Chapter 17.16 — PUBLIC IMPROVEMENTS AND DEDICATIONS

No work of improvement, construction or any permanent structure or installation of mobile homes shall commence before the final map, parcel map, or notice of waiver of parcel map is filed for record unless the improvement is for the first residential unit on the entire property and the use is consistent with the underlying zone district. This section does not apply to clearing for purposes of surveying to prepare a map or to any construction or improvement approved as a condition of approval of a tentative map or vesting tentative map, provided that improvement and construction plans have been checked and approved by the road department and any use permit, building permit, grading permit or other entitlement for use or other grant of approval for the work which may be required by law is first secured. As used in this chapter, "work" includes "improvement" and "construction" includes "installation."

(Ord. No. 355, Exh. A, 9-12-2017)

When a tentative map or vesting tentative map has been approved or conditionally approved, construction of improvements may begin if and only if:

1.

The estimated cost of construction plan checking and county inspection services, as determined by the director of the road department, has been deposited with the director of the road department and improvement and construction plans, in a form as required herein, have been approved in writing by the director of the road department. The plans shall show the complete plans, profiles, and details for all street work and bridges, drainage channels and embankments, including sedimentation and erosion controls; the location of underground utilities which may control the location and elevation of storm drains and culverts; the location of fire hydrants and street monuments; curbs, gutters, sidewalks, fences, gates and driveways if constructed in conjunction with subdivision improvements; grading for streets, lots and improvements; and any other improvements or work which may be required. If the plans include five or more sheets, a key map showing the relationship among all sheets shall be included in the first sheet of plans;

2.

In the case of improvements which include sanitary sewers, storm drains or water systems to be accepted by or operated by a public agency, the plans are reviewed and approved by the accepting jurisdiction prior to approval of the remainder of the plans;

The plans and profiles are submitted on sheets of uniform size, as determined by the director of the road department; a border is provided with a suitable title block in the lower right-hand corner; and the scales for various portions of the drawings, and the north point where applicable, are shown on all sheets. Reference may be made to applicable county standard details in lieu of duplicating the drawings therein;

4.

After preparation of a required soils investigation report, a true statement of soil conditions is filed with the road department prior to approval of the plans. The statement shall indicate the maximum fill material used or proposed to be used on each lot and that the soil has been or will be prepared in accordance with the recommendations of a qualified registered civil engineer.

(Ord. No. 355, Exh. A, 9-12-2017)

17.16.030 - Road Department—Approval and inspection required.

A.

The road department and the director shall approve, conditionally approve or disapprove, or specify necessary corrections to the plans not more than 30 days after submission of the plans to them and shall report their determinations to the subdivider or his agent. The director of the road department works may specify phases of construction and require appropriate inspections to be made at the end of a phase as a condition precedent to undertaking the next phase. When improvements are required, approval of the plans by the road department and the department is a condition precedent to approval of a final map, parcel map or waiver of parcel map, pursuant to sections 17.12.020 and 17.12.030.

B.

Construction of improvements shall be inspected by the road department or the department, as appropriate.

(Ord. No. 355, Exh. A, 9-12-2017)

17.16.040 - Conditional agreement for subdivision improvements.

A.

If any required improvements are not approved as complete by the road department at the time of approval of the final map, parcel map, or parcel map waiver the subdivider, as a condition precedent to approval of the map, shall enter into an agreement to construct the improvements within one year of the recordation of the map or waiver documents pursuant to Government Code Sections 66462 and 66462.5. The term of any such agreement for completion of required improvements may be extended by subsequent agreement(s) for a combined additional period not to exceed five years, subject to the following findings by the board of supervisors, prior to approving any such extension:

1.

The extension will not cause or contribute to public health or safety problems, or impede the orderly development of the surrounding area;

All of the parcels created in the subdivision remain under common ownership; and

3.

Performance security as of the date of the extension of time to complete the improvements is adequate to insure completion of the remaining improvements.

B.

An extension may be conditioned upon construction of the improvements to meet county standards in effect when the extension is approved, as set forth in the agreement extending the time of performance, and these standards shall then supersede any prior standards approved or agreed upon if made applicable.

(Ord. No. 355, Exh. A, 9-12-2017)

Whenever improvements are to be dedicated for public use or accepted for maintenance by the county, the subdivider shall, prior to approval of the final map, parcel map or waiver of parcel map, enter into an agreement to maintain the improvements at no expense to the county against any defective work or labor done or defective materials used. As used in this section and section 17.16.060, a defect in work, labor or materials includes, but is not limited to, the failure of an improvement, during the term of an agreement, to meet applicable county standards or to be fit for its intended use. The term of the agreement shall be one year from the date of acceptance of the dedication or of acceptance of the improvement for maintenance by the county unless the director of the road department determines that the condition and circumstances in a particular case require a longer period. The county may, at its option, enter into an equivalent agreement with the contractor who performed the work to satisfy the maintenance agreement requirements of this section.

(Ord. No. 355, Exh. A, 9-12-2017)

A.

If any improvements are not approved as complete by the road department at the time of approval of the final map, parcel map or waiver of parcel map, the subdivider shall furnish good and sufficient security as set forth in Government Code Section 66499 and following:

1.

In an amount not less than 100 percent of the total estimated cost of the improvements or of the acts to be performed, conditioned upon faithful performance of the acts or agreements;

2.

In an additional amount of not less than 50 percent of the total estimated cost of the improvements or the performance of the required acts, to secure payment to the contractor, his subcontractors and others who

furnish labor, materials or equipment to them for the improvements or performance of the required acts;

3.

In an additional amount, to be determined by the director of the road department, necessary to guarantee and warranty the work for a period of one year, following the completion of the work and the acceptance of it for maintenance by the county, against any defective work or labor done or defective materials furnished. If the maintenance agreement is made with the contractor instead of the subdivider pursuant to subsection 2. of this section, the county may accept the security required by this section from the contractor.

B.

The extension of the term of an agreement for the construction of improvements in accordance with section 17.16.040 shall be permitted only upon the developer's presentation of sufficient improvement security, as determined by the director of the road department at the time of any such extension request.

(Ord. No. 355, Exh. A, 9-12-2017)

After the improvements are constructed or installed, and the subdivider has requested acceptance of them for maintenance by the county, the board of supervisors shall determine whether the improvements are satisfactory, based on a recommendation from the road commissioner. After an agreement for maintenance is executed pursuant to section 17.16.050, and adequate security is delivered to the road department in accordance with section 17.16.060, the board of supervisors may accept satisfactory improvements for maintenance by the county. If improvements offered for acceptance are found to be unsatisfactory, the board of supervisors shall not accept them but shall instruct the director of the road department to advise the subdivider or his agent in writing of the deficiencies.

(Ord. No. 355, Exh. A, 9-12-2017)

Following the completion of improvements to be accepted by the county and prior to the filing of the final map, parcel map or waiver of parcel map, the director of the road department shall determine the actual cost of construction plan review and county inspection services and advise the subdivider thereof. If that amount exceeds the estimate deposited with the road department in accordance with section 17.16.020, the subdivider shall pay the balance due to the road department, and if the actual cost is less than the estimate, the road department shall promptly refund the overpayment to the subdivider.

(Ord. No. 355, Exh. A, 9-12-2017)