Piedmont Municipal Code Art. VII Design and Improvements

The subdivider shall design and construct all required improvements on-site and off-site in accordance with standard engineering details and standard details and other approved standards, as provided by this article and as adopted by the city. Subject to the Subdivision Map Act, the city engineer may authorize an exception to the construction standards in this Article.

A decision or interpretation by the city engineer regarding the specifications, details or design of improvements is final unless appealed under Piedmont Municipal Code Section 19.24.

No map may be presented to the council for approval until the subdivider either completes the required improvements or enters into an improvement agreement with the city.

A.
General. All improvements required as tentative map conditions of approval or by city ordinance or resolution, together with the required improvements set forth below, are required of all subdivisions.

B.
Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including, but not limited to, street structural sections, curbs, sidewalks, driveway approaches and transitions. Transit facilities (bus shelters, bus turnouts and bus pads) shall be provided on a collector street or major street when requested by the local transit authority.

C.
Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in run-off attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

D.
Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system, designed for the ultimate development of the area.

E.
Water Supply. Each unit or lot within the division shall be served by an approved domestic water system.

F.
Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone or cablevision facilities.

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G.
Underground Utilities. All existing and proposed utilities within the subdivision and along street frontages adjacent to the subdivision shall be placed underground if the adjacent property has underground facilities. The city council may, in its discretion, waive the undergrounding requirement and may then require a fee in lieu of the undergrounding. The amount of the fee shall be determined by the city engineer, based on the reasonable estimated cost of that portion of a future underground project attributable to the subdivision. Any in lieu fees shall be placed in a special undergrounding account.

H.
Access. Every lot or parcel created shall have access to a public or private street.

Lots located on public streets in zoning districts other than residential shall

have a minimum frontage in accordance with the Piedmont Zoning Code.

Lots located on public streets in residential zoning districts shall have a

minimum frontage in accordance with the Piedmont Zoning Code.

Lots located on private streets are subject to the frontage requirements of Piedmont Zoning Code 17.10.3, 17.12.3 and 17.14.3. The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of a proposed private street, the topography and means of access to each lot, and the drainage, water supply, sewerage and the utilities of the lots served by the private street.

Reserve strips, or nonaccess at the end of streets or at the boundaries of the

subdivision, shall be dedicated unconditionally to the city when required by

the city.

I.
Monuments.

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

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 by a specified date and if the subdivider provides security to guarantee the cost.

Within five days after the final setting of all monuments, the engineer or surveyor shall give written notice to the subdivider and to the city engineer.

45 J.
Other Improvements. Other improvements such as street lights, fire hydrants, signs, street trees and landscaping, or fees in lieu of any of the foregoing, are required as determined by the city engineer in accordance with this chapter and city standards and specifications.

A.
Every street, alley, walkway, drainage channel, reserve strip (or waiver of access rights), easement, and other right-of-way shown on the final or parcel map intended for public use shall be offered for dedication at the time the final or parcel map is filed. (GC §§66475, 66476, 66477.1, 66477.2, 66477.3)

B.
When property is dedicated in fee for public purposes, other than for open space, parks or schools, the city shall record with the county recorder a certificate, attached to the map, which contains:

The name and address of the subdivider;

A legal description of the dedicated property; and

A statement that the city shall reconvey the property if the city determines that the public purpose or the need for the property no longer exists. (GC §66477.5)

C.
The subdivider shall provide rights-of-way and easements for all on-site and off- site streets, utilities, sidewalks and appurtenant landscaping. The subdivider shall pay all acquisition costs.

D.
If any off-site rights-of-way or easements are required:

The subdivider shall enter into the city’s standard right-of-way agreement which specifies how and when the necessary title to an interest in the land shall be acquired. The subdivider shall enter into this agreement before the first plan check of the map and improvement plans are submitted to the city.

Before city council approval of the final map, one of the following must

have occurred:

a.
The city has received signed deeds for all off-site rights-of-way and

easements; or

b. The subdivider has executed the standard city contract for real property acquisition and deposited the estimated acquisition costs into a city trust account, and the subdivider has formally requested and the city council has approved a resolution of intent to use its

46 powers of condemnation to acquire the rights-of-way and/or easements.

A.
Minor Subdivisions. When improvements are deferred, the owner of the real property shall enter into an agreement with the city in a form acceptable to the city engineer and city attorney for the installation of all frontage improvements at a time in the future as specified by the city. The agreement shall provide that: (GC §66411.1)

The owner shall begin construction of improvements within 90 days of the receipt of the notice to proceed from the city, or as mutually agreed upon in writing;

In the event of a default by the owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the owner, including interest from the date of notice of the cost and expense until paid. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution;

The agreement shall be recorded with the county recorder at the expense of the owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it; and

In the event of litigation occasioned by default of the owner, the owner agrees to pay all costs involved, including reasonable attorneys’ fees. Those costs shall become a part of the lien against the real property.

The construction of deferred improvements shall conform to this chapter and all applicable provisions of this code in effect at the time of construction.

B.
Remainder. For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until the city is ready to issue a permit or other grant of approval for development of the remainder parcel or until the construction of the improvements is required under an agreement between the subdivider and the city. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and before the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city that

47 fulfillment of the construction requirements is necessary for reasons of: (GC §66424.6)

The public health and safety; or

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

If a designated remainder is subsequently sold, the owner must obtain a certificate of compliance or conditional certificate of compliance from the department before development occurs.

A.
General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer and shall conform to the conditions of approval and to the standard engineering details of the city. Improvement plans shall include those improvements specified in Piedmont Municipal Code section 19.46. (GC §66456.2)

B.
Form and Contents. The form and contents of the improvement plans shall conform

to the Subdivision Manual .

C.
Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required shall be submitted with the improvement plans. All calculations shall be legible, systematic, signed and dated by a registered civil engineer and in a form approved by the city engineer.

D.
Filing – Review by the City Engineer. The subdivider shall submit copies of the preliminary improvement plans and all computations to the city engineer for review. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider. If any revisions are necessary, the subdivider shall submit the corrected improvement plans and computations to the city engineer. The city engineer shall act on the improvement plans within 60 working days of its submittal, plus extensions agreed to or necessitated by corrections, as provided in Government Code section 66456.2. (GC §66456.2)

E.
Approval by the City Engineer.

After the subdivider has completed all required revisions, the subdivider

shall transmit the corrected originals of the improvement plans to the city

engineer for signature.

48 2.
Upon finding that the required revisions have been made and that the plans conform to all applicable city ordinances and plans, design requirements and conditions of approval of the tentative map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider. Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone, and cable television service construction plans.

Approval by the city engineer in no way relieves the subdivider or the subdivider’s engineer from responsibility for the design of the improvements or for deficiencies resulting from the design or from any required conditions of approval of the tentative map.

The approval of the improvement plans by the city engineer, or the city engineer’s certification that no improvements are required, is a condition precedent to the approval of the final or parcel map of the subdivision.

F.
Revision to Approved Plans.

By Subdivider. A request by the subdivider for a revision to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the city engineer and is consistent with the tentative map, the original shall be submitted to the city engineer’s office for initialing. The original shall be returned to the subdivider, and the revised plans shall be immediately transmitted to the city engineer. Construction of any proposed revision may not begin until the city engineer receives and approves revised plans.

Plan Checking and Insertion Costs for Revisions. Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider in accord with the schedule of fees adopted in accord with Piedmont Municipal Code section 19.25. A deposit, when required, shall be submitted with the revised plans and applied toward the costs. (GC §66456.2)

Before a final map or parcel map is approved by the city council, the subdivider shall submit a signed subdivision improvement agreement assuring the completion of improvements within a specified time and payment for them. The agreement will be based on the city’s standard form of subdivision improvement agreement and shall include (but is not limited to): the developer’s promise to complete certain improvements and to perform repairs or corrective work for one year after acceptance by the city; the time of completion; special conditions; insurance requirements and improvement security requirements for

49 faithful performance, labor and materials and warranty period; and a promise to pay the city’s legal fees if the subdivision approval is challenged. (GC §§66462, 66474.9)

The subdivision improvement agreement must be approved as to form by the city attorney. The executed improvement agreement shall be recorded in the office of the county recorder and shall bind the subdivider’s successors-in-interest.

A.
General. An 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 accord with Section 66499 et seq. of the Subdivision Map Act and as provided in this section, and subject to city attorney approval.

B.
Amount of Security.

The subdivider shall provide a bond or other security in the amounts set forth. In all cases, “improvements” are those defined at Section 19.11.27:

a.
100% of the total estimated construction costs to guarantee the construction or installation of all improvements;

b.
100% of the estimated construction cost to guarantee payment to subdivider’s contractor, and to subcontractors and to persons furnishing labor, materials, or equipment for the construction or installation of improvements; and

c.
15% of the cost of the improvements to guarantee the improvements against any defective work or labor done, or defective materials used in the performance of the improvements for the warranty period of one year following completion and acceptance of the improvements warranty security. The security for this warranty period may be provided either (a) at the time of signing the subdivision improvement agreement or (b) when the construction is completed, before the city accepts the improvements or releases the performance security, at the subdivider’s option. (GC §66499.3(d))

d. a cash deposit in an amount determined by the city engineer, not to exceed 1% of the total construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after construction of the subdivision. Any unexpended amount will be returned to the subdivider when all bonds and other security are released.

50 2.
As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys’ fees, incurred by the city in enforcing the obligations secured. (GC §§66499.3, 66499.4)

The estimate of improvement costs shall be as approved by the city engineer and shall provide for:

a.
Total construction costs;

b.
10% of the total construction cost for contingencies;

c.
Increase for projected inflation computed to the estimated end of

construction;

d.
All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to ensure installation; and

e.
Enforcement costs calculated as $25,000 or five percent of the estimated construction cost, whichever is greater. These enforcement costs are not added if the bond language includes enforcement costs in addition to the face amount of the bond.

C.
Forms of Security. The form of security shall be one or a combination of the following at the option of and subject to the approval of the city attorney:

A bond by an insurer admitted to transact surety insurance in the state of California. The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act;

A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

An irrevocable letter of credit from one or more financial institutions regulated by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will be released only upon receipt of written instructions from the city. (The form of the letter must be approved by the city attorney);

An instrument of credit from an agency of the state, federal or local government when any agency of the state, federal or local government

51 provides at least 20 percent of the financing of the portion of the project requiring security; (GC §66499(a))

A lien upon the property to be divided, created by contract between the owner and the city, if the city finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; the lien shall conform to Government Code Section 66499(b);

A deed of trust which shall be recorded in the Alameda County recorder’s office and which conforms to Government Code Section 66499(b); or

Any other comparable form of security, acceptable to the city, as provided in Section 66499 of the Subdivision Map Act.

D.
Release of Improvement Security.

Performance Security. The city shall release performance security only

upon acceptance of all improvements by the city. (GC §§66499.7 (a),

66499.8)

Material and Labor Security. The city shall reduce security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment, six months after the completion and acceptance of improvements by the city, to an amount equal to the amount of all claims filed and of which notice has been given to the city. The city shall release the balance of the security upon the settlement of all claims and obligations for which the security was given. (GC §66499.7(b))

Warranty Security. The city shall release the warranty security upon

satisfactory completion of the warranty period; provided:

a.
All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; and

b.
Not less than 12 months has elapsed since the acceptance of the improvements by the city. (GC §§66499.3(d), 66499.7, 66499.9)

A. The construction methods and materials for all improvements shall conform to the conditions of approval, standard engineering details and are subject to inspection and approval by the city engineer. Construction shall not begin until all required improvement plans are approved by the city engineer. Grading plans must conform to submitted improvement plans.

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B. A final report acceptable to the city engineer shall be prepared for each preliminary soil engineering report and for each preliminary engineering geology report. Each final report shall be submitted at the completion of the grading work, prior to the release of grading bonds, and prior to issuance of building permits. Each final report shall contain complete field data to indicate full compliance with the preliminary report and subsequent recommendations based on new information acquired during construction. The soil engineer shall provide written approval as to the adequacy of the site for the intended use based on soil engineering factors. The engineering geologist shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors. (GC §§66490, 66491)

C. The subdivider shall notify the city engineer two full working day before beginning any work. All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the city engineer. The city engineer shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the requirements of this chapter. If any of the work on improvements is done by the divider before the inspection of the improvements as required by the city engineer, the city engineer may reject that work, and it is deemed to have been done at the risk of the subdivider.

D. The subdivider shall prosecute the work to completion without undue delay except for inclement weather or other reasonable cause. If there is a delay in completion of the work beyond the period stated in the subdivision agreement, unless an extension is approved by the city council and the surety company, the city council may take appropriate steps to use the security to complete the work.

E. The city engineer shall also inspect private streets and the utility systems improvements for conformance with this code, the Piedmont Zoning Code, and the city’s standard engineering details.

A.
Completion.

The subdivider shall complete the improvements for a subdivision within 12 months from the recording of the final or parcel map, unless (1) an extension is granted by the city council, or (2) Government Code section 66411.1 applies.

If the subdivider fails to complete the improvements within the specified time, the city may, by resolution of the city council, cause the uncompleted improvements to be completed, and the parties executing the performance security shall be firmly bound for the payment of all costs.

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The city may not issue a certificate of occupancy until all of the public improvements have been completed.

B.
Extensions.

The city council may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The extension shall not exceed 12 months. The request shall be made at least 30 days before expiration of the subdivision improvement agreement. No extension shall be granted if any lot within the subdivision has been sold.

The subdivider shall enter into a subdivision improvement agreement extension with the city. The agreement shall be prepared by the city engineer, approved as to form by the city attorney, executed by the subdivider and surety and transmitted to the city council for its consideration. If approved by the city council, the mayor shall execute the agreement on behalf of the city.

In passing upon a request for a subdivision improvement agreement extension, the city may require the following:

a.
Revision of improvement plans to provide for current design and construction standards when required by the city engineer;

b.
Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;

c.
Increase of improvement securities in accordance with revised construction estimates;

d.
Increase of inspection fees to reflect current construction costs; however, inspection fees are not subject to decrease or refund; and

e.
The city council as a condition to approving a time extension for the completion of improvements may impose additional requirements relating to the physical improvements, considered necessary to bring the project into compliance with current ordinances, standards and policies.

The subdivider shall pay the costs incurred by the city in processing the extension request and extension agreement.

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When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the city shall consider the subdivision improvements for acceptance. With the recommendation of the city engineer, the city council shall act by resolution accepting the improvements for maintenance and also accepting the public streets and easements (which were previously rejected) for these improvements. When dedications of rights-of-way, dedications of easements or improvements are accepted for public purposes, the city clerk shall file a notice with the county recorder.