Taft Municipal Code Ch. 6 Improvements

Improvements required as a condition of approval shall be completed at the subdivider’s expense prior to filing of a final map with the Kern County Recorder unless an improvement agreement on terms mutually agreeable to the Council and the subdivider has been entered into and the improvement security has been posted as provided in this chapter. (Ord. 839-20, 10-20-2020)

The improvement agreement referred to in Section 10-6-1 shall be secured by one of the following:

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

(B) A deposit, either with the City or a responsible escrow agent or trust company selected by the City, or cash, negotiable bonds or letter of credit of the kind approved for securing deposits of public moneys.

(C) An irrevocable instrument of credit from one or more responsible financial institutions regulated by the state or federal government and pledging the funds are on deposit and guaranteed for payment on demand by the City. (Ord. 839-20, 10-20-2020)

(A) The form of bond to secure the faithful performance of the improvement agreement shall be in substantially the same form as provided for in section 66499.1 of the Government Code of the State, except the City may add other provisions if it so desires.

(B) The form of bond for the security of laborers and material men shall be substantially the same form as provided for in section 66499.2 of the Government Code of the State except the City may add other provisions if it so desires.

(C) Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement. (Ord. 839-20, 10-20-2020)

Security to guarantee the performance on any act or agreement shall be in the following amounts:

(A) One hundred percent (100%) of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the act or agreement.

(B) An additional amount of fifty percent (50%) of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to person furnishing labor, materials or equipment to them for the improvement of the performance of the required act.

(C) The amount determined by the City Engineer necessary to guarantee or warranty the work for a period of one year following completion or acceptance thereof against any defective work or labor done, or defective materials furnished.

(D) If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Engineer as necessary to cover the cost, reasonable expenses and fees, including reasonable attorney’s fees, which may be incurred by the City in successfully enforcing the obligation secured. The improvement shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement. (Ord. 839-20, 10-20-2020)

The security furnished by the subdivider shall be released in whole or in part in the following manner:

(A) Security given for faithful performance of any act or agreement shall be released, upon the final completion and acceptance of the required act or work, by the Council subject to the provisions of subsection (B) thereof.

(B) The City Engineer may release a portion of the security in conjunction with the acceptance of the performance of the required act or work as it progresses upon application therefore by the subdivider; provided, however, that no such release shall be for an amount more than ninety percent (90%) of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than ten percent (10%) of the total improvement security given for faithful performance until final completion of the required act or work and acceptance of the required act or work by the Council. In no event shall the Council authorize a release of improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this chapter, the Map Act or the improvement agreement.

(C) Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment, shall, six (6) months after the completion of the required act or work and acceptance of said required act or work by the Council, be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the Council, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(D) No security given for the guaranty of warranty of a required act or work shall be released until the expiration of the period thereof. (Ord. 839-20, 10-20-2020)

Upon the failure of the subdivider to complete any improvement, acts or obligations within the time specified, the Council may, upon notice in writing of not less than ten (10) days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty (20) days, served certified mail addressed to the last known address of such person, determine that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the required work or act or any other obligations of the subdivider secured thereby to be forfeited to the City. (Ord. 839-20, 10-20-2020)

(A) The Council in its determination to require or not require any of such improvements within parcel maps shall consider the following factors:

1. Whether the installation of any such improvements would be premature in relation to the public needs of the present and the immediate future.

2. Whether the omission of all or any part of such improvements would materially detrimental to the public welfare, safety, health or convenience.

3. Whether the omission of all or any part of such improvements would be injurious to property or improvements in the area.

4. The extent to which the improvements are desirable to fulfill public needs emanating from the subdivider’s proposed use or possible use.

5. The extent to which the community may need protection against potentially bad effects of the proposed use or possible use.

(B) Improvement required in a subdivision for which a final map is required shall be installed to permanent line and grade to the satisfaction of the City Engineer in accordance with the Kern County Engineering Development Standards and in accordance with all applicable provisions of Chapter 5 of this Title entitled Standards and Design.

(C) The following improvements may be required by the Commission for all parcel maps and tentative subdivision maps and if so required, shall be furnished at the subdivider’s expense; all to be constructed in accordance with the Kern County Engineering Development Standards.

1. Grading, curbs and gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways, alleys and ways and to the public safety.

• 2. Installation and surfacing of streets, highways, alleys and ways.
• 3. Sidewalks.
• 4. Sanitary sewer facilities and connections for each parcel or lot created.

5. Water system with mains of sufficient number of outlets to furnish adequate domestic water supply for each parcel or lot created and to provide adequate fire protection to meet local neighborhood needs.

6. Street trees of a type, size, spacing and planting at the time specified by the Commission or Council as may be appropriate.

7. Street name signs.

8. A fence or wall six fee (6') in height between any subdivision and the right of way line of any irrigation canal or natural drainage channel.

9. Street lighting where and as required by the Commission or Council as may be appropriate. (Ord. 839-20, 10-20-2020)

Plans, specifications and profiles of all improvements required under the provisions of this Chapter, as well as other improvements proposed to be installed and constructed by the subdivider in , over, or under any street or right of way, easement, lot or parcel of land where improvements are required or proposed, shall be filed with the Public Works Director. (Ord. 839-20, 10-20-2020)

Prior to the time of filing of the notice of completion and acceptance of sewers with the subdivisions, the subdivider shall file with the Public Works Director an as-built map drawn to a scale of one inch (1") equal to one hundred feet (100'), showing the location of all wye branches or house lateral sewers constructed or to be constructed in the subdivision. The subdivider shall furnish to the City two (2) copies of the as-built map. (Ord. 839-20, 10-20-2020)

(A) In all cases where a parcel map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors Act or be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location or at least one of these boundary lines can be established from an existing monument line.

(B) In all cases where a final map is required, such map shall be based upon a survey. All survey and mathematical information and date necessary to locate all monuments and to locate and retrace any interior and exterior boundary lines appearing thereupon shall be shown, including bearings and distances of straight lines and radii, the central angle and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(C) At the time of making the survey for the final subdivision map, the engineer or surveyor shall set sufficient durable monuments so that another engineer or surveyor may readily retrace the survey.

(D) Such engineer or surveyor shall set the following monuments as follows:

1. Set City standard monuments where practical at all angle and curve points on the exterior boundary and all intersections of street centerlines, the beginning and ending of all curves on street centerlines within a subdivision, except the exterior boundary of parcel maps compiled from recorded data. Where standard monuments are not set, two (2) inch iron pipe (minimum length 24 inches) shall be substituted, mortar filled and with the identification tag centered. No wood filling will be permitted.

2. Such monuments will be so set as to ensure an unobstructed sight between adjacent monuments, whenever feasible, and in no case shall the distance between such monuments exceed one thousand (1,000) feet, unless prior approval is obtained from the city engineer.

3. All such monuments are to be permanently marked with the certificate number of the engineer or surveyor setting it, preceded by letters, “R.E.” or “L.S.” respectively, as the case may be.

4. Pre-case concrete monuments shall be set on all new streets, alleys, or public ways which are to have a permanent type of pavement. The pre-cast concrete monuments shall be set in a standard monument encasement with frame and cover. All other monuments may be two (2) inch pipe.

5. Precast concrete monuments shall be set no less than eight (8) inches or more than twelve (12) inches below finished grade and iron pipe monuments shall be set not less than six (6) inches or more than eighteen (18) inches below finished grade.

6. When any of the above described boundary points fall in a concrete sidewalk, cube, wall, coping, etc., such points shall be marked with a lead plug, copper or brass nail and a metal tag marked with the certificate number as described above for concrete monuments.

7. On all curved streets a sufficient number of monuments shall be set forth so that the connecting chords shall be wholly within the street roadway between the curb lines.

8. The character, type and positions of all monuments and covers shall be noted on the final subdivision map. If any shortage or excess of distance is found on the ground between existing monuments, compared with the original record, division of the total must bear its proportion of such shortage or excess.

9. A traverse of the boundaries of the tract, and of all lots and blocks must close within a limit of error not in excess of one (1) foot in ten thousand (10,000) feet.

10. All distances must be expressed on the map to the nearest one-hundredth (0.01) of a foot, except that when the sum of a series must equal an overall distance, each distance in the series may be expressed to the third decimal place.

11. The engineer or surveyor making the survey for any subdivision for which a final map is required shall set a durable monument at each angle and curve point on the boundary of each lot, which angle and curve point is not covered above. Such monument shall consist of a two (2) inch by two (2) inch redwood stake, eighteen (18) inches in length, centered with copper or brass nail and metal tag properly marked as previously described; provided that whenever a point marking any of the above described lot locations occurs in improved area, such as concrete sidewalk, curb, wall, coping, etc., such points shall be marked with lead plug, copper or brass nail and said metal tag properly described. A cross cut shall be placed on top of the curb on the extension of side lot lines for each lot in a subdivision.

12. If in the opinion of the City Engineer any of those points which are mentioned in subsection (D).11 of this section are inaccessible, then reference point shall be set in a manner which will comply with the intent of said subsection (D).11 of this section.

13. After all surface improvements have been completed, the engineer or surveyor shall arrange with the City Engineer for an inspection of the work as provided for. The engineer or surveyor or representative of said engineer or surveyor, doing said work shall be present during the time of said inspection. All monuments and stakes as required by this section shall be exposed and plainly visible at the time of inspection, or if not exposed, the engineer or surveyor shall file a certification with the City Engineer that all monuments and stakes have been installed as required by this section.

14. Any monuments or stakes disturbed by the improvements shall be reset. Where no streets are to be improved, the subdivider shall post a faithful performance bond to guarantee the setting of all the above stakes and monuments.

15. Vertical datum for all improvements within a subdivision shall be based on U.S. cost and geodetic survey data and at least two (2) permanent bench marks shall be established within the boundaries of a subdivision and within public right-of-way. (Ord. 839-20, 10-20-2020)

Subdivision improvement standards shall be in accordance with the Kern County Engineering Development Standards, adopted by resolution of the Council, and with any other City adopted ordinances, resolutions, or standards that are consistent with section 66462(b) of the Government Code. (Ord. 839-20, 10-20-2020)