407.02: IMPROVEMENTS: — Porterville Zoning Code

A. General Requirements. The subdivider shall install improvements in accord with the general requirements set forth in this chapter; provided, however, the Engineering and Project Management Director may require changes in typical sections and details if unusual conditions arise to warrant such changes.

B. Standard Specifications. All improvements shall conform to the requirements contained in the City of Porterville Standard Plans and Specifications, Standard Specifications for Public Works Construction, Caltrans Standard Specifications for street structural section components, and Work Area Traffic Control Handbook, as all of same now exist or are subsequently amended. Copies shall be maintained on file in the office of the City Clerk and the Engineering and Project Management Director.

C. Improvement Plans. Construction of improvements shall not commence until calculations, plans, profiles, and specifications for such work have been submitted to and approved by the City Engineer or Engineering and Project Management Director. Such items shall be approved prior to recording the final map. Construction of all improvements shall conform to the approved improvement plans and specifications and approved amendments thereto. After construction is completed, the subdivider’s engineer shall show all changes made on the original set of plans and provide them to the city marked “as built plans.”

D. Improvement Construction Inspection and Supervision. All improvements shall be inspected and approved by the Engineering and Project Management Director or its authorized representative. The subdivider shall be responsible for the actions of its contractor. Twenty-four (24) hours minimum notice will be required prior to an inspection by city personnel.

E. Plan Check and Inspection Fees. Subdivider shall be required to pay a plan check and inspection fee which shall include all charges for engineering and inspection services and rendered by the city. The plan check and inspection fee shall be as indicated in the City Comprehensive Fee Schedule.

F. The plan check fee shall be paid prior to commencement of plan checking by the city. The inspection fee shall be paid prior to any construction work requiring inspection.

G. Required Improvements Enumerated. The subdivider shall improve, or agree to improve, all streets, highways, or ways in or adjacent to the subdivision. All improvements shall be installed to permanent line and grade in accordance with the approved improvement plans for that subdivision on file with the Engineering and Project Management Director. Improvements which the subdivider shall make, or agree to make, at the cost of the subdivider, shall be as follows:

or agree to improve, all streets, highways, or ways in or adjacent to the subdivision. All improvements shall be installed to permanent line and grade in accordance with the approved improvement plans for that subdivision on file with the Engineering and Project Management Director. Improvements which the subdivider shall make, or agree to make, at the cost of the subdivider, shall be as follows:

Underground Utilities. All utility distribution facilities, including but not limited to electric, communication, and cable television lines installed in and for the purpose of supplying service to any subdivision, shall be placed underground in accordance with the utility’s rules and regulations on file with the California Public Utilities Commission. Equipment appurtenant to underground facilities, such as surface-mounted transformers, street light poles, pedestal mounted terminal boxes and meter cabinets and concealed ducts may be installed above the surface of the ground. The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. All underground utilities, sanitary sewers, and storm drains installed in streets, service roads, alleys or highways shall be constructed in accordance with the standard specifications prior to the surfacing of such street, service road, alley or highway. Service connections for all underground utilities and sanitary sewers shall be placed in such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.
Streets. All streets shall be graded and surfaced to cross sections and grades approved the Engineering and Project Management Director.
Structures. Structures shall be installed as required for drainage, access and/or public safety. Such structures shall be placed to grades and shall be of a design approved by the Engineering and Project Management Director.
Grading and Drainage. Site grading and drainage taking into consideration the drainage pattern of adjacent improved and unimproved property and treating upstream areas, where appropriate, as though fully improved.
Sidewalks, Curbs, Gutters and Driveway Approaches. Curbs, gutters, sidewalks and driveway approaches shall be installed to grades approved by the Engineering and Project Management Director.
Sanitary Sewers. Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, locations, design and size approved by the Engineering and Project Management Director. No septic tanks or cesspools shall be permitted.
Storm Drains. Storm water sewers shall be installed as required by the Engineering and Project Management Director.
Water Supply. Each unit or lot within the subdivision shall be served by an approved public domestic water system.
Fire Flow and Fire Hydrants. As provided in the California Fire Code, an approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. The required fire flow shall be determined by the Fire Chief.

a. The location, number, and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the Fire Chief. All hydrants shall be accessible to the Fire Department by access roadways meeting California Fire Code requirements for “Access Roadways for Fire Apparatus”. Such fire protection facilities including all surfaces access roads shall be installed and made serviceable by the subdivider prior to the time of construction.

b. When fire hydrants density, as determined by the hydrant spacing requirement, is not sufficient to provide the required fire flow, additional fire hydrants may be required by the Fire Chief.

c. Design, locations, and layout of water mains and fire hydrants shall be approved by the Engineering and Project Management Director and the Fire Chief, and shall be installed by the subdivider.

Subdivision Trees. Subdivision trees and landscaping design shall be approved by the city and shall be planted at a time and in locations approved by the Parks and Leisure Services Director, all in general accord with the requirements of the Porterville Municipal Code.

a. At least one (1) tree shall be planted on each residential lot. Five (5) gallon trees shall be installed upon all lots abutting interior, local and collector street, and fifteen (15) gallon trees shall be planted upon parcels having frontage on arterial thoroughfares.

b. The subdivider shall be required to plant street trees at thirty-five (35) feet on center along all parkways (including median island parkways and parkway strips located between the sidewalk and back of curb) within and/or bordering the subdivision.

Street Signs. Street signs shall be installed by the city at the subdivider’s expense. Any required barricades to prevent traffic access at dead-end streets shall be provided by the subdivider in accord with the standard specifications.
Street Lights. Street lights shall be installed by the subdivider at locations designated by the City Engineer.
Railroad Crossings. Provisions shall be made for any and all active rail lines necessary to provide access to, or circulation with, the proposed subdivision, including the preparation of all documents necessary for application to the Public Utilities Commission of the State of California for the establishment and improvement of such crossing.
Lot Corners. The subdivider’s engineer shall set at all lot corners a marker consisting of a one (1) inch diameter iron pipe eighteen (18) inches long, with the surveyor or engineer’s marker thereon.
Benchmarks. The subdivider’s engineer shall set at least two (2) bench marks in the subdivision tied to North American Vertical Datum of 1988.
Temporary Drainage Reservoir lots. Temporary drainage reservoir lots, when approved, shall be designed and constructed to the requirements of the Engineering and Project Management Director and the Parks and Leisure Services Director.
Others. Other improvements deemed necessary by the City Council for the public health, safety or welfare. H. Agreement for Installation of Improvements. Prior to the approval by the City Council of the final map, the subdivider shall execute and file an agreement between the subdivider and the city, specifying a period of time, agreeable to the Engineering and Project Management Director, which shall be not greater than one (1) year, within which all improvement work shall be completed to the satisfaction of the Engineering and Project Management Director, and providing that if the subdivider shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the Engineering and Project Management Director or designee and reimbursement to the city by the subdivider for the cost of such inspection. Such agreements may also provide:
For the construction of the improvements in units.
For an extension of time under conditions therein specified.
For the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the Engineering and Project Management Director to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider.
For progress payments to the subdivider, or his order, from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided in this chapter; provided, however, that no such progress payment shall be made for more than ninety (90) percent of the value of any installment of work, and provided that each such installment of work shall be completed to the satisfaction of the Engineering and Project Management Director.
The subdivider to arrange a preconstruction conference with the city, involving representative(s) of all contractors who are to work on the improvements, one (1) week prior to the initial start of construction.
The subdivider to give the city twenty-four (24) hours’ notice to restarting work if no construction work has been done for two (2) or more prior work days.

I. Construction of Improvements Absent Subdivision Agreement. If the subdivider chooses to construct improvements absent a subdivision agreement, pertaining to the improvements to be constructed, as specified in Section 407.02(g), Agreement for Installation of Improvements, then the subdivider shall execute and file a preliminary subdivision agreement between the subdivider and the city. The preliminary subdivision agreement shall specify a period of time, not to exceed one

chooses to construct improvements absent a subdivision agreement, pertaining to the improvements to be constructed, as specified in Section 407.02(g), Agreement for Installation of Improvements, then the subdivider shall execute and file a preliminary subdivision agreement between the subdivider and the city. The preliminary subdivision agreement shall specify a period of time, not to exceed one

(1) year, within which all improvements shall be completed, and providing that if the subdivider shall fail to complete such work within such period, the city may increase inspection fees to recover any additional inspection costs incurred by the city. Such agreements may also provide for:

The subdivider to arrange a preconstruction conference with the City, involving representative(s) of all contractors who are to work on the improvements, one (1) week prior to the initial start of construction.
The subdivider to give the City twenty-four (24) hours’ notice to restarting work if no construction work has been done for two (2) or more prior work days.

J. Improvement Security.

Security. The subdivider shall file with the agreement required by the provisions of subsections (g) and (h) above, to assure his full and faithful performance thereof, a bond or security for such sum as the Engineering and Project Management Director deems sufficient to cover the cost of the improvements.
Security, Form, and Amount. Such security shall be in the manner, form, and kind provided by the Map Act and acceptable to the city attorney. The security shall be in the amount of one hundred (100) percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of one hundred (100) percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements. The security provided shall guarantee maintenance and/or repair of all defects in required public improvements for a period of one (1) year following acceptance of said improvements by the city. In lieu of a one hundred (100) percent performance bond and one hundred (100) percent labor and materials bond, surety may be assured by the filing of a letter of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to one hundred and ten (110) percent of the cost of the work estimated by the Engineering and Project Management Director. Said trust fund shall be maintained in a financial institution subject to regulation by the state and federal government with the trust fund limited to the following conditions:

a. Ten (10) percent of the cost, representing a labor and materials deposit, to be retained for thirty-five (35) days after the filing of the notice of completion.

b. Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety (90) percent of value of work completed, with authorization of the Engineering and Project Management Director until all work is completed and the notice of completion is filed; at which time the remaining funds shall be released thirty-five (35) days thereafter.

c. Prior to final acceptance by the city of improvements, the subdivider shall provide the city with a one (1) year maintenance bond in the amount of five (5) percent of the estimated cost of improvements.

Completion of Work by City. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this Series and the city shall have completed the same, or if the subdivider shall fail to reimburse the city for the cost of incidental expenses or to cover the cost of replacement and the repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one (1) year guarantee period, the city shall demand performance of the agreement by the subdivider to do such work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of such bond or certification, less the cost and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured in an action to be brought therefore by the city.

K. Supplemental Improvements.

Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. Supplemental size, capacity or number shall mean that size, capacity or number in excess of the minimum standard city requirements.
Improvement Security. When constructing off-site improvements, the subdivider shall file a bond or security in accordance with subsection (i) above for such sum as the City Engineer deems sufficient to cover the cost of the improvements to assure his full and faithful performance thereof.
Reimbursement Agreement. The city shall enter into an agreement for reimbursement to the subdivider. However, the subdivider shall be reimbursed only for that portion of the cost of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only, and the actual cost of oversize improvements or in the case of Master Plan facilities, the subdivider is entitled to one hundred (100) percent of the reimburse cost.

ivider. However, the subdivider shall be reimbursed only for that portion of the cost of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only, and the actual cost of oversize improvements or in the case of Master Plan facilities, the subdivider is entitled to one hundred (100) percent of the reimburse cost.

Non-Master Plan Reimbursement Procedures. The subdivider shall submit a written request, along with supporting documentation to the Engineering and Project Management Director. To pay the cost of such reimbursement, the City Council may at its discretion:

a. Immediately reimburse the subdivider for the entire cost of oversizing and thereafter levy a charge upon the real property benefitted thereby; or
b. Collect a reasonable use charge for the account of the subdividers from persons not within the subdivision using the oversized improvements.

Master Plan Reimbursement Procedures. Upon the expiration of thirty (30) days from the date of the notice of completion, money may be disbursed from the master plan facilities construction fund to pay for or to reimburse others for the cost of all the work referred to in said notice of completion; said money disbursed shall be the actual value of the work completed, as determined by the Engineering and Project Management Director. The developer shall submit all documentation necessary to support final payment within ninety (90) days of the filing of the notice of completion. Failure to do so may void developer’s right to request reimbursements.

L. Utility Fees and Off-Site Charges.

The subdivider shall pay utility fees for sewer, water and storm drainage as may be required by applicable Council resolution or ordinance.
Engineering plan checking, inspection fees, final map review fee, and off-site charges, i.e., street signs, stop signs, pavement markings, etc., shall be paid prior to approval of the subdivision agreement by the City Council. (Ord. 1870, 6-22020)