Rolling Hills Municipal Code Ch. 16.28 Fees-Deposits-Bonds

A filing fee to defray the cost of tentative map checking and processing shall be submitted with the filing of each tentative map. Said fee shall be established by resolution of the City Council.

(Ord. 161 § 11-2.301, 1980).

Upon submission of a final or parcel map, the subdivider shall deposit with the City Engineer a sum of money equal to the amount required by law for filing the map, which money shall be deposited in a trust fund for that purpose until the map is filed. If the subdivider abandons his intention to cause the map to be filed and so notifies the City Engineer in writing, the deposit shall be returned, less all costs and expenses incurred by the City in processing said map.

(Ord. 161 § 11-2.302, 1980).

Upon submission of a final map or parcel map for checking, the subdivider shall pay a map checking fee to the City Engineer. This fee shall be fixed and established by a resolution of the City Council.

(Ord. 161 § 11-2.303, 1980).

A. A subdivider shall pay to the City the following fees for checking improvement plans:

1. For plans for sewers and appurtenant facilities, a fee equal to the cost of checking the plans;

2. For other improvement plans, a fee equal to the cost of checking the plans.

B. Upon submission of plans to the City, the subdivider shall deposit an amount estimated by the appropriate City officer to be adequate to cover the cost of checking the plans. If at any time subsequent to making the deposit the actual funds expended exceed the amount of the deposit, the subdivider shall make an additional payment equal to the deficiency. Excess deposits, if any, shall be returned to the subdivider after completion of the plan checking.

(Ord. 161 § 11-2.305, 1980).

Before commencing construction or installation of a required improvement, the subdivider shall deposit with the City:

A. For inspection of sewers and appurtenant facilities, the sum required by resolution of the City Council; and

B. For inspection of other improvements, a sum estimated by the appropriate City officer to be adequate to cover the actual cost of inspection.

(Ord. 161 § 11-2.306, 1980).

In lieu of making the special deposits required by Section 16.28.050, the subdivider may make and maintain with the City a general deposit in an amount determined by the officer with whom the deposit is made, to be sufficient to protect the City's interest. Such deposits shall not be less than one thousand dollars. The general deposit shall be held and used for the same purposes as a special deposit.

(Ord. 161 § 11-2.307, 1980).

The City shall refund unused deposits for inspection of sewers and appurtenant facilities as provided in Ordinance No. 6130 of the County. In the case of other deposits, if the actual cost of inspection is less than the amount deposited, the City shall refund to the applicant any amount still remaining.

(Ord. 161 § 11-2.309, 1980).

Except as provided in Section 16.28.090, the improvement agreement required by Section 16.20.170 shall be secured by an improvement security.

(Ord. 161 § 11-2.310, 1980).

If a subdivider shows to the satisfaction of the City Engineer that he has entered into a contract with a water utility to construct water mains, which contract makes the City a party thereto, and provides that the contract may not be modified or rescinded without the consent of the City, except as required by the Public Utilities Commission, and has deposited with the water utility security for the payment of the water utility which the City Engineer finds adequate, the subdivider need not accompany an agreement to install water mains with an improvement security.

(Ord. 161 § 11-2.311, 1980).

An improvement security shall be for the following amounts:

A. An amount estimated by the inspecting officer to be equal to one hundred percent of the total cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work; and

B. An additional amount estimated by the inspecting officer to be equal to not less than fifty percent nor more than one hundred percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.

(Ord. 295 § 7 (Exh. A (part)), 2004: Ord. 161 § 11-2.312, 1980).

Improvement securities shall be:

A. A bond or bonds issued by a surety company authorized to write the same in the State;

B. A deposit with the City of cash, negotiable bonds, letters of credit, or savings and loan certificates or shares. Savings and loan shares or certificates shall be assigned to the City; or

C. An instrument of credit from one or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(Ord. 161 § 11-2.313, 1980).

Each improvement security shall be subject to approval and acceptance by the City Council.

(Ord. 161 § 11-2.314, 1980).

When a portion of an improvement has been fully completed, the inspecting officer may, in his discretion, authorize a reduction in an improvement security given for faithful performance equal to the estimated cost of the completed portion of the improvement.

(Ord. 161 § 11-2.315, 1980).

The agreement referred to in Section 16.24.280 shall be accompanied by a bond or cash deposit guaranteeing the faithful performance of the agreement in an amount estimated by the City Engineer to be one hundred fifty percent of the cost of setting monuments and furnishing notes.

(Ord. 161 § 11-2.317, 1980).

The subdivider of property within the City shall dedicate land or pay a fee in lieu thereof for all lots created not having a dwelling unit at the time of tentative map approval for purposes of park and recreational facilities in accordance with the following proportional standards:

A. The amount of fee in lieu of land dedication shall be arrived at by multiplying the per-dwelling average of the total city-wide assessed evaluation of full market value (land and improvements), as determined by the latest available secured County of Los Angeles assessment rolls by the park standard per lot. The park standard per lot is derived by multiplying the park standard per person, set by the Subdivision Map Act, by the city-wide average number of persons per dwelling, derived from the most recent United States census data.

B. The amount of land to be dedicated by a subdivider pursuant to this section shall be based on the conversion of the park standard per lot to acreage. This conversion shall be the city-wide average number of persons per dwelling, derived from the most recent United States census data, divided by the park standard per person set by the Subdivision Map Act and multiplied by forty-three thousand five hundred sixty square feet (one acre).

C. Choice of land or fee payment and the procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

1. At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether it is desired to dedicate property for park and recreational purposes, or pay a fee in lieu thereof. If dedication of land is requested, then the area proposed for dedication shall be shown on the tentative map as submitted.

2. At the time of the tentative map consideration, the City Council shall determine as a part of such proceedings whether to require dedication of land within the subdivision, payment of a fee in lieu, or a combination thereof. The City Council shall evaluate the recommendation of the Advisory Agency in making a determination relative to land dedication or payment of fee in lieu.

3. Where dedication of land is required, it shall be accomplished in accordance with the provisions of the State of California Subdivision Map Act. Where in-lieu fees are required, such fees shall be deposited with the City prior to approval of the final map, and shall be based on the calculations of subsection A of this section.

4. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be solely a City Council decision which shall be determined by consideration of the following:

a. Provisions of the general plan; and

b. Location of land proposed for dedication and ability to serve all residents of the City.

(Ord. 295 § 7 (Exh. A (part)), 2004: Ord. 193 § 1, 1982).