§ 22.100

This Chapter establishes standards for subdivision improvements, and agreements with the County to guarantee the installation of the improvements.

(Ord. No. 3577, 2012)

A.

Basic improvement requirements. The subdivider shall construct all improvements required by this Chapter and Title 24 (Improvement and Construction Standards) of the County Code, any improvements shown on the approved Tentative Map, and any improvements required as a condition of Tentative Map approval.

1.

Design and construction standards. The design and construction of subdivision improvements shall comply with all applicable provisions of Chapter 22.82 (Subdivision Design Standards), and Title 24 (Improvements) of the County Code.

2.

Conditions of approval. The improvement requirements of this Chapter and any other improvements determined by the Review Authority to be necessary in compliance with Sections 22.84.050 (Tentative Map Review) and 22.84.060 (Findings for Approval of Tentative Map), shall each be described in conditions of approval adopted for each approved Tentative Map (Section 22.84.070 (Conditions of Approval)).

3.

Oversizing of improvements. The County may require the subdivider to install and dedicate to the public subdivision improvements with additional size, capacity, or number for the benefit of property not within the subdivision, as a Tentative Map condition of approval prerequisite to the approval of a Parcel or Final Map. Where oversizing is required, reimbursement shall be provided as follows:

a.

Reimbursement agreement. The County shall enter into an agreement with the subdivider providing for reimbursement of the portion of the cost of the improvements that is equal to the difference between the

amount it would have cost the subdivider to install the improvements to serve the subdivision only, and the actual costs of the improvements, in compliance with Map Act Section 66485 et seq.

b.

Public hearings required. The establishment of a charge, area of benefit, or local benefit district shall require public hearings before both the Commission and Board. Prior to approval of the charge, area of benefit, or local benefit district, the Board shall first find that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of the oversized improvements and the actual ultimate beneficiaries of the improvements. The public hearing shall be in compliance with the provisions of Chapter 22.118 (Notices, Public Hearings, and Administrative Actions).

c.

Hearing notice. In addition to the notice requirements of Chapter 22.118 (Notices, Public Hearings, and Administrative Actions), written notice of the hearing shall be given to the subdivider, property owners within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the oversized improvements insofar as they can be determined at the time.

B.

Sewage disposal. Provisions shall be made for adequate sewage disposal in compliance with Title 18 (Sewers) of the County Code, and as follows:

1.

Sanitary sewer. Where sewage disposal is to be by sanitary sewer, the subdivider shall install improvements and facilities as required by the governing board of the sewer system.

2.

On-site disposal. Where sewage disposal is to be by individual on-site sewage disposal systems, the subdivider shall submit sufficient evidence with the subdivision application for review by the Health Officer, as to the ability of the lots to accommodate the systems, in compliance with Title 18 (Sewers) of the County Code.

3.

Community system. Where sewage disposal is to be by a community waste disposal system, the subdivider shall submit detailed plans to the Health Officer. In addition, an intention to use a community disposal system shall be filed with the Regional Water Quality Control Board. The subdivider shall install the community waste disposal system, including provisions for future maintenance, following review and comment by the Regional Water Quality Control Board and approval by the Health Officer.

C.

Water supply. Provisions shall be made for domestic water supply as may be necessary to protect public health, including water service to each lot and fire protection facilities. Water may be supplied by connection to a public utility, establishment of a mutual water system (except as provided in Title 7, Section

7.28.025 (Prohibition) of the County Code), or by wells, springs or other approved sources of water, in compliance with Title 7 (Health and Sanitation) of the County Code, and as follows:

1.

Public utility. Where water is to be supplied by connection to a public utility, the subdivider shall install improvements and facilities as required by both the utility and the Fire Chief having jurisdiction.

2.

Mutual water company. Where water is to be supplied by a mutual water company, the subdivider shall submit sufficient evidence, substantiated by adequate tests and/or engineering data, as to the quantity, quality and safety of the proposed water supply. After approval by the Environmental Health Director, the subdivider shall install an adequate and safe system that will provide water connections for each lot and for fire protection as approved by the Health Officer, and the Fire Chief having jurisdiction.

3.

Wells or other sources. Where water is to be supplied by wells, springs or other sources, the purchasers of the properties shall be informed of the water supply in writing. The subdivider shall submit sufficient evidence substantiated by adequate tests and/or engineering data to ensure that adequate water can be obtained for each lot and for fire protection as approved by the Health Officer, and the Fire Chief having jurisdiction. The information provided shall be certified by a professional engineer or geologist.

(Ord. No. 3577, 2012)

All subdivision grading and construction operations shall be conducted to provide proper erosion and sediment control, and shall otherwise comply with all applicable provisions of Title 23, Chapter 23.08 (Excavation, Grading, and Filling), and Title 24, Sections 24.04.620 et seq. (Grading) of the County Code.

(Ord. No. 3577, 2012)

Geotechnical reports shall be provided by the subdivider as required by this Section.

A.

Preliminary soils report. A preliminary geotechnical report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary geotechnical report shall be submitted with the Tentative Map application.

1.

Form of report. A preliminary geotechnical report may be divided into two parts:

a.

Soils reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems.

b.

Final soils investigation and report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.

The report shall also recommend any required corrective action for the purpose of preventing structural damages to the subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

If the preliminary geotechnical report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, or environmental impacts, a subsequent soils investigation of each lot in the subdivision may be required and submitted to the Department of Public Works before approval of a Parcel or Final Map.

2.

Preliminary soils report waiver. The preliminary geotechnical report may be waived if the Director of Public Works determines that, due to information the Agency has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary.

B.

Final soils report. A final geotechnical report prepared by a registered civil engineer shall be required where a preliminary geotechnical report was required, unless the final report is waived by the Director of Public Works.

1.

Two copies of the final geotechnical investigation and report shall be filed with the improvement plans.

2.

The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary geotechnical report and the specifications for the project.

3.

The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary geotechnical reports, along with any corrections, additions or modifications not shown on the approved plans.

(Ord. No. 3577, 2012)

The subdivider shall file with the Department of Public works three complete copies of the subdivision improvement plans, after approval of a Tentative Map, before commencement of any construction work, and before filing a Parcel or Final Map, in compliance with Title 24, Chapter 24.10 (Improvement Plans) of the County Code.

A.

Action on improvement plans:

1.

Director of Public Works. The Director of Public Works shall inspect the improvement plans for compliance with the provisions of this chapter of the Development Code, Title 24 (Improvement and Construction Standards) of the County Code, standard engineering practices, and any other requirements of the County, and shall forward one copy of the improvement plans to the Director.

a.

Before approval of the improvement plans, the Director of Public Works shall secure from the proper authority written approval of plans and specifications for sewer lines and sewage disposal systems. The Director of Public Works shall further determine that no deviation from the conditions of approval of the Tentative Map has been made, and that the final landscaping plan has been approved.

b.

The Director of Public Works shall approve or deny the improvement plans in conformance with Section 66456.2 of the Subdivision Map Act

2.

Community Development Director. The Director shall approve, with or without conditions, or deny the final landscape plans. The action shall be taken within ten days after receipt of the improvement plans by the Director of Public Works, and shall be confirmed in writing.

B.

Inspections required. The Director of Public Works shall make any inspections deemed necessary to ensure that all construction complies with the approved improvement plans.

C.

Notification. The subdivider shall notify the Director of Public Works upon the completion of each stage of construction as outlined in this Chapter, and shall not proceed with further construction until receipt of authorization from the Director of Public Works.

D.

Inspection fees. Before recordation of the Final Map, the subdivider shall deposit with the Director of Public Works the inspection fee determined by the Director of Public Works to cover the cost of inspection of required improvements other than utility facilities.

E.

Review and inspection of Sewage facilities. Where adequate review and inspection is not provided by other agencies, sewage facilities and structures shall be reviewed and inspected by the Health Officer. Costs of review and inspection of sewage facilities incurred by the Health Officer or engineering consultant shall be paid by the subdivider.

(Ord. No. 3577, 2012)

If the County determines that the improvement work required in compliance with this Chapter is not completed satisfactorily prior to the filing of the Parcel or Final Map, the subdivider shall enter into an agreement with the Board, and provide security to guarantee the performance of the terms of the agreement, as follows. The Agreement shall be entered into concurrently with the approval of the map:

A.

Content of Agreement. The Agreement shall provide for each of the following, where applicable:

1.

For the work to be completed within a time specified in the agreement, and shall provide that work not satisfactorily completed within the time limit may be completed by the County or its agent, with all costs paid by the subdivider.

2.

That prior to occupancy of any structure within the subdivision, the required improvements shall be sufficiently completed to render all of the applicable phase of the subdivision safe to occupy, and to complete all applicable mitigations required by a Negative Declaration or Environmental Impact Report, as determined by the Director of Public Works.

3.

At the discretion of the County, for the improvements to be installed in units, for extensions of time under specific conditions, or for the termination of the agreement upon a reversion to acreage of all or part of the subdivision.

4.

That the Agreement shall be secured by a good and sufficient improvement security in an amount determined by the Director of Public Works to be adequate to cover the estimated cost of improvement.

B.

Improvement securities. Improvement securities shall be provided by the subdivider, as required by this Subsection.

1.

Form of security. Improvement security shall be provided in one of the following forms:

a.

Bond or bonds by one or more corporate sureties approved by the Board;

b.

A deposit, placed with either the County or a responsible escrow agent or trust company, at the option of the County, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

c.

An instrument of credit from one or more financial institutions, subject to regulation by the State or Federal government, pledging that the funds necessary to carry out the act or Agreement are on deposit and guaranteed for payment, or a letter of credit issued by the financial institution; or

d.

A lien upon the property to be divided, created by contract between the owner and the County, if the County finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

Any written contract or security interest in real property entered into as security for performance in compliance with this Section shall be recorded with the County Recorder. From the time of recordation of the written contract or other document creating a security interest, a lien shall attach to the applicable real property and shall have the priority of a judgment lien in an amount necessary to complete the required improvements. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the County.

2.

Types of improvement security required. The following improvement securities may be required as specified in this Chapter:

a.

Faithful Performance. A security in the amount of 100 percent of the total estimated cost of the improvement, or of the act to be performed, conditioned upon the faithful performance of the act or Agreement;

b.

Labor and Materials. A security in the amount of 100 percent of the total estimated cost of the improvements or of the act securing payment, to the contractor, subcontractors, and persons furnishing labor, materials or equipment;

c.

Maintenance. A security in the amount of ten percent of the total estimated cost of the improvements, or of the act to be performed, or $1,000.00, whichever is greater, to serve as a guarantee and warranty of the work for a period of one year following completion thereof against any defective work, labor done, or defective materials furnished;

d.

Monuments. A security in the amount of 100 percent of the total estimated cost of setting monuments guaranteeing the cost of setting the monuments.

3.

Improvement security waiver. For subdivisions of four lots or less, the requirement of a labor and materials bond and a maintenance bond, specified in Subsections B.2.a and B.2.b above, respectively (Faithful Performance, and Labor and Materials), shall not be required where the required improvements will not be accepted for maintenance by the County.

4.

Security release.

a.

The securities described in Subsections B.2.a and B.2.b (Faithful Performance, and Labor and Materials, respectively) shall be released by the Director of Public Works after acknowledging completion of the improvements and commencement of the one-year maintenance period, provided that security specified in Subsection B.2.c (Maintenance) has been furnished.

b.

The security described in Subsection B.2.c shall be released by the Director of Public Works following satisfactory completion of the maintenance period and correction of all deficiencies.

c.

The security specified in Subsection B.2.d (Monuments) shall be released by the Director of Public Works following receipt of a letter from the subdivision engineer or surveyor that all monuments have been set and paid for. If the security is a cash deposit, payment to the engineer or surveyor may be made from the deposit, if so requested by the depositor.

No partial release of any security shall be permitted.

(Ord. No. 3577, 2012)

At the time the survey for the Parcel or Final Map is completed, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code, so that another engineer or surveyor may readily retrace the survey. This requirement may be waived by the County Surveyor as provided in this Chapter.

A.

Permanent monuments. Permanent monuments shall be constructed in compliance with the Standard Specifications, Cities, and County of Marin.

1.

At least two permanent monuments shall be set in each block. They shall be within sight of each other and readily accessible in the street area. These monuments may be either on the street centerline or on a line parallel to and offset from the center property shown and dimensioned on the Parcel or Final Map.

2.

The requirement for permanent monuments may be waived for subdivisions of four lots or less when, due to the size or configuration of the lots, this requirement would be impractical.

B.

Subdivision staking. In making the survey, the engineer or surveyor shall stake all of the following points where a survey stake does not presently exist: All corners and angle points in the exterior boundary of the subdivision; all angle points and curve points in the right-of-way lines of all streets, easements, and/or lands to be dedicated for public use; and all lot corners.

1.

Waivers of staking requirements. The County may waive the above staking requirements in the following circumstances:

a.

The County Surveyor may waive the requirement of staking all corner and angle points in the exterior boundary of a Parcel or Final Map if conditions warrant waiver; provided that at least one exterior boundary line of the land being subdivided is adequately monumented or referenced and sufficient monumentation exists to determine the location of the lots.

b.

The requirement to stake the remainder of the parcel, defined as the largest parcel having a gross area of five acres or more for which a Parcel or Final Map is required, may be waived.

2.

Stake materials. Stakes at all corners and angle points in the exterior boundary of the subdivision shall be not less substantial than three-fourths-inch iron pipe or one-half-inch rebar 18 inches long, driven flush with the ground. Stakes at all other points shall be not less substantial than two-inch by two-inch redwood hubs eight inches long, driven flush with the ground.

3.

Stake marking. All stakes shall be marked with a tag showing the actual point and the registration number of the engineer or surveyor.

C.

Inspection and installation. All monuments shall be subject to the inspection and approval of the County Surveyor. For a subdivision requiring a Final Map, monuments shall either be installed before Final Map recordation, or shall be included as part of the work to be completed under the Agreement and

improvement security required by this Chapter, when so noted on the Final Map. All monuments necessary to establish the exterior boundary of a subdivision shall be set or referenced prior to recordation of the Final Map.

(Ord. No. 3577, 2012)

ARTICLE VII - DEVELOPMENT CODE ADMINISTRATION Chapter 22.110 - ADMINISTRATIVE RESPONSIBILITY