§ 9-11

Division 11 constitutes the Infrastructure Standards and Requirements. The intent of this Division is to ensure the provision of adequate infrastructure for new uses of property, expansion of existing uses, and replacement of previous uses of property, consistent with the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following General Requirements shall apply to all development projects and to all building projects for which a building permit is required unless otherwise exempted by this Title:

(a)

Public Improvements. The developer or subdivider shall grade and improve, or agree to grade and improve, all land dedicated or to be dedicated for public improvements. Improvements and grading shall be designed and constructed to provide for the use of the properties affected and for the public safety and welfare. Design and construction of said grading and improvements shall conform to the approved tentative

map or approved development project and the design standards of the agency providing service. The County may require the developer or subdivider to pay an in-lieu fee in the amount of the cost of improvements to construct the required improvements as part of a County construction contract. Unless otherwise specified, all public improvements must be dedicated to the public agency responsible for their maintenance and operation.

(b)

Minimum Requirements. The provisions of this Division shall be considered minimum requirements. In all cases, the improvements must be determined to be adequate by the City and to be compatible with the site on which the project is, or is proposed to be, located.

(c)

Reserved.

(d)

Reserved.

(e)

Completion of Improvements.

(1)

Major and Minor Subdivisions.

(A)

Improvements Prior to Approval of Map. Unless otherwise specified, the following improvements required by this Division shall be completed prior to approval of a final map or parcel map:

(i)

Where the subdivision requires water service from a public water system requiring a new well, the results of the test well must be determined by the Department of Public Works and the Environmental Health Division to be adequate to comply with the requirements of Title 22 of the California Code of Regulations and the Uniform Fire Code;

(ii)

Unless otherwise specified, all other improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency, or be included in a subdivision improvement agreement, per Subsection (j), prior to approval of a final map or a parcel map.

(B)

Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the

issuance of a building permit:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection;

(ii)

Where served by a public water system, that system shall comply with the requirements of Title 22 of the Regulations; and

(iii)

Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.

(C)

Improvements Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(2)

Other development projects or building permits:

(A)

Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a building permit:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection;

(ii)

Where served by a public water system, that system shall comply with the requirements of Title 22 of the California Code of Regulations;

(iii)

Roads in antiquated subdivisions proposed to be improved to public road standards shall be completed to the satisfaction of the Department of Public Works, or be included in a deferred improvement agreement per Subsection (j); and

(iv)

Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.

(B)

Improvement Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(f)

Irrevocable Offer of Dedication. Applications for Major or Minor Subdivisions shall be accepted only if the applicant provides, at applicant's cost for processing by the City of Mountain House, an irrevocable offer of dedication from an adjacent or other property owner(s), if such irrevocable offer of dedication is deemed necessary by the Department of Public Works.

(g)

Reserved.

(h)

Reserved.

(i)

Improvement Plans for Public Improvements. Improvement Plans are required for construction of any required public improvements. Plans shall consist of drawings, details, and specifications sufficient to describe the construction of the improvements. Plans must be prepared by a Registered Professional Engineer. Improvement Plans shall be submitted for review and approved by the agency providing the service prior to approval by the Department of Public Works and to construction of the improvement. All Public Improvement Plans shall be approved by the Director of Public Works prior to submitting any subdivision map for acceptance by the City Council. All Public Improvement Plans shall be approved by the Director of Public Works prior to construction of any subdivision improvements, or prior to issuance of any building permit for other development projects.

(j)

Guarantees Provided by Developers Relative to Improvements.

(1)

Subdivision Improvement Agreement. If any improvements are required as a condition to the approval of a final map or parcel map, unless the improvements are constructed and accepted prior to approval of the final map or parcel map, a subdivision improvement agreement shall be executed between the developer and the City guaranteeing construction of the improvements within a specified period of time.

(2)

Improvement Participation Agreement. If the Director of Public Works allows any required infrastructure improvements to be deferred to a specific date, as determined by the Director, a deferred improvement participation agreement shall be executed between the developer and the City guaranteeing construction of said improvements. The agreement shall be secured in accordance with Section 9-1-301(j)(3) herein.

(3)

Agreement Security. Any agreements to install improvements shall be secured in accordance with the provisions of Section 66499 of the Subdivision Map Act. The amount of the security shall be based on a construction cost estimate prepared by the developer's engineer and approved by the Director of Public Works. Unit costs shall be determined by the Director of Public Works, based on costs for similar work on County Public Works projects. Security for improvements required by this Division shall be provided as follows:

(A)

Faithful Performance Bonds. Where improvements are required by the provisions of this Division, the subdivider shall provide a faithful performance bond guaranteeing the faithful performance of all work, excluding work to be performed by public utilities, in a sum equal to one hundred percent (100%) of the

estimated cost of such work as provided in Sections 66499 and 66499.1 of the Subdivision Map Act. The subdivider shall also guarantee labor and materials in an amount equal to fifty percent (50%) of the faithful performance bond as provided in Section 66499.3 of the Subdivision Map Act. This sum shall include any other fees which may be required by the Department of Public Works.

(B)

Bonds by Surety Companies. All tax bonds for special assessments as required by California Government Code Section 66493 and all faithful performance bonds referred to in this Section shall be furnished by a surety company authorized to write the same in the State of California and shall be subject to the approval and acceptance of the City Council. The form and contents of the bond shall comply with the applicable provisions of California Government Code Sections 66499.1 through 66499.5.

(C)

Money or Securities. In lieu of any faithful performance bond or tax bond required by this Section, the subdivider may furnish the type of security as provided in California Government Code Section 66499, subject to approval of the City Council.

(D)

Forfeiture or Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement or extension thereof, the City Council may, upon notice in writing of not less than twenty (20) days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the City or Flood Control District such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such work.

(k)

Payment for Fees Related to Areas of Benefit. In the event that the City Council has established an Area of Benefit, the subdivider or developer within said Area of Benefit shall pay to the City the proportionate share of the costs established under the Area of Benefit established by ordinance and an administrative fee as set forth in the adopting Ordinance prior to the approval of any final map or parcel map, or prior to the issuance of any building permit for any other development project.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-104, 9-11-105 - Reserved. 9-11-106 - Areas of Benefit.

The City Council may establish an Area of Benefit and collect fees for the construction of drainage and sewage disposal facilities pursuant to Section 66483 of the Subdivision Map Act; or establish an Area of Benefit and collect fees for the construction of bridges or major thoroughfares pursuant to Section 66484; or establish an Area of Benefit and collect fees for other improvements, including water facilities, deemed necessary by the City in accordance with the procedures specified in Section 66483. The fees shall include the cost of engineering and the cost of establishing the Area of Benefit in addition to the actual cost of facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

For those public facilities to be operated and maintained by a City agency, the City will not accept the responsibility of maintenance of public improvements until final completion and acceptance of all items. For those public facilities to be operated and maintained by other public agencies, those agencies must approve the improvements to be operated and maintained by them as required by Section 9-1-303(e). If a new Service Area or District is required to serve the development project, the new Service Area or District must be formed and accept the facilities for maintenance as required by Section 9-1-303(e). Acceptance by the City will be by the City Council upon recommendation from the Director of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

Easements for facilities outside of public rights-of-way must be granted to the City when the City deems it necessary for proper operation and maintenance of the public facilities. The easements are to be deeded for the purpose of access, operation, repair, replacement, alteration, and maintenance. All development projects which have publicly owned easements must provide covenants running with the land stating that no buildings, fills, excavations, structures, fences, or other alterations will be constructed within the publicly owned easement without the express written consent of the Director of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

Where it is necessary, as determined by the City, to extend improvements beyond the boundaries of the development project for adequate traffic, drainage, flood control, or water and sewer service needs, the developer shall be required to acquire and dedicate, or submit verification of the ability to acquire and dedicate, to the City the necessary easement or right-of-way to accommodate such improvements prior to the approval of a development project application.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - WASTEWATER DISPOSAL

9-11-201 - Intent.

The intent of this Chapter is to specify the requirements for wastewater service and wastewater disposal for development projects.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-202 - General Requirements.

The following general requirements for wastewater disposal shall apply to all development projects, unless otherwise specified in this Title:

(a)

Reserved.

(b)

Reserved.

(c)

Written Confirmation for Building Permits. Applications for building permits shall include written confirmation that the development project meets the requirements of this chapter. For public systems, this confirmation shall be given by the City.

(d)

Reserved.

(e)

Mandatory Connection Within Two Hundred Feet. Any expansion of an existing use on an existing parcel shall require the project to be served by the City sewer system if:

(1)

The expanded use generates additional wastewater, and

(2)

The sewer main is within two hundred feet (200′) of the nearest building.

(f)

Extension of Sewer Main. When the Director of Public Works determines that extension of the sewer main through a project or along a project parcel frontage is necessary for the orderly provision of wastewater disposal service to an area, the developer shall extend the sewer main in accordance with the serving agency's design standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 3. - WATER WELL AND WELL DRILLING REGULATIONS

The intent of this Chapter is to specify the minimum regulations for the use of water wells.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-302 - Public Water System Connection Required.

Private, on-site domestic water wells shall not be approved where public water systems are available.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-303 - Well Permit Required.

A Well Permit shall be approved by the Director of the Environmental Health Division prior to digging, drilling, boring, driving, repairing, or destroying any well; or repairing, replacing, installing, or sealing a pump for use on any well. The permit is required whether the well is to be used for domestic, irrigation, testing, geophysical, seismic, subsurface boring, monitoring, injection, extraction, vapor probe, cathodic protection, or other purposes. A permit is not necessary to replace or repair equipment if the sanitary seal is not broken.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-304 - Well Permit Requirements.

Well Permits shall be subject to the following requirements:

(a)

Requirements for Application. Applications for Well Permits must be initiated by a well driller licensed by the State of California. Applications shall be filed with the Environmental Health Division. A request for a Well Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use.

(b)

Review Procedures. Well Permit applications shall be reviewed by the Director of the Environmental Health Division using the Staff Review Procedure in Chapter 3 of Division 2, with the following modifications:

(1)

Preapplication Conferences shall not be required; and

(2)

The time limit for approval shall be one (1) year.

(c)

Filing Deadline. The application shall be filed and accepted as complete at least forty-eight (48) hours prior to commencing on-site work.

(d)

Development Requirements. A Well Permit may be approved by the Director of the Environmental Health Division only if the following conditions are met:

(1)

The proposed well shall not be offensive, dangerous, or injurious to health, or create a nuisance;

(2)

The proposed well complies in all respects to the standards of the Environmental Health Division for the construction of wells; and

(3)

Upon completion of the well, the applicant or the Well Contractor shall file a copy of a Well Drillers Report with the Environmental Health Division. These report forms will be furnished by the Director of Environmental Health Division or the State of California Water Resources Board.

(e)

Inspection of Permitted Work. The well site, location, material, and methods used may be inspected by the Director of Environmental Health at any time prior to or during construction or destruction of any well. The Director of the Environmental Health Division shall be informed when the work is completed and thereafter shall make a final inspection. Work done under any water well permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director.

(f)

Changes May Be Ordered. The Director of the Environmental Health Division may order changes in the location of water wells and in the methods, means, and manner of constructing water wells in order that the same shall not constitute a menace to the health of human beings or animals, or a detriment to

groundwater sources. The orders of the Director shall designate the period within which such changes are to be made.

(g)

Special Permits. Notwithstanding any other provisions of this Chapter, the Director of the Environmental Health Division may approve Special Permits for limited periods of time when the requirements of this Chapter or any of the standards adopted pursuant to this Chapter are found to be impracticable or unnecessary. In approving a Special Permit, the Director shall prescribe all conditions necessary to protect the public health. Permits shall be subject to a specified time limit.

(h)

Emergency Repairs. In the event of an emergency, as evidenced by lack of water, repairs may proceed without a permit. Emergency repairs include the construction of a new well, or the repair, deepening, or replacement of a well or pump. All work done under emergency conditions shall comply with the standards adopted pursuant to this Chapter. In all such cases, the owner or contractor must file a statement that this was an emergency repair and the reason for the repair. Application for emergency repairs must be made within forty-eight (48) hours after such repairs are begun, excluding weekends and holidays.

(Ord. 2024-18, § 1(Exh. A), 2024)

All wells shall be subject to the following regulations:

(a)

Sanitary Seal. All wells shall have a sanitary seal.

(b)

Concrete Platform or Slab. All wells, except cathodic protection wells, shall have a concrete platform or slab constructed to prevent the entrance of surface water from any source into the well or the underground water source.

(c)

Disinfection. After the construction or repair of all water wells and prior to the use of the well, the well and all appurtenances thereto shall be adequately disinfected.

(d)

Grout Seal. All water wells shall have a grout seal in the annular space.

(e)

Abandonment of Wells. Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this Chapter, that well must be destroyed in the manner prescribed so that

entrance of degraded or contaminated water into usable aquifers, or creation of a safety hazard, are minimized.

(f)

Destruction of Wells. The Director of the Environmental Health Division is authorized, after reasonable efforts to eliminate pollution, contamination, or a safety hazard, to enforce the permanent abandonment by destruction of any well that is polluted, contaminated, or is so located as to become polluted or contaminated or is a safety hazard. The Director is authorized to destroy any such well and to recover the cost of the destruction from the owner of the property on which the well is located.

(g)

Out-of-Service Wells. If the owner intends to cease use of a well for a period of six (6) months or more, the owner shall inform the Director of Environmental Health. Such a well shall be protected from any source of contamination while the well is temporarily out of service. The owner shall maintain such a well as required in the standards adopted pursuant to this Chapter.

(h)

Dewatering Wells. The Director of the Environmental Health Division shall be notified prior to installing dewatering wells in areas of known contamination. The Director shall be notified immediately of areas where contamination is encountered, and cease operation until clearance from the Director is obtained.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-306 - Well Standards.

The City Council shall adopt uniform standards for the construction, installation, alteration, and modification of the facilities subject to this Chapter based on investigation, inspection, and tests and accepted standards. These standards may be amended as necessary by the City Council. The standards shall not conflict with the requirements of this Title or the laws of the State of California. All well facilities shall be constructed or modified only if they comply with the adopted standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

In all areas of the City where poor quality water could infiltrate good quality groundwater due to well construction, special requirements will be set to protect the good quality water. These areas of water quality problems shall be identified by the Director of the Environmental Health Division based on the best available information and adopted pursuant to Section 9-11-304.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following uses are hereby prohibited.

(a)

Well Pits. The construction, use, or installation of well pits.

(b)

Separate Wells. The provision of water to a residence from an off-site private, domestic water well located on a separate recorded parcel.

(Ord. 2024-18, § 1(Exh. A), 2024)

It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not in compliance with the requirements of this Chapter and the standards relating to wells made and established by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director of the Environmental Health Division shall be responsible for enforcement of this chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any appeal of a notice of violation shall first be filed with the Environmental Health Division within thirty (30) days of notification of the violation. Upon receipt of a written appeal, the Director of Environmental Health shall designate a hearing official, which official shall schedule an office hearing to attempt to resolve the matter. The matter will be set for hearing not less than seven (7) days and not more than twenty-one (21) days from the date of receipt of a written appeal. Notice of the office hearing shall be sent to the appellant by registered or certified mail. Notice shall be sent to the appellant, the owner if different from the appellant, and anyone else who has requested in writing to receive such notice. If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the office hearing shall be added to the expenses incurred by the City in abating the nuisance and shall be billed to the owner as part of the Statement of Expense. If the matter is not resolved at the office hearing, the appellant may file a written appeal to the City Council. The written appeal must be filed with the City Clerk within thirty (30) days of receipt of the written decision of the hearing official. The written decision shall advise that the owner has thirty (30) days to bring the subject property into compliance or file a written appeal with the City Council. If the property is not brought into compliance and no appeal to the City Council has been filed within the time specified, the Environmental Health Division shall submit a resolution to be placed on the consent calendar of the City Council approving the Statement of Expense. If the matter is appealed to the City Council and the appeal results in a finding of a violation, the cost of the hearing before the City Council will be added to the cost of abatement and included on the Statement of Expense.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-312 - Environmental Health Division Fees and Fines.

Fees for inspections or permits issued pursuant to this Chapter may be set by resolution of the City Council. All fees and fines collected under the provisions of this Chapter shall be paid into the City Treasury, to the credit of Public Health Services.

(Ord. 2024-18, § 1(Exh. A), 2024)