§ 9.20 — Novato Municipal Code

9.20.014.¶

Any express designation in the tentative map regarding land amount shall be preliminary only. The

final determination of the amount of land which will be required for dedication or which will serve as the basis for the in-lieu fee calculation shall be made at the time of the filing of the final map or parcel map based on the formulas contained in subsections 9-20.008 and 9.20.014.

At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by subsection 9-20.008. If the subdivider shall be obligated to pay an in-lieu fee, the subdivider shall pay one-half of the total fee amount prior to the recordation of the final map or parcel map and one-half shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be constructed upon any one of the lots in the subdivision, until all required fees have been paid.

Open-space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final subdivision map or

parcel map.

(Ord. No. 1124, § 2; Ord. No. 1478, § 7)

9-20.024 Disposition of Fees. Fees determined pursuant to subsection 9-20.014 or subsection 9-20.016 shall be paid to the city treasurer and shall be deposited into the Subdivision Park Trust Fund or its successor. Money in said fund shall be used only for the purpose of developing new, or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision on which the fees are imposed. Such uses include, but are not limited to, the purchase of land and/or the improvement of land, as well as the payment of consultation fees, feasibility studies, environmental review costs, professional services and other similar costs and expenses associated therewith.

Collected fees shall be appropriated by the city to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

If such fees are not committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

The city treasurer shall report to the city council at least annually on income, expenditures, and status of the subdivision park trust fund.

(Ord. No. 1124, § 2; Ord. No. 1478, § 8)

9-20.026 Exemptions.

Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of section 9-20; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

The provisions of section 9-20 do not apply to nonresidential subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old from the date of certificate of occupancy when no new dwellings are added.

The approving body may, upon receipt of a written application, waive or reduce the fee required by this section for low or very low income affordable housing units as defined by section 19.24 of the Novato Municipal Code provided the applicant agrees to the requirements and restrictions applicable to affordable housing units as contained in section 19.24.

(Ord. No. 1124, § 2; Ord. No. 1478, § 9)

9-20.028 Subdivider Provided Park and Recreation Improvements. The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The parks and recreation director reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.

(Ord. No. 1124, § 2)

9-20.030 Agency to Accept Land and Fees. Land or fees required under this section shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map or parcel map approval, the approving body shall determine whether a public agency other than the city is the appropriate local agency. The city, county or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision.

(Ord. No. 1124, § 2; Ord. No. 1478, § 10)

9-20.032 Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

(Ord. No. 1124, § 2)

9-20.034 Sale of Dedicated Land. If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for purchase of a more suitable site. If the city determines to dispose of the property, the subdivider or his successor shall have a right of first refusal to purchase the property at fair market value.

(Ord. No. 1124, § 2)

9-20.036 Development Agreement. Except as expressly prohibited by Section 66477 of the California Government Code, the terms and procedures of section 9-20 of the Novato Municipal Code may be waived or modified by development agreement adopted pursuant to Section 65864 et seq. of the California Government Code.

(Ord. No. 1124, § 2)

9-20.038 Effective Date. The requirements of this section shall apply to all tentative maps approved on or after December 18, 1986.

(Ord. No. 1124, § 2)

9-21 - Improvement Plans.

9-21.002 Improvement Plans Required. Street improvement plans, grading plans, landscaping plans, site plans, drainage plans, and utility plans shall be prepared. The plans shall be approved by the city engineer in accordance with the conditions of approval and the tentative map and Chapter V, the Novato Development Standards Ordinance.

At the time the improvement plans are presented to the city engineer for checking, plan checking fees must be paid and supporting documents must be submitted in accordance with subsection 9-9.008.

(Ord. No. 749, § 7.21.002; Ord. No. 1128, § 28)

9-22 - Reserved. 9-23 - Improvements.

9-23.002 Improvement Required. All public and private improvements, necessary to serve each subdivision shall be installed, or the construction of such improvements shall be guaranteed, prior to approval of a final map or parcel map. Improvements shall be in accordance with the conditions of approval of the tentative map and Chapter V, the Novato Development Standards Ordinance.

Improvements for subdivisions requiring a parcel map shall be limited to the dedication of right-of-way, easements and the construction of reasonable off-site and on-site improvements necessary to insure that the resulting lots/parcels are usable for their intended purpose.

Off-site improvements or improvements not contiguous with the subdivision boundary may be required if necessary to protect the public health, welfare or safety.

(Ord. No. 749, § 7.23.002; Ord. No. 1128, § 29)

9-24 - Public Improvements Subject to Reimbursement Agreements.

9-24.002 Public and Intent. The public interest, health and general welfare of the city and its inhabitants require:

That construction of storm drainage facilities, street paving, including curbs and gutters, and other public improvements take place at such time as there are occupied lands to be served thereby;

That when such facilities are constructed, such shall be so sized and located as to be or become an integral part of the planned storm drainage, street and other public improvement systems of the city;

That such construction and such sizing and location shall not be delayed until all lands ultimately to be served by such facilities are developed;

That, therefore, the developers of only a portion of the lands to be served by such facilities sometimes pay the entire costs of such facilities, notwithstanding that a proportionate share of such costs should be borne by

other lands that will in the future be served by such facilities.

(Ord. No. 1173, § 1)

9-24.004 Condition of Approval.

As a condition of approval, the city may require that storm drainage facilities, street paving, including curbs and gutters and other public improvements contain supplemental size, capacity, number or length for the benefit of property not within the subdivision.

If such a condition is imposed, the city shall enter into a reimbursement agreement with the applicant to reimburse the applicant for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.

The method of pavement of the reimbursement agreement shall be as authorized by Government Code Sections 66487, 66488, and 66489, or as such may hereafter be amended.

(Ord. No. 1173, § 1)

9-25 - Monuments.

9-25.002 Monuments Required. At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set durable monuments conforming to Section 8771 of the Business and Professions Code. Such monuments shall also conform to the requirements of Chapter V, the Novato Development Standards Ordinance. The exterior boundary of the land being subdivided shall be adequately monumented or referenced before the final map or parcel map is recorded. Interior monuments shall be guaranteed in accordance with Section 66495 of the Subdivision Map Act. Construction of monuments may be guaranteed in improvement agreements for subdivisions and land divisions.

(Ord. No. 749, § 7.25.002)

9-26 - Reserved. 9-27 - Improvement Agreement and Improvement Security.

9-27.002 When Required. A secured improvement agreement shall be entered into between the subdivider and the city whenever subdivision improvements are to be installed subsequent to the recordation of a final map or parcel map.

(Ord. No. 749, § 7.27.002; Ord. No. 1128, § 30)

9-27.004 Agreement Content. The agreement shall:

Specify that the subdivider will complete the required improvements within a specified time.

Stipulate that the improvements shall be completed to the satisfaction of the city engineer.

Specify that the subdivider shall be responsible for any construction errors or omissions for a period of one year from date of acknowledgement of completion.

Provide for the installation of all monuments.

Provide for inspection of all improvements by the city.

Provide improvement security in accordance with subsection 9-27.008 below.

Specify that, should the subdivider fail to complete the work within the time period specified, the city may complete the work and recover the full cost and expense thereof from the subdivider.

Provide for a period of maintenance as required by Chapter V, the Novato Development Standards Ordinance.

(Ord. No. 749, § 7.27.004)

9-27.006 Required Approvals.

All improvement agreements must be approved by the city attorney as to form and by the city engineer as to the amount of security.

All improvement agreements must be executed by the city manager and the city clerk.

Any improvement agreements, secured for values in excess of eighty thousand ($80,000.00) dollars shall be authorized by the city council.

After completion of the required subdivision improvements, the city council shall accept the work pursuant to the improvement agreement secured for values in excess of eighty thousand ($80,000.00) dollars. After

completion of the required subdivision improvements, the city engineer shall accept the work pursuant to the improvement agreement secured for values less than or equal to eighty thousand ($80,000.00) dollars.

(Ord. No. 749, § 7.27.006; Ord. No. 967, § 16; Ord. No. 1228, § 3)

9-27.008 Improvement Security.

Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

Reduction of Improvement Security. If the subdivision improvements are to be financed and installed pursuant to special assessment proceedings, at the option of the city engineer, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.

Amount. The improvement security for faithful performance of the agreement shall be 100 percent of the total estimated improvement cost, as determined by the city engineer, in accordance with Section 66499.3 of the Subdivision Map Act.

The improvement security securing payment to the contractor, subcontractor and to persons furnishing labor, materials and equipment shall be 100 percent of the total estimated cost as determined by the city engineer.

Release. The improvement security required by this chapter shall be released in the following manner:

Security given for faithful performance of any act or agreement shall be released upon final completion and acceptance of the act or work, except that such security shall not be released beyond that amount determined as necessary by the city engineer for the required guarantee and warranty period.

(a)

The city council may establish rules and regulations providing for the partial release of performance security upon the partial performance of the work or acceptance of the work as it progresses.

Improvement security shall not be released beyond that amount determined as necessary by the city engineer for the correction of errors or omissions in construction and for the required period of maintenance.

The city engineer may authorize the subdivider to post separate security instruments for the required period of guarantee and warranty.

Any remaining improvement security or the maintenance and errors or omissions security shall be released by the city engineer upon expiration of the required one year guarantee and warranty period in accordance with the agreement. With this release, the Subdivision Improvement Agreement shall be terminated.

Security securing the payment to contractor, their subcontractors and to persons furnishing labor, materials or equipment shall be released in accordance with Government Code Section 66499.7.

(Ord. No. 749, § 7.27.008; Ord. No. 1059, § 17; Ord. No. 1089, § 1; Ord. No. 1181, § 1; Ord. No. 1228, § 4)

9-28 - Reserved. 9-29 - Utilities and Utility Map.

9-29.002 Utility Design. Utility design shall conform to the requirements of each utility company, agency, or district, and Chapter V, the Novato Development Standards Ordinance. Three copies of an approved utility plan, signed by all involved utility companies, agencies and districts must be provided the city prior to the recording of a final map.

When street lights are required, the subdivider must install them at his expense. The subdivider must make all financial arrangements with the utility company so that the lowest possible rates for a utility owned system are available to the city.

Whenever the city imposes a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing telephone or cable television facilities, the developer or subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding or relocation, pursuant to Section 66473.6 of the Subdivision Map Act.

(Ord. No. 749, § 7.29.002; Ord. No. 1128, § 31)

9-30 - Reserved. 9-31 - Reversion to Acreage.

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter and the Subdivision Map Act.

9-31.002 Initiation of Proceedings by Others. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the city engineer. The petition shall conform to the information required by subsection 9-9.006 and such other information required by the city.

(Ord. No. 749, § 7.31.002)

9-31.004 Initiation of Proceedings by the City Council. The city council on its own motion may initiate proceedings to revert property to acreage. The city council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

(Ord. No. 749, § 7.31.004)

9-31.006 Data for Reversion to Acreage. Petitioners shall file the following:

Evidence of title to the real property.

Evidence of consent of all the owners of and interests in the property or evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or evidence that no lots shown on the final or parcel maps have been sold within five years from the date such final map or parcel map was filed for record.

A final map in the form prescribed by section 9-9 of this chapter which delineates dedications not to be vacated and dedications required as a condition to reversion.

(Ord. No. 749, § 7.31.006)

9-31.008 Fees. Fees for processing reversion to acreage maps shall be paid in accordance with subsection 9-