Siskiyou County Municipal Code Art. 8 Subdivision Improvements

No final map shall be presented to the Board or parcel map to the Director of Public Works for approval until the subdivider either completes the required improvements or enters into an agreement with the County agreeing to do such work.

(§ II Ord. 87-2 eff. March 12, 1987)

All improvements required by County laws or as conditions of approval of the tentative map shall be required for all subdivisions.

(§ II, Ord. 87-2, eff. March 12, 1987)

Requirements for the construction of on-site and off site improvements for subdivisions of four (4) or less parcels shall be noted on the parcel map, or waiver of parcel map, or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

The completion of improvements shall be in accordance with Section 10-4.811 of this article.

(§ II, Ord. 87-2, eff. March 12, 1987)

Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed in accordance with the requirements of Section V of the Land Development Manual. The storm drain system shall provide for the protection of abutting and off-site properties which would be adversely affected by an increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

(§ II, Ord. 87-2, eff. March 12, 1987)

Each unit or lot within the subdivision shall be served by an approved public sewer or on-site sewage disposal system.

(§ II, Ord. 87-2, eff. March 12, 1987)

Each unit or lot within the subdivision shall be served by an approved water supply.

(§ Il, Ord. 87-2, eff. March 12, 1987)

Each parcel or lot within the subdivision shall be provided with necessary easements or rights-of-ways and conduits, if required, to allow for the installation of facilities for the transmission and distribution of energy and communications and control signals, including, but not limited to, electric power, telephone, and cable television.

Such installations shall be subject to the requirements and tariffs of the Public Utilities Code of the State and the State.

(§ II, Ord. 87-2, eff. March 12, 1987)

Improvements may be deferred when the Director of Public Works finds that construction is impractical due to physical constraints or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the County for the installation of all improvements at such time in the future as required by the County. The agreement shall provide:

(a) That pursuant to such agreement, the construction of improvements shall commence within ninety (90) days after the receipt of the notice to proceed from the County;

(b) That, in the event of default by the owner, successors, or assigns, the County is authorized to cause such construction to be done and charge the entire cost and expense to the owner, successors, or assigns, including interest from the date of the notice of such costs and expenses until paid;

(c) That such agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the County, including interest as set forth in subsection (b) of this section, subject to foreclosure in the event of default in payment;

(d) That, in the event of litigation occasioned by any default of the owner, successors, or assigns, the owner, successors, or assigns 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; and

(e) That the term "owner" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, it being the intent of the parties that the obligation undertaken shall run with the real property and constitute a lien against it.

The agreement shall not relieve the owner from any other specific requirement. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable provisions of this Code in effect at the time of construction.

(§ II, Ord. 87-2, eff. March 12, 1987)

Where remainders are made a part of a final or parcel map, the subdivider may 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 the development of a remainder parcel. In the absence of an agreement, the County may require the fulfillment of the construction requirements within a reasonable time following the approval of the map upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(a) The public health and safety; or

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

(§ II, Ord. 87-2, eff. March 12, 1987)

The design and layout of all required improvements shall be in accordance with the County Land Development Manual.

(§ II, Ord. 87-2, eff. March 12, 1987)

The design of a subdivision for which a tentative map is required pursuant to Article 3 of this chapter shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Refer to Section 66473.1 of the Subdivision Map Act.

For the purposes of this section, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(§ II, Ord. 8 7-2, eff. March 12, 1987)

The subdivision shall abut upon or have an approved access to a public street.

Each unit or lot within the subdivision shall have an approved access to a public or private street.

The street layout may have to be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

(§ II, Ord. 87-2, eff. March 12, 1987)

Improvement plans, where required by the Department of Public Works, shall be prepared under the direction of, and signed by, a registered civil engineer licensed by the State.

(§ II, Ord. 87-2, eff. March 12, 1987)

Plans, profiles, and details shall be legibly drawn, printed, or reproduced on twenty-two (22″) inch by thirty-four (34″) inch or twenty-four (24″) inch by thirty-six (36″) inch sheets. A border shall be made on each sheet providing one-half (½") inch at the top, bottom, and right side and the left side. All printing, lettering, and numbering on the map shall be of such size, shape, and weight as to be readily legible on prints and other reproductions made from the original drawings.

(§ II, Ord. 87-2, eff. March 12, 1987)

The 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.

(§ II, Ord. 87-2, eff. March 12, 1987)

Hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required shall be submitted with the improvement plans to the Director of Public Works. All calculations shall be legible, systematic, and signed and dated by a registered civil engineer licensed by the State and in a form approved by the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

The subdivider shall submit in duplicate the improvement plans with all computations and applicable fees to the Director of Public Works for review. Upon the completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider's engineer.

(§ II, Ord. 87-2, eff. March 12, 1987)

After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the Director of Public Works for signature.

Upon finding that all required revisions have been made, inspection fees paid, and that the plans conform to all applicable County laws, design review requirements, and conditions of approval of the tentative map, the Director of Public Works shall sign and date the plans. The originals will be returned to the subdivider's engineer.

The approval of the improvement plans shall not be construed as the approval of the sanitary sewer, water, or gas and electric service construction plans.

The approval by the Director of Public Works 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 or from any required conditions of approval of the tentative map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the Director of Public Works or his authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the Director of Public Works for initialing. The originals shall be returned to the subdivider's engineer, and the revised plans shall be transmitted to the Director of Public Works. The construction of any proposed revision will not be permitted to commence until revised plans have been received by the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

When revisions are deemed necessary by the Director of Public Works to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals to the Director of Public Works for initialing within the time specified by the Director of Public Works.

Upon the receipt of the initialed originals, the subdivider's engineer shall transmit revised drawings to the Director of Public Works. The construction of all or any portion of the improvements may be stopped by the Director of Public Works until revised drawings have been submitted.

The subdivider may appeal the revisions required by the Director of Public Works to the Board by filing an appeal with the County Clerk within ten (10) working days following the receipt of the request to revise the plans.

(§ II, Ord. 87-2, eff. March 12, 1987)

Costs incurred by the County for the checking of plans or calculations or inspections 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 prints and be applied toward the actual costs.

(§ II, Ord. 87-2, eff. March 12, 1987)

Improvement agreements shall be prepared by the Director of Public Works and approved as to form by the County Counsel and submitted to the Board for approval. The agreement shall provide for:

(a) The construction of all improvements according to the approved plans and specifications on file with the Director of Public Works;

(b) The completion of improvements within the time specified by Section 10-4.811 of this article;

(c) Improvement security as required by this article;

(d) The maintenance and repair of any defects or failures and the causes thereof;

(e) The release of the County from all liability incurred by the development and payment of all reasonable attorneys' fees which the County may incur because of any legal action arising from the development, except as prohibited by Section 66474.9 of the Government Code of the State; and

(f) Any other deposits, fees, or conditions required by County laws or resolutions.

(§ II, Ord. 87-2, eff. March 12, 1987)

Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act for which security is required shall be secured in accordance with Section 66499 of the Subdivision Map Act and as provided in this Section 10-4.808.

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

(§ II, Ord. 87-2, eff. March 12, 1987)

The form of security shall be one or the combination of the following at the option of, and subject to the approval of, the County:

(a) A bond or bonds by one or more duly authorized corporate sureties;

(b) 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; and

(c) Other forms of security approved by the Board.

The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

(§ II, Ord. 87-2, eff. March 12, 1987)

A performance bond or security in the amount of 100°/0 of the estimated construction cost to guarantee the construction or installation of all improvements shall be required for all subdivisions. An additional amount of fifty (50%) percent of the estimated construction cost shall be required to guarantee payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

The estimate of improvement costs shall be as approved by the Director of Public Works and shall provide for:

(a) Not less than five (5%) percent nor more than ten (10%) percent of the total construction cost for contingencies; and

(b) In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligation secured.

(§ II, Ord. 87-2, eff. March 12, 1987)

Upon the acceptance of the subdivision improvements by the County, the subdivider shall provide security in the amount as required by the Director of Public Works to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than ten (10%) percent of the cost of the construction of the improvements, which amount shall be retained for a one-year warranty period.

(§ II, Ord. 87-2, eff. March 12, 1987)

The Director of Public Works may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon an application by the subdivider, but in no case shall the security be reduced to less than ten (10%) percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the Director of Public Works; however, in no event shall the Director of Public Works 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 this chapter, the Subdivision Map Act, or the improvement agreement.

(§ II, Ord. 87-2, eff. March 12, 1987)

The performance security shall be released only upon the acceptance of the improvements by the County and when an approved warranty security has been filed with the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment, thirty-five (35) days after the acceptance of the improvements by the Board and the filing of a notice of completion, may be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the Board. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(§ II, Ord. 87-2. eff. March 12, 1987)

The warranty security shall be released 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 twelve (12) months have elapsed since the acceptance of the improvements by the Board.

(§ II, Ord. 87-2, eff. March 12, 1987)

The construction methods and materials for all improvements shall conform to the Standard Plans and Specifications of the County. The General Provisions of the County's Land Development Manual Standards shall apply to the subdivider where applicable.

Construction shall not commence until required improvement plans have been approved by the Director of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

All improvements shall be subject to inspection by the Director of Public Works or authorized personnel in accordance with the County's Standard Specifications.

(§ II, Ord. 87-2, eff. March 12, 1987)

Prior to commencing any construction, the subdivider shall arrange for a preconstruction conference with the Department of Public Works.

(§ II, Ord. 87-2, eff. March 12, 1987)

Upon the completion of the subdivision improvements, the developer shall apply in writing to the Department of Public Works for a preliminary final inspection. The Department of Public Works shall schedule a preliminary final inspection.

A deficiency list shall be compiled during the inspection noting all corrections required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the Department of Public Works.

When the preliminary final inspection has been completed, a list of the deficiencies shall be transmitted to the subdivider.

Upon having corrected all the deficiencies, the subdivider shall notify the Department of Public Works in writing that all corrections have been completed satisfactorily and request a final inspection. The Department of Public Works shall then make a final inspection. The completion of corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list which may be subsequently discovered.

(§ II Ord. 87-2 eff. March 12, 1987)

The subdivision improvements shall be completed by the subdivider within twenty-four (24) months after the recording of the final map, unless an extension is granted by the Board. Should the subdivider fail to complete the improvements within the specified time, the County, by resolution of the Board and at its option, may cause any or all uncompleted improvements to be completed, and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs.

(§ II, Ord. 87-2, eff. March 12, 1987)

The completion of the improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the County when the completion of such improvements is found to be necessary for the public health or safety or for the orderly development of the surrounding area. Such finding shall be made by the Planning Commission. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to the final building inspection or occupancy of any unit within the subdivision.

(§ II, Ord. 87-2, eff. March 12, 1987)

The completion date may be extended by the Board for subdivisions of five (5) or more parcels and by the Director of Public Works for subdivisions of four (4) or less parcels upon a written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to the expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement agreement extension with the County. For subdivisions of five (5) or more parcels, the agreement shall be prepared and signed by the Director of Public Works, approved as to form by the County Counsel, executed by the subdivider and surety, and transmitted to the Board for consideration. If approved by the Board, the chairman shall execute the agreement on behalf of the County.

In consideration of a subdivision improvement agreement extension, the following may be required:

(a) The revision of the improvement plans to provide for current design and construction standards when required by the Director of Public Works;

(b) Revised improvement construction estimates to reflect current improvement costs as approved by the Director of Public Works;

(c) The increase of improvement securities in accordance with revised construction estimates; and

(d) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease refund.

The Board may impose additional requirements as recommended by the Director of Public Works or as the Board may deem necessary as a condition to approving any time extension for the completion of improvements.

The costs incurred by the County in processing the agreement shall be borne by the subdivider.

(§ II, Ord. 87-2, eff. March 12, 1987)

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the County for acceptance.

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

(§ II, Ord. 87-2, eff. March 12, 1987)

If the subdivision improvements have been accepted by the County, the developer shall file a notice of completion with the County Recorder.

(§ II, Ord. 87-2, eff. March 12, 1987)

When requested by the subdivider in writing, the County may consider the acceptance of a portion of the improvements as recommended by the Director of Public Works. The improvements will be accepted by the County only if it finds that it is in the public interest and such improvements are for the use of the general public.

The acceptance of a portion of the improvements shall not relieve the subdivider from any other requirement imposed by this article.

(§ II, Ord. 8 7-2, eff. March 12, 1987)