Chapter 18.108 — Subdivision Improvement Plans and Agreements

This Chapter establishes procedures and requirements for the review and approval of subdivision improvement plans, the installation of improvements and agreements and guarantees for their installation.

After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any work necessary to fulfill the conditions of approval. Before the construction of any improvements, the subdivider shall submit plans to the Town in compliance with Chapter 18.89 (Improvement Plans) and as follows:

• A. Review and approval. Subdivision Improvement plans shall be reviewed and approved by the Town Engineer in accordance with Chapter 18.89 (Improvement Plans), the Public Improvement and Engineering Standards and within the time limits provided by Map Act Section 66456.2.

• B. Effect of approval. The final approval of subdivision improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of subdivision improvement plans shall not bind the Town to accept the improvements nor waive any defects in the improvements as installed.

Subdivision improvements required as conditions of approval of a Tentative Map in compliance with Chapter 18.89 (Improvement Plans) shall be installed as provided by Section 18.89.040 (Installation of Improvements) and this Section.

• A. Timing of improvements. Required subdivision improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 18.89.030, and before the approval of a Parcel or Final Map in compliance with Sections 18.98.080 (Parcel Map Approval) or 18.98.100 (Final Map Approval), except where:

  1. Improvements are deferred in compliance with Section 18.108.040 (Improvement Agreements and Security); or

  2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required within six months

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of the date of recordation of the parcel map. The improvements shall be secured in accordance with Section 18.108.040 (Subdivision Improvement Agreements and Security) before the approval of a Parcel Map.

This Section provides procedures and criteria for the preparation and approval of improvement agreements, and standards for the types of security allowed to guarantee the proper installation of required subdivision improvements.

• A. Applicability. A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Article and conditions of approval of the Tentative Map, only when the subdivider first obtains Town approval of a subdivision improvement agreement executed and submitted for Town review by the subdivider, and provides the Town performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. The approval of a subdivision improvement agreement is entirely at the discretion of the Town; and the Town may require the completion of some or all improvements prior to the recordation of the Parcel or Final Map.

• B. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on a form provided by the Town Engineer and approved by Town Attorney and shall include, but not limited to, the following provisions.

  1. Description of improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans.

  2. Time limit for construction. The period within which all required improvements will be completed to the satisfaction of the Town Engineer.

  3. Completion by Town. Provide that if the subdivider fails to complete all required improvements within the specified time, the Town may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. The costs and expenses may be recorded as a lien against all parcels within the subdivision.

  4. Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance, as specified in Subsection C. of this Section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.

  5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider.

  6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the Town, consistent with the requirements of Subsection F. following.

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7. Progress payments or partial release. Provide for progress payments from surety deposits or partial release of agreement surety, at the option of the Town, consistent with the requirements of Subsection C. following; provided that no progress payment or partial release shall be construed to be acceptance by the Town of any portion of the required improvements or any defective work or improper materials.

• C. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate security approved as to form and sufficiency by the Town Attorney. The amount of the security shall be based on an engineer’s estimate of the required improvements and reviewed and approved by the Town Engineer. The amount of the security shall depend on the form of security, as follows:

  **1. Bond or letter of credit.** If a bond or bonds executed by one or more duly authorized corporate sureties or a letter of credit from one or more financial institution subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, then the following security is required: 
  
     - a. A guarantee for “Faithful Performance,” in the amount of 100 percent of the engineer’s estimate; and 
  
     - b. A guarantee for “Materials and Labor,” in the amount of 100 percent of the engineer’s estimate. 
  
  **2. Cash deposit.** A cash deposit equal to 125 percent of the engineer’s estimate provided that the subdivider consents to the entire deposit being used to secure both “Faithful Performance” and/or “Materials and Labor.” 
  

• D. Release of security. The security furnished by the subdivider shall be released as provided by Chapter 5 of the Map Act.

• E. Progress payments or partial release. No progress payment or partial release of surety shall be made except when the Town Engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the Council by at least four-fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

• F. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement pursuant shall be granted by the Town only as follows:

  1. Work is in progress. The subdivider is proceeding to do the work required with reasonable diligence and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

  2. Agreement by sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety.

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3. Conditions. As a condition of granting a time extension, the Town may impose whatever additional requirements the Town deems reasonable to protect the public interest.

• G. Acceptance of improvements. Before acceptance for maintenance or final approval of subdivision improvements, the Town Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

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Surveys and Monuments

18.110

– CHAPTER 18.110 SURVEYS AND MONUMENTS

Sections:

18.110.010 - Purpose of Chapter 18.110.020 - Survey Procedure and Practice 18.110.030 - Monuments 18.110.040 - Survey Information on Parcel or Final Map