San Benito County Municipal Code Ch. 23.17 Improvements

(A) The improvements set forth in this chapter shall be required for all subdivisions unless the Planning Commission finds that due to the particular circumstances of the subdivision, said improvements are not necessary, are not desirable, or that alternatives are desired for the public health, safety and welfare, or are less damaging to the environment, or makes the determination to defer said improvements. The Planning Commission may defer frontage improvements for the following projects:

(1) Minor subdivisions where the property is built-out to its maximum density and no new traffic impacts will be generated by the subdivision.

(2) Minor subdivisions where no lots will be sold and no building permits for new, single-family dwellings will be applied for. A deed restriction prohibiting the sale of all unimproved lots and designating each lot as "non-buildable" until such time as the required frontage improvements are completed shall be required as a condition of approval.

(3) Large lots (as defined in § 23.07.001(C)) within the boundaries of any adopted specific plan and utilized for financing and/or planning purposes only, until further subdivision of the large lot parcels.

In order for the Planning Commission to defer frontage improvements, it must find that due to the particular circumstances of the subdivision, no additional traffic or road impacts will take place. The subdivider shall pay the expense of all required improvements.

(B) Large lots (as defined in § 23.07.001(C)) within the boundaries of any adopted specific plan and utilized for financing and/or planning purposes only otherwise are exempt from the provisions of this Chapter 23.17.

(C) No final map shall be presented to the Board of Supervisors or parcel map to the County Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the county to complete the improvements at the subdivider's expense.

(D) Requirements for the construction of on- and off-site improvements for subdivisions of four or fewer parcels shall be noted by a statement on the parcel map, or on the certificate of waiver of the parcel map requirement.

(1966 Code, § 17-63) (Ord. 617, § 2(part); Ord. 829, § 1; Ord. 860, § 4 (part), 2010)

All required improvements, both on- and off-site, shall be subject to the approval of the County Engineer and shall be constructed in accordance with the standard engineering specifications and other approved standards as provided by this title and by ordinance or resolution of the Board of Supervisors.

(1966 Code, § 17-64) (Ord. 617, § 2(part))

(A) Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural sections, curbs, sidewalks, driveway approaches and transitions.

(B) 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 and shall be capable of collecting and conveying runoff generated by a 100-year flood. The storm drain system shall provide for the protection of abutting and off-site properties that could be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement. Internal drainage facilities shall be designed and constructed in conformance with county standards for subdivision improvements.

(C) Sanitary sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system or on-site sewage disposal system, in accordance with the provisions of Chapter 15.07 of this code.

(D) Water supply. Each unit or lot within the subdivision shall be served by an approved domestic water system, in accordance with the provisions of Chapter 15.05 of this code and state law.

(E) Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cablevision facilities where available.

(F) Underground utilities.

(1) All proposed utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by Public Utilities Commission regulations. Undergrounding of existing utilities shall be required for overhead lines on the development side of peripheral streets. Power transmission of voltage greater than 21 KV shall be exempt from this section.

(2) The developer may request that the undergrounding requirement along peripheral streets be waived by the Planning Commission. The Planning Commission may, at its discretion, accept a fee in lieu of the undergrounding. The amount of the fee shall be determined by the County Engineer and shall be based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding shall be a condition of approval of the tentative map, except as provided below.

(3) Undergrounding requirements may be waived or modified by the Planning Commission only upon finding:

(a) The subdivision is within an area where existing utilities have not been underground;

(b) Undergrounding of utilities is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements; and

(c) Overhead utilities will have no significant visual impact.

(4) If the undergrounding requirements are waived as provided in division (F)(3) above, the in-lieu fee as established by the County Engineer may be made a condition of approval of the tentative map.

(5) In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the Board of Supervisors for future undergrounding of utilities throughout the county.

(6) The provisions of this division are in addition to, and not in substitution for or limitation of, the provisions of Chapter 15.03 of this code.

(G) Fencing. Each unit or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence adequate to prevent unauthorized access between the properties.

(H) Other improvements. Other improvements including, but not limited to, grading, street lights, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities and fences, or fees in lieu of any of the foregoing, shall also be required as determined by the County Engineer in accordance with this code, the general plan and county standards and specifications.

(I) Off-site improvements. If as a condition of a tentative map a subdivider is required to construct off-site improvements on land in which neither the subdivider nor the county has sufficient title or interest to allow construction at the time the map is recorded with the county, the county shall, within 120 days of recording the final map, acquire by negotiation or commence condemnation of the land in conformity with Cal. Gov’t Code § 66462.5. If the county fails to meet the 120-day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the county may require the subdivider to enter into an agreement to complete the off-site improvements at the time the county acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

(1966 Code, § 17-65) (Ord. 617, § 2(part))

(A) As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when the supplemental size, capacity, number or length is for the benefit of property not within the subdivision, the county shall, subject to the provisions of Cal. Gov’t Code §§ 66485 through 66489, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements.

(B) The Board of Supervisors shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

(1) The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for the use;

(2) The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefitted to reimburse the county for the costs, together with interest thereon, if any, paid to the subdivider; and

(3) The establishment and maintenance of local benefit districts for the levy and collection of the charge or costs from the property benefitted.

(C) No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the Board of Supervisors in accordance with the provisions of § 23.15.010 and the Board of Supervisors finds that the charge, area of benefit or local benefit district is reasonably related to the cost of the supplemental improvements and the actual ultimate beneficiaries thereof.

(D) In addition to the notice required by § 23.15.010, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. A copy of the notices shall be mailed to the Clerk of the Board at least ten days prior to the date established for the hearing.

(1966 Code, § 17-66) (Ord. 617, § 2(part))

(A) Minor subdivisions or parcel maps.

(1) With respect to minor subdivisions, or parcel maps, the frontage improvements required by this chapter may be deferred when deemed necessary by the County Engineer. When the improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the county, in a form acceptable to the County Engineer and County Counsel, for the installation of all frontage improvements at a time in the future as specified by the county. The County Engineer shall execute the agreement on behalf of the county. The agreement shall provide the following:

(a) That construction of improvements shall be completed within one year of the date of commencement of the work; the date shall be specified by the county;

(b) That in the event of a default by the subdivider and/or owners, the county is authorized to cause construction to be done and to charge the entire cost and expense thereof to the subdivider and/or owners, including interest from the date of notice of such cost and expense until paid;

(c) That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owners 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 county, including interest as provided above, subject to foreclosure in the event of a default in payment;

(d) That in the event of litigation occasioned by any default of the subdivider and/or owners, the subdivider and/or owners agree to pay all costs involved, including reasonable attorney’s fees, and that the same shall become a part of the lien against the real property;

(e) That the terms “subdivider” and “owner” shall include, respectively, not only the subdivider and the present owner of the real property, but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it;

(f) Any other improvement security as required by § 23.17.009;

(g) Cash deposit, if determined necessary by the County Engineer; and

(h) Any other provisions required by the county as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this code.

(2) The construction of deferred improvements shall conform to the provisions of this title and all applicable chapters of this code in effect at the time of construction.

(B) Remainders. Where a remainder is made part of a final or parcel map, the subdivider shall enter into an agreement with the county to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for development of the remainder. The improvements shall be at the subdivider’s expense. The county may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(1) The public health safety; or

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

(1966 Code, § 17-67) (Ord. 617, § 2(part))

(A) General. The design and layout of all required improvements, both on-and off-site, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, the Subdivision Map Act, applicable provisions of this code, adopted county standards, general plan and any applicable specific plan.

(B) Energy conservation.

(1) The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

(2) Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

(3) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, contour, configuration of the parcel to be divided and other design and improvement requirements. The provisions shall not result in reducing allowable densities, or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in effect at the time the tentative map is filed.

(4) For the purpose of this division, FEASIBLE means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(5) This division shall not apply to condominium projects which consists of the subdivision of airspace in an existing building when no new structures are added.

(C) Cable television service.

(1) The design of a subdivision for which a tentative map is required shall provide one or more appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision.

(2) For the purpose of this division, APPROPRIATE CABLE TELEVISION SYSTEMS means those franchised or licensed to serve the geographical area in which the subdivision is located.

(3) This division shall not apply to the conversion of existing dwelling units to condominiums, community apartments or stock cooperatives.

(D) Access. Except as otherwise provided within any adopted specific plan, all lots or parcels created pursuant to this title shall have access to a public street improved to the standards set forth in this chapter. Except as otherwise provided within any adopted specific plan, private streets shall not be permitted unless the Planning Commission finds that the most logical development of the land requires that the lots or parcels be created with access to private streets. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the topography and means of access to each lot, and the drainage, sewer and water service and fire protection for the lots served by the private street. The private street shall be constructed in accordance with standard engineering specifications and any other applicable plans and specifications of the county as approved by the County Engineer, or as otherwise provided for in an adopted specific plan. Construction of the private street shall be completed prior to the issuance of a "certificate of occupancy" or final inspection on any of the lots. The subdivider shall be required to provide a method for the maintenance of the private streets, which method shall be subject to the prior approval of the County Engineer and County Counsel.

(1966 Code, § 17-68) (Ord. 617, § 2(part); Ord. 860, § 4 (part), 2010)

(A) General. Improvement plans shall be prepared by a registered civil engineer in a form approved by the County Engineer and in conformity with the provisions of this section and any additional requirements as established by the County Engineer.

(B) Form. Improvement plans shall be in the form as required in the improvement standards adopted by this title and by ordinance or resolution of the Board of Supervisors.

(C) Contents. Improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private, including common areas. Reference may be made to county or state standard plans in lieu of duplicating the drawings.

(D) 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 to the County Engineer. All supplementary plans and calculations shall be legible, systematic and signed and dated by a registered civil engineer and in a form approved by the County Engineer.

(E) Review by the County Engineer. The subdivider shall submit the improvement plans and all supplementary data to the County Engineer for review. Upon completion of the review, one set of the improvement plans, with any required revisions indicated, will be returned to the subdivider.

(F) Approval by the County Engineer.

(1) After completing all required revisions, the subdivider shall transmit the originals of the improvement plans to the County Engineer for signature. Upon finding that all required revisions have been made and that the plans conform to all applicable county ordinances and plans, design requirements and conditions of approval of the tentative map, the County Engineer shall sign and date the plans. The applicant’s engineer shall make a mylar reproducible set of the plans for use by the county. The originals will be returned to the subdivider. Upon approval by the County Engineer, the plans shall become a public record.

(2) Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone and cable television service construction plans.

(3) Approval by the County Engineer shall, in no way, relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof.

(G) Revision to approved plans.

(1) By subdivider. Requests by the subdivider for revisions to the approved plans shall be submitted in writing to the County Engineer and shall be accompanied by revised drawings showing the proposed revisions. If the revisions are acceptable to the County Engineer and consistent with the tentative map, the originals shall be submitted to the County Engineer’s office for initialing. The originals shall be returned to the subdivider and the revised drawings shall be immediately transmitted to the County Engineer. Construction of any proposed revisions will not be permitted to commence until revised drawings have been received and approved by the County Engineer.

(2) By County Engineer.

(a) When revisions are deemed necessary by the County Engineer to protect the public health or safety, or as field conditions may require, a request in writing shall be made to the subdivider’s engineer. The subdivider shall revise the plans and transmit the originals to the County Engineer for initialing within the time specified by the County Engineer. Upon receipt of the initialized originals, the subdivider shall immediately transmit revised drawings to the County Engineer. Construction of all or any portion of the improvements may be stopped by the County Engineer until revised drawings have been submitted.

(b) The subdivider may appeal revisions required by the County Engineer to the Board of Supervisors by submitting an appeal in writing with the Clerk of the Board within ten days following receipt of the request to revise the plans.

(3) Plan checking and inspection costs for revisions. Costs incurred by the county for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised plans and applied toward the actual costs.

(1966 Code, § 17-69) (Ord. 617, § 2(part))

(A) If, at the time of approval of the final map by the Board of Supervisors, any public improvements required pursuant to this chapter have not been completed and accepted in accordance with this chapter, the subdivider shall be required, as a condition precedent to the approval of the final map, to enter into an agreement with the county to complete the improvements at the subdivider’s expense. The improvement agreement shall be prepared by the County Engineer in the format approved by the County Counsel.

(B) The agreement shall provide for the following:

(1) Construction of all improvements required pursuant to § 23.17.003, including any required off-site improvements, according to the approved plans and specifications on file with the County Engineer;

(2) Completion of improvements within the time specified by § 23.17.011;

(3) Right of the county to modify plans and specifications and to require the subdivider to pay for modifications;

(4) Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;

(5) County’s right to inspect and payment of inspection fees in accordance with the Board of Supervisors’ resolution or resolutions establishing such fees;

(6) Payment of in-lieu fees for undergrounding of utilities on peripheral streets;

(7) Improvement security as required by § 23.17.009;

(8) Maintenance and repair of any defects or failures and their causes;

(9) Warranty of improvements constructed;

(10) Release and indemnification of the county from all liability incurred in connection with the development and payment of all reasonable attorneys’ fees that the county may incur because of any legal action or other proceeding arising from the development;

(11) Any other deposits, reimbursements, fees or conditions as required by County Engineer; and

(12) Any other provisions required by the county as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this code.

(1966 Code, § 17-70) (Ord. 617, § 2(part))

(A) General.

(1) Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this title, for which security is required, shall be secured in accordance with Cal. Gov’t Code §§ 66499 et seq. and as provided below.

(2) No final or parcel map shall be signed by the County Engineer or recorded until all improvement securities required by this section have been received and approved.

(B) Form of security. The form of security shall be one of the following or a combination of the following subject to the approval of the county:

(1) A deposit, either with the county or a responsible escrow agent, bank acting as an escrow agent or trust company, at the option of the county, of money;

(2) A bond by one or more duly authorized corporate sureties in the form required by Cal. Gov’t Code §§ 66499.1 and 66499.2;

(3) An instrument of credit from any agency of the state, federal or local government when any agency of the state, federal or local government provides at least 20% of the financing for the portion of the act or agreement requiring security or an instrument of credit or letter 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; or

(4) If the security is material and labor security, then the security alternatively may consist of a security interest in real property represented by a deed of trust on the subdivision property, second in position only to the subdivision improvement construction loan, and securing the written obligation of the subdivider to pay claims of laborers and material persons in an amount provided for in division (C)(2) below, and providing the same obligation for payment as appears in the bond required by Cal. Gov’t Code § 66499.2; provided, however, that the second position trust deed obligation shall be subject to an obligation to subordinate the trust deed to additional advances as determined by an institutional lender to be required in order to complete the subdivision improvements upon which the recording of the final map is conditioned. In the exercise of the discretion of the County Engineer, the county may require substitute security at any time the county determines that the security interest in real property is inadequate to reasonably insure repayment of the obligations secured.

(5) In the event developer is a non-profit corporation as described in Cal. Gov’t Code § 66499.3(c), security may be in any form required by the Subdivision Map Act.

(C) Amount of security. Security to guarantee performance shall be in the following amounts.

(1) Performance security. One hundred percent of the total estimated construction cost to guarantee the construction or installation of all improvements.

(2) Material and labor security. An additional amount of 50% of the total estimated construction cost to guarantee payment to subdivider’s contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements, in the case of security provided in the forms specified in divisions (B)(1), (2) or (3) above. In the case of security provided in the form specified in division (B)(4) above, the amount of the security shall be an amount equal to 100% of the total estimated construction cost.

(3) Monument security. An amount equal to 100% of the County Engineer’s estimate of the cost of monuments.

(4) Warranty security. An amount as required by the County Engineer but in no event less than 10% of the estimated cost of construction of the improvements to guarantee the improvements against any defective work or labor done or defective materials used in the construction or installation of the improvements throughout the warranty period which shall be the period of one year following completion and acceptance of the improvements.

(5) Costs.

(a) As 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 reasonable attorneys’ fees, incurred by the county in enforcing the obligations secured.

(b) The estimate of construction costs shall be as approved by the County Engineer and shall provide for:

1. Ten percent of the total estimated construction cost for contingencies; and

2. All utility installation costs or a certification acceptable to the County Engineer from the utility company that adequate security has been deposited to ensure installation.

(6) In the event developer is a non-profit corporation as described in Cal. Gov’t Code § 66499.3(c), security shall be in the amount required by the Subdivision Map Act, § 66499.3(c).

(D) Release of security.

(1) Performance security. The performance security shall be released only upon final completion and acceptance of the improvements by the county and when an approved warranty security has been submitted with the County Engineer. If a warranty security is not submitted, performance security shall be released 12 months after the acceptance of improvements and correction of all warranty deficiencies. The County Engineer may authorize, in writing, the release of a portion of the performance security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 10% of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the County Engineer; however, in no event shall the County Engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this code or the improvement agreement.

(2) Material and labor security.

(a) 1. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Cal. Civil Code Article 3 (commencing with § 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no such claims have been recorded, the security shall be released in full.

2. The release shall not apply to any required guarantee and warranty period required by Cal. Gov’t Code § 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys’ fees.

3. The County Engineer shall authorize release or reduction of the security in accordance with the conditions hereinabove set forth.

(b) In the event a subdivider gives county security for materials and labor in the form of that specified in division (B)(4) above, and the subdivider for whatever reason desires to change the form of security, the county shall release such security only upon the filing by subdivider of an authorized security in a form other than that specified in division (B)(4) and in an appropriate amount, as specified in this division (C)(2).

(c) In the event a subdivider gives county security for materials and labor in the form of that specified in division (B)(4) above, and the subdivider or a successor in the interest desires to sell one or more lots in the subdivision, the county shall release the security interest on the lots to be sold, upon the furnishing of security in the form specified in divisions (B)(1), (2) or (3), or any combination thereof, in an amount, for each lot proposed to be released, equal to 50% for materials and labor security in a sum determined by dividing the total estimated cost of construction remaining by the total number of lots shown on the recorded final subdivision map as to which there has been no prior security release.

(3) Warranty security. The warranty security shall be released upon satisfactory completion of the warranty period, provided that all deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.

(4) Monument security. Monument security shall be released upon receipt of notices per Cal. Gov’t Code § 66497.

(1966 Code, § 17-71) (Ord. 617, § 2(part); Ord. 682, § 1)

(A) The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the county.

(B) Construction shall not commence until all required improvement plans have been approved by the County Engineer and an encroachment permit has been obtained. All improvements are subject to inspection by the County Engineer or authorized personnel in accordance with the county’s approved specifications.

(1966 Code, § 17-72) (Ord. 617, § 2(part))

(A) Major subdivisions.

(1) The improvements for subdivisions shall be completed by the subdivider within 12 months, or such later time as approved by the County Engineer, not to exceed 36 months, from the recording of the final map, unless an additional extension is granted by the Board of Supervisors.

(2) Should the subdivider fail to complete the improvements within the specified time, the county may, by resolution of the Board of Supervisors and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.

(B) Minor subdivisions. The completion of improvements for minor subdivisions recorded by parcel map shall not be required until a permit or other grant of approval for development of any parcel within the subdivision is issued. Completion of the improvements may be required prior to the time of issuance of a permit or other developmental approval when the completion of the improvements is found by the Planning Commission to be necessary for public health and safety or for the orderly development of the surrounding area.

(C) Extensions.

(1) The completion date may be extended by the County Engineer for subdivisions, major or minor, upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement.

(2) The subdivider shall enter into an improvement agreement extension with the county. The agreement shall be prepared by the County Engineer, approved as to form by the County Counsel, executed by the subdivider and surety and transmitted to the County Engineer for consideration. If approved, the County Engineer shall execute the agreement on behalf of the county.

(3) In consideration of an improvement agreement extension, the following may be required:

(a) Revised improvement plans to provide for current design and construction standards when required by the County Engineer;

(b) Revised improvement construction estimates to reflect current improvement costs as approved by the County Engineer;

(c) Increased improvement securities in accordance with revised construction estimates; and

(d) Increased inspection fees reflecting current construction costs.

(4) The County Engineer may impose additional requirements as the County Engineer deems necessary as a condition to approving any time extension for the completion of subdivision improvements.

(D) As-built plans. Upon completion of the improvements, the subdivider shall submit to the County Engineer a reproducible set of as-built improvement plans prepared by the subdivider’s engineer.

(1966 Code, § 17-73) (Ord. 617, § 2(part))

(A) General.

(1) With respect to all subdivisions, when all improvement deficiencies have been corrected and as-built improvement plans submitted, the completed subdivision improvements shall be considered by the County Engineer for acceptance.

(2) Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

(B) Acceptance. If the subdivision improvements have been accepted by the County Engineer and public improvements have been dedicated on the final or parcel map, the County Engineer shall file an acceptance of public improvements with the County Recorder.

(C) Acceptance of a portion of the improvements.

(1) When requested by the subdivider in writing, the County Engineer may consider acceptance of a portion of the improvements. The improvements will be accepted by the County Engineer only if the County Engineer finds that it is in the public interest to do so and such improvements are for the use of the general public.

(2) Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter.

(1966 Code, § 17-74) (Ord. 617, § 2(part))