel map may then be divided as shown on the approved parcel map;

F.

Should the director of the planning department find that the parcel map is not consistent with the approved or conditionally approved tentative parcel map, the parcel map shall be denied. the planning department shall immediately notify the subdivider of the disapproval of the parcel map.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

In the event that the applicant, or any member of the parcel map committee, or any other person, firm or corporation is not satisfied with the action of the director, within ten days of such action, an appeal may be filed in writing to the board of supervisors. Such an appeal shall be accompanied by a fee, as specified by resolution of the board of supervisors, payable through the planning department to the general fund of the

county, to defray the costs of hearing in the appeal, except that members of the parcel map committee shall not be required to pay the fee. No building or land use permit shall be issued while such appeal is being processed and any related building or land use permit issued shall be null and void, and any construction thereunder immediately terminated.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Upon receipt of the written appeal and subsequent to the payment of the appeals fee, the clerk of the board of supervisors shall set a date for a hearing on the appeal. The clerk of the board of supervisors shall give such notice as is required by Section 66451.3 of the Government Code. The board of supervisors shall hold the hearing on the appeal within the time specified in Section 66452.5(3)(d) of the filing of the appeal, unless said time period is waived by the appellant.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Compliance with this chapter is a condition precedent to the issuance of a building permit, land use or zoning permit by any person authorized to issue such permits in the unincorporated territory of the county. Building permits, land use and zoning permits issued without prior compliance with this chapter, subsequent to its passage, are void. Upon the discovery of the issuance of such permits without compliance herewith, it shall be the duty of the building inspector to notify the person to whom such permit was issued of the requirements of this chapter and to demand all building and construction work to cease immediately until this chapter has been complied with. This chapter shall be deemed complied with, if the division of land accomplished does not vary from the parcel map submitted to the director of planning in an amount greater than three percent of the area of each parcel or lot affected.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

A variance to any provisions the zoning ordinance related to a tentative or vesting tentative parcel shall be processed and may be granted in accordance with Chapter 18.106 of this code.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Any conveyance or contract to convey made contrary to the provisions of this chapter is voidable to the extent and in the same manner provided in Section 66499.32 of the Government Code of the state.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

It is unlawful for any person, firm, association, syndicate, partnership, corporation, trust, escrow agent or any other legal entity, as a principal, agent or otherwise, to sell, to contract to sell, or to cause or permit to

be sold, or participate in the sale of, lease or use for financing, any portion of any division of land regulated by this chapter, improved or unimproved, in the county, unless and until all the requirements hereinbefore provided have been complied with. Any offer for sale shall be contingent on compliance with all requirements hereinbefore prescribed.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

A.

Whenever the county of Madera has knowledge of an apparent violation of the Subdivision Map Act or this chapter, the planning director shall notify the parcel map committee of the suspected violation. The parcel map committee shall immediately report by memorandum to the chairman of the parcel map committee all available information concerning the apparent violation. The chairman of the parcel map committee shall review such information and determine that an apparent violation has or has not occurred. If the director determines that an apparent violation has occurred, he/she shall notify the current owner of record of the county's intent to record a notice of violation in accordance Section 66499.36 of the Government Code. The notification shall be served by certified mail, return receipt requested. The mailing of the notice shall comply with Section 66499.36 of the Government Code and shall constitute service.

B.

The chairman of the parcel map committee shall hold a meeting with owner and the parcel map committee. The meeting shall take place no sooner than thirty days and no later than sixty days from date of mailing. If, within fifteen days of receipt of the notice, the owner of the real property fails to inform the director of his or her objection to recording the notice of violation, the director of the planning department shall record the notice of violation with the county recorder.

C.

If, after the owner has presented evidence, it is determined that there has been no violation, the director shall mail a clearance letter to the then current owner of record.

D.

If, however, after the owner has presented evidence, the chairman of the parcel map committee determines that the property has in fact been illegally divided, the chairman of the parcel map committee shall record the notice of violation with the county recorder.

E.

If a remedy as provided in Section 66499.32 of the Government Code is not filed for thereafter within thirty days of recordation of the notice of violation, the chairman of the parcel map committee is authorized and directed to refer the matter to the district attorney or the county counsel for appropriate legal action.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The penalty for violation of this chapter shall be as prescribed in Section 66499.31 of the Government Code, except that nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the county, any other political subdivision, or any person may otherwise be entitled, and the county, any other political subdivision, or any person may file an action in the superior court of the county to restrain or enjoin any attempt or proposed division, subdivision, or sale, in violation of this chapter. Each person or other legal entity shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted, and shall be punishable therefor as provided by this chapter.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

The requirements under this chapter for a parcel map may be waived by the director of planning as follows:

A.

The application for a waiver shall be in writing, shall state the specific reasons for the waiver, shall be accompanied by a filing fee established by resolution of the board of supervisors.

B.

The application shall be accompanied by a tentative parcel map conforming to Section 17.72.140; a property description; the established fee for a parcel map; a litigation guarantee insuring the county in an amount not less than one thousand dollars; written consents, in a format acceptable to the county, from all persons holding record title interest in the property for which the waiver is sought; information sufficient for the board to make the findings required of subsection D of this section; and any other information requested by the parcel map committee.

C.

The director shall review the application and tentative parcel map and the recommendations of the parcel map committed and within fifty days of the date of acceptance of the application as provided in the Subdivision Map Act shall approve, conditionally approve or deny the tentative parcel map.

D.

The director shall, within thirty days from the date of approval or conditional approval of the tentative parcel map, hold an additional hearing public hearing to consider the waiver request, those comments and receive any other evidence. The director may grant the waiver if specific findings based upon the evidence are made that the proposed division complies with applicable requirements as to area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the State Subdivision Map Act (Government Code Section 66410 et seq.) and this code. The director may place reasonable conditions upon granting the waiver to insure the public health, safety and welfare, and shall require a description satisfactory to the county engineer of the property for which the waiver is sought.

E.

A waiver granted by the director shall be effective only upon recording a copy of the waiver certificate, the consent(s) of the record title interest holders and any record of survey or other property description required by the director, and upon fulfilling any conditions placed upon the waiver by the director. The waiver shall be void and of no effect unless all requirements and conditions are satisfied within six months after the director's action.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Before any parcel map may be recorded or parcel map waiver certificate is recorded, the applicants shall obtain a certificate from the tax collector-treasurer that all unpaid property taxes on that property covered by said parcel map have been paid. The applicants shall also cause to be discharged prior to approval of said parcel map or waiver any and all liens against the property covered by said parcel map, which liens are in favor of the county.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).

Unless denied without prejudice, no person, including the original applicant, shall reapply for the same parcel map or parcel map waiver, or lot line adjustment on the same parcel or parcels within a period of one year from the date of the final decision on such previous application, unless a request for re-application is granted according to the procedures and standards set forth in Section 18.108.210.

(Ord. No. 278T, § 1 (Exh. A), 6-8-10; Ord. 278N § 16 (part), 2004).