McFarland Municipal Code Ch. 16.28 Improvements

The subdivider shall install improvements in accord with the general requirements of this chapter; provided, however, that the city engineer may require changes in typical sections and details if unusual conditions appertain to the subdivision or arise during the construction to warrant such change.

(Ord. 182 §8(A), 1980)

All improvements shall conform to the standard specifications adopted by the city of which copies are on file for use and examination in the office of the city clerk.

(Ord. 182 §8(B), 1980)

Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the city engineer. Such plans will be required before approval of the final map. All such plans and profiles shall be drawn on twenty-four inch by thirty-six inch tracing cloth or paper, in ink or pencil capable of producing a legible print and shall be filed with the city engineer. An estimate of the quantities of improvement work for purposes of determining security agreement requirements shall accompany the plans.

(Ord. 182 §8(C), 1980)

Improvement work shall not be commenced until the city engineer and the public works director have been notified in advance, and if work has been discontinued for any reason, it shall not be begun again until the city engineer and public works director have been notified.

(Ord. 182 §8(D), 1980)

All required improvements shall be constructed under the inspection of, and to the approval of, the city engineer and the city public works director.

(Ord. 182 §8(E), 1980)

All underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of such street, service road, alley or highway. Service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street or alley improvements when connections thereto are made.

(Ord. 182 §8(F), 1980)

All streets and highways shall be graded and surfaced to cross sections and grades approved by the city engineer. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intercepting paving line of any county road, city street or state highway.

(Ord. 182 §8(G), 1980)

Structures shall be installed as required for drainage, access and/or public safety. Such structure shall be placed to grades and shall be of a design approved by the city engineer.

(Ord. 182 §8(H), 1980)

Vertical curbs, gutters and sidewalks shall be installed to grades and at locations approved by the city engineer prior to the issuance of an occupancy permit on building construction on any site within the subdivision. Sidewalks shall be required on all street frontages. Whether or not related to a subdivision, the foregoing requirements shall apply to any activity requiring a building permit, provided, however, that if the building permit is for the purpose of remodeling an existing structure, the foregoing requirements shall only apply if the activity will increase the footprint of the existing structure or the habitable condition living area by twenty-five percent or more; provided further, however, that if the building permit is to construct a detached accessory structure, the foregoing requirements shall only apply if the accessory structure consists of two hundred fifty square feet or more.

(Ord. 182 §8(I), 1980)

(Ord. No. 323-2007, § 1(B), 10-11-07)

Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, location and design and size approved by the city engineer. No septic tanks or cesspools shall be permitted. Location of house sewer laterals shall be marked on curb or sidewalk with a letter "S."

(Ord. 182 §8(J), 1980)

Storm drains shall be installed as required by the city engineer.

(Ord. 182 §8(K), 1980)

Water mains and fire hydrants of design and layout and in locations approved by the city engineer and public works director shall be installed by the subdivider. Location of water services shall be marked on the curb or sidewalk with a letter "W." The water system shall be installed and in operation and all required fire hydrants connected thereto prior to the commencement of building construction on any site within the subdivision. Fire hydrants shall be installed in accord with the following:

A. Hydrants shall be of a type approved by the public works director or city engineer.

B. One fire hydrant shall be installed for each one hundred eighty thousand square feet, including streets, of single-family residential development, or major portion thereof. In areas of strip development, one hydrant shall be installed for each six hundred lineal feet of residential frontage. In isolated single-family residential areas, no development shall have less than two hydrants located not more than four hundred fifty feet, one from the other.

C. One fire hydrant shall be installed for each one hundred twenty thousand square feet, including streets, of multiple-family or mobile home park residential development, or major portion thereof. In areas of strip multiple-family development, one hydrant shall be installed for each four hundred fifty lineal feet of residential area. In isolated areas, no development shall have less than two hydrants located not more than four hundred fifty feet, one from the other.

D. One fire hydrant shall be installed for each ninety thousand square feet, including streets, of commercial or industrial development, or major portion thereof. In areas of strip development, one hydrant shall be installed for each three hundred lineal feet of commercial or industrial frontage. In isolated areas, no development shall have less than two hydrants located not more than three hundred feet, one from the other.

E. Combined use areas shall have fire protection installed in accord with the above criteria as approved by the city engineer.

F. Areas of strip development shall be as defined by the planning commission.

G. The exact location of fire hydrants within or adjacent to subdivisions and final decision as to the number of fire hydrants to be installed for adequate fire protection shall be determined by the city engineer.

H. In areas where fire hydrant installation has taken place at the expense of the city, the developer shall pay a proportional share of hydrant installation.

(Ord. 182 §8(L), 1980)

Street signs of a type approved by the city shall be installed by the subdivider, in locations approved by the city engineer, or shall, at the subdivider's option, be installed by the city at the subdivider's expense. Two street name signs shall be installed at each four-way intersection within the subdivision and one street name sign shall be installed at each two-way or three-way intersection. Any required barricades to prevent traffic access to dead-end streets shall be provided by the subdivider.

(Ord. 182 §8(M), 1980)

Ornamental street lights shall be installed by the subdivider, at locations approved by the city engineer, at each four-way intersection, at each three-way intersection, at each two-way intersection, at the end of each cul-de-sac and at such other locations as necessary to provide that no point along any street within the subdivision shall be more than two hundred fifty feet from a street light.

(Ord. 182 §8(N), 1980)

Provisions shall be made for any and all railroad crossings necessary to provide access to, or circulation with, the proposed subdivision including the preparation of all documents necessary for application to the Public Utilities Commission of the state for the establishment and improvement of the crossing. Costs for such establishment and improvement shall be the responsibility of the subdivider.

(Ord. 182 §8(O), 1980)

Permanent monuments in accord with the standard specifications shall be set at all angle and curve points on the exterior boundaries of the subdivision, at all street intersections, at all angle points of street lines, and at all curve points, both simple and compound, of street lines. Monuments in street lines shall be set on street centerlines unless otherwise directed by the city engineer; provided, however, such permanent monuments need not be set at angle and curve points on the exterior boundaries of the subdivision when such points on the exterior boundaries of the subdivision have been previously monumented and accepted by the city.

(Ord. 182 §8(P), 1980)

The engineer or surveyor shall set at all corners a marker not less substantial and enduring than one-half-inch iron pipe eighteen inches long with a noncorroding material with the registered engineer's or licensed land surveyor's marker on the head thereof.

(Ord. 182 §8(Q), 1980)

Permanent elevation benchmarks of a type approved by the city engineer and referred to the city datum shall be set at locations approved by the city engineer.

(Ord. 182 §8(R), 1980)

Any monument or benchmark, as required by the provisions of this title, which is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider.

(Ord. 182 §8(S), 1980)

Monuments and benchmarks shall be set before acceptance of the improvements by the council.

(Ord. 182 §8(T), 1980)

All improvements necessary to conform the proposed subdivision to the standards and policies of the city existing at the time of filing the tentative map shall be installed at the cost of the subdivider.

(Ord. 182 §8(U), 1980)

Prior to approval by the council of the final map, the subdivider shall execute and file an agreement between himself and the city specifying a period (not to exceed twelve months), within which he, or his agent or contractor, shall complete all improvement work and providing that if he fails to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall provide for the inspection of all improvements by the city engineer. Such agreement shall include such stipulations as may be required to assure completion of the subdivision in accord with the requirements of the city.

(Ord. 182 §8(V), 1980)

The subdivider shall file with the agreement required by the provisions of Section 16.28.220, to assure his full and faithful performance thereof, a bond or security for such sum as the city engineer deems sufficient to cover the cost of the improvements.

(Ord. 182 §8(W), 1980)

A. The security shall be in the manner, form and kind provided in the Subdivision Map Act. The security shall be in the amount of one hundred percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of fifty percent of such sum securing the payment by the subdivider to his contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements.

B. The security provided shall guarantee maintenance and/or all defects in the required improvements for a period of one year following acceptance of the improvements by the city.

C. In lieu of a one hundred percent performance bond and fifty percent labor and materials bond, surety may be assured by the filing of an instrument of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to one hundred fifty percent of the cost of the work estimated by the city engineer. The trust fund shall be maintained in a financial institution subject to regulation by the state and federal government with the trust fund limited to the following conditions:

1. Ten percent of the cost, representing a labor and materials deposit, to be retained for thirty days after the filing of the notice of completion.

2. Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety percent of the value of the work completed, with authorization of the city engineer, until all work is completed and the notice of completion is filed, at which time an additional fifty percent shall be released thirty days thereafter.

3. Prior to final acceptance by the city of the improvements, the subdivider shall provide the city with a one-year maintenance bond in the amount of ten percent of the estimated cost of the improvements.

(Ord. 182 §8(X), 1980)

In the event that the subdivider fails to complete all improvement work in accordance with the provisions of this title and the city has completed the same, or if the subdivider fails to reimburse the city for the cost of incidental expenses or to cover the cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one- year guarantee period, the city shall demand performance of the agreement by the bonding company, or use the cash or other security deposit placed with the city by the subdivider to do such work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of the bond or certification less the cost and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured, in an action to be brought therefor by the city.

(Ord. 182 §8(Y), 1980)

In addition to the required securities, the subdivider shall file with the agreement required by the provisions of Section 16.28.220 a cash payment in an amount deemed sufficient by the city engineer to pay all city improvement costs, or city fees required by this title and/or other city ordinances and resulting from or required with the approval and/or construction of the subdivision.

(Ord. 182 §8(Z), 1980)

The city will require that the completion of all improvements be secured under the provisions of Sections 16.28.220 through 16.28.260, and will not permit completion of such improvements by assessment act financing.

(Ord. 182 §8(AA), 1980)

All required improvements shall be constructed under the inspection of the public works director and/or the city engineer. The cost of inspection or work shall be paid for by the subdivider in an amount, as determined by the city engineer, sufficient to pay for the inspection, and in no case less than two percent of the estimated cost of the improvements.

(Ord. 182 §8 (BB), 1980)

No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upon the certification by the city engineer that work covered thereby has been satisfactorily completed, and upon approval of the city council.

(Ord. 182 §8(CC), 1980)

In the event the immediate construction of storm drains to serve the subdivision is not required by the city engineer, the subdivider shall execute and file an agreement between himself and the city providing that he shall contribute to the future construction of storm sewers which will be of benefit to the subdivision whether the construction is performed or required by the city or any other public district or body. The agreement shall specify the termination date of the same and shall provide that the city may call for the contribution at any time during the period of the agreement; provided, however, that the city shall not have the right to call for the contribution unless plans have been made and a resolution passed to advertise for bids. The agreement shall also specify the amount of the contribution, which amount shall be specified by the city engineer. In the event the agreement described in this section is executed, the subdivider shall also file, to assure his full and faithful performance of the agreement, a bond sufficient to cover the total amount of the contribution. The term of the bond shall cover the full term of the agreement. The bond shall be executed by a surety company authorized to transact a surety business in the state, and must be approved by the city attorney as to form and by the city engineer as to sufficiency. In lieu of the bond, the subdivider may deposit cash or a certified check with the city clerk.

(Ord. 182 §8(DD), 1980)

A. When it is not possible for the developer to provide for the ultimate disposal of storm drainage into a natural channel deemed adequate by the city engineer to carry the provided flow without artificial channel or bridge construction, and a connection is made to an existing storm drain line which has been previously installed by the city, county or other governmental agency or by private parties regulated by such agency, a fee shall be paid in such amount as may be established by the city council.

B. Ponding basins, as a method of storm water disposal, shall not be permitted.

C. The maximum distance permitted for surface drainage in developments within the city is one thousand three hundred feet. Storm drainage disposal fees shall be paid if surface drainage to other than an approved point of ultimate disposal is permitted.

(Ord. 182 §8(EE), 1980)

The subdivider of any proposed subdivision shall grade the entire area thereof so that all lots drain to the street grades approved by the city.

(Ord. 182 §8(FF), 1980)

All irrigation ditches traversing, adjoining or abutting property to be subdivided under this title shall be permanently abandoned, permanently pipelined or otherwise totally enclosed in a manner satisfactory to the city, or shall be fenced with chain link fencing of minimum five feet height, or other fencing acceptable to the city.

(Ord. 182 §8(GG), 1980)

A. Street trees shall be planted in the parkway area as a part of the subdivision development. The required trees shall be planted in accordance with the standard specifications governing spacing, size and allowance varieties.

B. The subdivider shall mark on his initial plot map the variety, size and location of all native or ornamental trees having a diameter of four inches or greater. No such trees may be destroyed until the applicant has satisfied the planning commission that such tree either has no landscaping value or is so badly located that it cannot reasonably be integrated into the plan of the development. The subdivider shall remove all fruit trees which may be on the property unless a responsible party posts a bond satisfactory in form to the city attorney and satisfactory in amount to the planning commission assuring adequate pruning, spraying and other cultural practice to protect neighborhood agricultural uses from diseases or pests which might be harbored or spread because of inadequately tended fruit trees in the parkway.

(Ord. 182 §8(HH), 1980)