Modesto Municipal Code Art. 8 Improvements

All improvements shall conform to the requirements contained in the Standard Specifications of the City of Modesto prepared by the Community and Economic Development Director, recommended by the Planning Commission, and adopted by the Council as the same now exists or may hereafter be amended. Copies of said Standard Specifications shall be maintained on file in the office of the City Clerk, Planning Commission and Community and Economic Development Director.

(Ord. 1041-N.S., amended by Ord. 101-C.S., 844-C.S., Ord. 1191-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3575-C.S., § 1, effective 11-2-12)

The subdivider shall install improvements in accordance with the standards specified in this chapter and in the Standard Specifications referred to in Section 4-4.801 hereof.

(a) Streets and Alleys. All streets and alleys shall be improved in accordance with the requirements of the Standard Specifications referred to in Section 4-4.801 hereof.

(b) Drainage Facilities. Drainage facilities shall be installed as deemed necessary by the Community and Economic Development Director to provide for the removal of surface water. Such drainage facilities shall be of a character and design approved by the Community and Economic Development Director and in accordance with the requirements of the Standard Specifications referred to in Section 4-4.801 hereof, in order to insure proper grading and erosion control including the prevention of sedimentation or damage to off-site property.

(c) Curbs and Gutters. Curbs and gutters shall be installed to grades, cross section, layout and location approval by the Community and Economic Development Director.

(d) Sidewalks. Sidewalks shall be installed along all streets and may be required in other locations where sidewalks are deemed necessary by the Planning Commission.

(e) Sewage Disposal. Sanitary sewer facilities connecting with the existing City system shall be installed to serve each lot when connection to such system is available. Sewers shall be installed to grades, location, design and sizes approved by the Community and Economic Development Director in accordance with the provisions of applicable laws of the City.

(f) Water. Water mains connecting with the existing City or public utility system shall be installed to serve each lot when connection to such system is available. In the latter case, when it is proposed that water will be supplied by a private water company, the subdivider shall submit a letter from the governing body of such water system showing the ability of the system to serve the proposed subdivision and evidence that a satisfactory agreement has been entered into for connection to the system. Water mains shall then be installed to grades, location, design and sizes approved by the Community and Economic Development Director and the engineer of the governing body of the water system.

(g) Street Lights. Street lighting standards, underground cables or conduit and conductors and all materials and appurtenances necessary shall be installed of a design and location approved by the Community and Economic Development Director. There shall be at least one (1) electrolier at each intersection, and intermediate electroliers not more than three hundred thirty (330) feet apart in blocks exceeding three hundred thirty (330) feet in length. Electroliers shall be spaced not more than three hundred thirty (330) feet apart on both sides of major streets.

When a cul-de-sac is longer than one hundred fifty (150) feet measured from the center of the turnaround at the end of the cul-de-sac to the center line of the intersecting street, an electrolier shall be provided at the turnaround in a location approved by the Community and Economic Development Director.

(h) Railroad Crossings. Provisions shall be made for any and all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California State Public Utilities Commission for the establishment and improvement of such crossing. The cost of such railroad crossing improvement shall be borne by the subdivider.

(i) Street Signs. Each subdivider shall pay to the City a fee for each street sign required in the subdivision at the time of approval of the final map, as a condition of said approval; provided, that when only a part of an intersection requiring a street sign is within or contiguous to the subdivision, the charge for said street sign for such an intersection shall be proportional to the number of corners of the intersection within or contiguous to the subdivision. Said fee shall be in accordance with a schedule approved by the Council from time to time by resolution.

(Ord. 1041-N.S., amended by Ord. 89-C.S., Ord. 101-C.S., Ord. 413-C.S., Ord. 506-C.S., Ord. 844-C.S., Ord. 1191-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 2810-C.S., § 1, Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3575-C.S., § 1, effective 11-2-12)

(a) Improvements shall be dedicated to the public and have sufficient size, capacity and number to provide for orderly development both of the property being subdivided and for adjacent areas. The size, capacity and number of improvements shall be determined by the Community and Economic Development Director. The City will reimburse the subdivider that portion of the cost of improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve only the subdivision and the actual cost of such improvements. The reimbursement shall be provided in accordance with provisions of the Subdivision Map Act. The City may enter into an agreement with the subdivider to specify the details of the reimbursement procedure. Interest will not be paid to the subdivider.

(b) To pay for the reimbursement required hereby, the City may:

(1) Collect a reasonable charge from other persons, including public agencies, using such improvements for the benefit of the real property not within the subdivision.

(2) Contribute to the subdivider that part of the cost of improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon real property benefited to reimburse the City for such costs.

(3) Establish and maintain local benefit districts for the levy and collection of such charge or cost from property benefited.

(Added by Ord. 2089-C.S., § 1, amended by Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3575-C.S., § 1, effective 11-2-12)

Whenever the City by ordinance has adopted a drainage plan for a particular drainage area pursuant to Section 66483 of the Government Code of the State California, each subdivider of a subdivision, any part of which is located within the boundaries of such a drainage area and the tentative map of which is filed after the effective date of this section, shall pay to the City at the time of approval of the final map, as a condition of such approval, such fees as may be required by said ordinance.

(Ord. 1191-S.C., amended by Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)

(Ord. 3575-C.S., § 1, effective 11-2-12)

Each subdivider of a subdivision or parcel map, the tentative map of which is approved by the Planning Commission after the effective date of this section, shall be responsible to supply, locate, plant, provide and install supports for street trees in such subdivision or parcel. Street trees shall be planted and maintained in accordance with the provisions of Chapter 5 of Title 7 of this Code.

(Ord. 480-C.S., amended by Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)

(Ord. 3575-C.S., § 1, effective 11-2-12)

(a) At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Profession Code so that another engineer or surveyor may readily retrace the survey.

(b) Permanent monuments as required by the Standard Specifications of the City of Modesto shall be set at each corner and angle point in the exterior boundaries of the subdivision except where such monuments already exist in the proper positions. The exterior boundary of the subdivision shall be adequately monumented or referenced before the final map is recorded.

(c) Interior monuments shall be set as required by the Standard Specifications of the City of Modesto. Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the City a cash deposit in an amount for each monument to be set as established by resolution of the City Council adopted from time to time.

(d) Within five (5) days after the final setting of all monuments has been completed by the engineer or surveyor, he/she shall give written notice to the subdivider, and to the Community and Economic Development Director, that the final monuments have been set.

Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the Community and Economic Development Director evidence of such payment and receipt thereof by the engineer or surveyor. Upon receipt of such evidence the Community and Economic Development Director is authorized to release the cash deposit. The Community and Economic Development Director is authorized to cause payment to be made to the engineer or surveyor for the setting of the final monuments from said cash deposit, if so requested by the depositor.

If the subdivider does not present evidence to the Community and Economic Development Director that he/she has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor notifies the Community and Economic Development Director that he/she has not been paid by the subdivider for the setting of the final monuments, the Community and Economic Development Director may, within three (3) months from the date of said notification, authorize payment to the engineer or surveyor from the cash deposit the amount due.

(Ord. 1041-N.S., amended by Ord. 1436-C.S., Ord. 1437-C.S., Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3575-C.S., § 1, effective 11-2-12)

(Ord. 1041-N.S., repealed by Ord. 993-C.S., effective 12-3-69)