Windsor Municipal Code Art. 8 Subdivision Improvements

a. The subdivider shall design and construct all required improvements on-site and off-site in accordance with Town design standards, detail drawings and construction specifications, as provided by this Chapter and as adopted by the Town. Subject to the Subdivision Map Act, the Town Engineer may authorize an exception to the construction standards in this Chapter.

b. A decision or interpretation by the Town Engineer regarding the specifications, details or design of improvements is final unless appealed as provided for in this Chapter.

c. No parcel map or final map shall be approved until the subdivider either completes the required improvements or enters into an improvement agreement with the Town.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. General. All improvements required as tentative map conditions of approval or by Town ordinance or resolution, together with the required improvements set forth below, are required of all subdivisions.

b. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including, but not limited to, street structural section, curbs, sidewalks, driveway approaches, and transitions. Transit facilities (bus shelters, bus turnouts and bus pads) shall be provided on a collector street or major street when requested by the local transit authority or in accordance with an applicable plan adopted by the Town.

c. 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. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in run-off attributed to the development. Off-site storm drain improvements may be required in this regard.

d. Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system designed for the ultimate development of the area.

e. Water Supply. Each unit or lot within the subdivision shall be served by an approved water system designed for ultimate development of the area that includes sufficient fireflow and hydrant spacing for fire protection and access to recycled water.

f. Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone, and cable television facilities.

g. Underground Utilities. All existing and proposed utilities within the subdivision and along street frontages adjacent to the subdivision shall be placed underground. For the purposes of this subsection, "utilities" shall include wires, cables and related facilities, equipment, and structures used in the distribution of electricity or in the transmission of telephone, telecommunications, telegraph, data, radio, or television signals. All existing electrical distribution lines of 21kV (21,000 volts) or less shall be placed underground. The requirement to underground existing and proposed utilities within subdivisions shall otherwise apply unless exempted by an ordinance or resolution adopted by the Town Council. The Town Council may also grant an exception to the undergrounding requirements if topographical soil or other conditions make underground installation of the facilities not feasible or desirable.

h. Streets.

1. All streets (public and private) shall be constructed to widths and grades approved by the Town Engineer, and consistent with the Town's street design standards. The subdivider shall improve the extension of all subdivision streets, highways, or public ways to the intercepting centerline of any County road or Town street. The subdivider shall also be responsible for resurfacing existing streets which are substantially disturbed or degraded in the process of providing required underground utilities necessary to provide service to the subdivision.

2. Every lot shall have access to a public or a private street.

3. All streets are subject to full frontage improvements, unless an alternative design is recommended by the Town Engineer and approved by the Town.

4. Street design shall include streetlights and street trees in accordance with established design criteria.

i. Monuments.

1. At the time of making the survey for the final or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform to (a) the standards described in Business and Professions Code Section 8771 and (b) the Town standards, so that another engineer or surveyor may easily retrace the survey.

2. Interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set by a specified date and if the subdivider provides security to guarantee the cost.

3. Within five (5) days after the final setting of all monuments, the engineer or surveyor shall give written notice of the setting of the monument to the subdivider and to the Town Engineer.

j. Other Improvements. Other improvements such as street lights, fire hydrants, signs, street trees and landscaping, or fees in lieu of any of the foregoing, are required as determined by the Town Engineer in accordance with this title and Town standards and specifications.

k. Off-Site Improvements.

1. If the subdivider is required to construct off-site improvements on land in which neither the Town nor the subdivider has sufficient title or interest to allow construction, the construction of improvements and dedication of land shall be secured by a subdivision improvement agreement and the forms of security required by this Article. The Town shall, before approving the final or parcel map, require the subdivider to enter into the subdivision improvement agreement.

2. If the off-site improvements are identified as necessary for the development as part of the CEQA review process, and the subdivider has not already acquired sufficient title or legal interest in the property to be used for the improvements prior to submitting a complete subdivision application, then the Town shall defer considering approving the CEQA document and tentative map until the subdivider has attempted to acquire the necessary real property interests to construct the off-site improvements. If, after making a good-faith attempt, the subdivider is unable to acquire sufficient title or legal interest in the property necessary to construct the off-site improvements identified as part of the CEQA review process, the subdivider shall either revise the proposed project to eliminate the need for the off-site improvements or identify alternate and equivalent improvements. The Town may require additional CEQA review of the revised project or alternate and equivalent improvements.

(Ord. No. 2009-253, § 2, 7-15-2009)

In addition to the Design Standards identified in Sections 16-8-120 and 16-30140, the design and layout of all required improvements both onsite and offsite, public and private, shall conform to generally acceptable engineering standards, to the Town's Design and Construction Standards, and to such standards as approved by the Town Engineer.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer; the form and content shall conform to the conditions of approval and to the Town design standards, detail drawings and construction specifications. Improvement plans shall include those improvements specified in this title. The Town Engineer shall determine that improvement plans comply with the requirements of this Section.

b. Supplementary Plans and Calculations. Engineering calculations, bond or other security estimates and any structural calculations as may be required by the Town Engineer shall be submitted with the improvement plans. All calculations shall be legible, systematic, signed and dated by a registered civil engineer and in a form approved by the Town Engineer.

c. Filing — Review by the Town Engineer. The subdivider shall submit copies of the preliminary improvement plans and all computations to the Town Engineer for review. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider. If any revisions are necessary, the subdivider shall submit the corrected improvement plans and computations to the Town Engineer. The Town Engineer shall act on the improvement plans within sixty (60) working days of its submittal, plus extensions agreed to or necessitated by corrections.

d. Approval by the Town Engineer.

1. After the subdivider has completed all required revisions, the subdivider shall transmit the corrected originals of the improvement plans to the Town Engineer for signature.

2. Upon finding that the required revisions have been made and that the plans conform to all applicable Town ordinances and plans, design requirements and conditions of approval of the tentative map, the Town Engineer shall sign and date the plans. The originals will be returned to the subdivider. 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 Town Engineer in no way relieves the subdivider or the subdivider's responsibility for the design of the improvements or for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map. The approval of the improvement plans by the Town Engineer, or the Town Engineer's certification that no improvements are required, is a condition precedent to the approval of the final or parcel map of the subdivision.

e. Revisions to Approved Plans.

1. By Subdivider. A request by the subdivider for a revision to the approved plans, appearing necessary or desirable during construction, shall be submitted in writing to the Town Engineer and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the Town Engineer and is consistent with the tentative map, the original shall be submitted to the Town Engineer's office for initialing. The original shall be returned to the subdivider, and the revised plans shall be immediately transmitted to the Town Engineer. Construction of any proposed revision may not begin until the Town Engineer receives and approves revised plans.

2. Plan Checking and Inspection Costs for Revisions. Costs incurred by the Town 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 prints and applied toward the actual costs.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. Before a final map or parcel map is approved by the Town Council, the subdivider shall submit a signed subdivision improvement agreement assuring the completion of improvements within a specified time and adequate funding for their completion. The agreement will be based on the Town's standard form of subdivision improvement agreement and shall include the developer's promise to complete certain improvements within two (2) years; to perform repairs or corrective work on the specified improvements for one (1) year after acceptance by the Town; the time of completion; special conditions; insurance requirements; and improvement security requirements for faithful performance, labor and materials, monumentation, and warranty period.

b. The agreement must be approved as to form by the Town attorney. The executed improvement agreement shall be recorded in the office of the county recorder and shall bind the subdivider's successors-in-interest.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. General. An improvement agreement, contract, or act required or authorized by the Subdivision Map Act or this title for which security is required, shall be secured as provided in this section, and subject to Town attorney approval.

b. Amount and Types of Security.

1. The subdivider shall provide the following security in the amount and forms specified:

(A) Performance security. A cash deposit, a corporate surety bond issued by an admitted surety insurer, or an instrument of credit, whichever is required by the Town Engineer, equal to one hundred percent of the total estimated construction costs to guarantee the construction or installation of all improvements.

(B) Materials and labor security. A cash deposit, a corporate surety bond issued by an admitted surety insurer, or an instrument of credit, whichever is required by the Town Engineer, equal to one hundred (100%) percent of the estimated construction cost to guarantee payment to subdivider's contractor, and to subcontractors and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

(C) Monumentation security. A cash deposit or a corporate surety bond issued by an admitted surety insurer, whichever is required by the Town Engineer, equal to one hundred (100%) percent of estimated cost of setting all monuments within the subdivision as shown on the final map.

(D) Warranty security. Upon acceptance of any improvements by the Town, a bond or other security acceptable to the Town Engineer to guarantee the improvements throughout a one-year warranty period. The amount of the warranty security shall not be less than ten (10%) percent of the cost of construction; the Town shall retain the security throughout the warranty period.

2. As a 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 attorneys' fees, incurred by the Town in enforcing the obligations secured.

3. The estimate of improvement costs shall be as approved by the Town Engineer and shall provide for:

(A) Total construction costs;

(B) If the security provided is a standby letter of credit, twenty (20%) percent of the total construction cost for contingencies;

(C) Increase for projected inflation computed to the estimated end of construction; and

(D) Enforcement costs calculated as twenty-five thousand dollars ($2,500.00) or five (5%) percent of the estimated construction cost, whichever is greater. These enforcement costs are not added if the security provided includes enforcement costs in addition to the face amount of the security.

c. Release of Improvement Security.

1. Performance security. In the case of public improvements to be dedicated to and accepted by the Town, the Town shall release performance security only upon acceptance of all improvements by the Town. In the case of improvements that will not be dedicated to and accepted by the Town, the Town shall release performance security only upon (a) the subdivider submitting certification by a registered civil engineer that the improvements have been constructed in accordance with the approved plans and specifications and (b) the improvements have passed any final inspections required by the responsible department. In either case, released of performance security shall also be predicated upon receipt of any required maintenance or warranty agreements and security therefor. Release and reduction of performance security shall be consistent with Government Code section 66499.7.

2. Material and labor security. Release and reduction of material and labor security shall be consistent with Government Code section 66499.7.

3. Warranty security. The Town shall release the warranty security 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 has elapsed since the acceptance of the improvements by the Town Council.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. The construction methods and materials for all improvements shall conform to the conditions of approval, Town design standards, current California Code of Regulations, Title 24, detail drawings and construction specifications and are subject to inspection and approval by the Town Engineer.

b. Construction shall not begin until all required improvement plans are approved by the Town Engineer. Grading plans must conform to submitted improvement plans and shall provide for drainage. Grading shall not commence until the provisions of the Town grading ordinance have been met and a permit is issued by the Building Official.

c. A final report acceptable to the Town Engineer and Building Official shall be prepared for each preliminary geotechnical report. Each final report shall be submitted at the completion of the grading work, prior to the release of grading bonds, and prior to issuance of building permits. Each final report shall contain complete field data to indicate full compliance with the preliminary report and subsequent recommendations based on new information acquired during construction. The geotechnical engineer shall provide written approval as to the adequacy of the site for the intended use and shall include pad certifications and compaction reports.

d. The subdivider shall notify the Town engineer one (1) full working day before beginning any work. All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the Town engineer. The Town engineer and the flood control district shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the requirements of this title. If any of the work on improvements is done by the subdivider before the inspection of the improvements as required by the Town engineer, the Town engineer may reject that work, and it is deemed to have been done at the risk of the subdivider.

e. The subdivider shall prosecute the work to completion without undue delay except for inclement weather or other reasonable cause. If there is a delay in completion of the work beyond the period stated in the subdivision improvement agreement, unless an extension is approved by the Town council and the surety company, the Town council may take appropriate steps to use the security to complete the work.

f. The Town Engineer shall also inspect private streets, onsite grading, and utility systems improvements for conformance with this code and the zoning ordinance, and the Town design standards, detail drawings and construction specifications.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. Major subdivisions.

1. The subdivider shall complete the improvements for a subdivision of five (5) or more lots within two (2) years from the effective date of a subdivision improvement agreement between the Town and subdivider, unless an extension is granted by the Town council.

2. If the subdivider fails to complete the improvements within the specified time, the Town may, by resolution of the Town council, cause the uncompleted improvements to be completed, and the parties executing the performance security shall be firmly bound for the payment of all costs.

b. Minor subdivisions. The completion of improvements for subdivisions of four (4) or fewer parcels is not required until a permit or other grant of approval for the development of a lot within the subdivision is applied for. However, the Town may require completion of the improvements within twenty-four (24) months from the recording of the parcel map when it finds that the completion of the improvements is necessary for public health or safety or for the orderly development of the surrounding area. The decisionmaker may make this finding at the time of tentative map approval. A subdivision improvement agreement shall be required to secure the required improvements.

c. Extensions.

1. The Town council may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made at least thirty (30) days before expiration of the subdivision improvement agreement. No extension shall be granted if any lot within the subdivision has been sold.

2. The subdivider shall enter into a subdivision improvement agreement extension with the Town. The agreement shall be prepared by the Town Engineer, approved as to form by the Town Attorney, executed by the subdivider and surety and transmitted to the Town Manager for his or her consideration. The Town Manager may approve extensions or refer them to the Town Council.

3. In passing upon a request for a subdivision improvement agreement extension, the Town Manager may require the following:

(A) Revision of improvement plans to provide for current design and construction standards when required by the Town Engineer;

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

(C) Increase of improvement securities in accordance with revised construction estimates;

(D) Increase of inspection fees to reflect current construction costs; however, inspection fees are not subject to decrease or refund; and

(E) The Town Manager as a condition to approving a time extension for the completion of improvements may impose additional requirements relating to the physical improvements, considered necessary to bring the project into compliance with current ordinances, standards and policies.

4. The subdivider shall pay the costs incurred by the Town in processing the extension request and extension agreement.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the Town shall consider the subdivision improvements for acceptance. The Town Council shall act by resolution accepting any previously rejected improvements for maintenance and also accepting the public streets and easements for these improvements.

b. When dedications of rights-of-way, dedications of easements or improvements are accepted for public purposes, the Town Clerk shall file a notice with the county recorder.

(Ord. No. 2009-253, § 2, 7-15-2009)

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 such supplemental size, capacity, number, or length is solely for the benefit of property not within the subdivision, the Town shall, subject to the provisions of Sections 66486 and 66487 of the Government Code, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

b. The Town Council 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, of a reasonable charge for such use.

2. The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit to real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the Town for such costs, together with interest thereon, if any, paid to the subdivider.

3. The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.

c. If the Town Council determines to reimburse the subdivider through the creation of a benefit district, the following procedure shall be followed:

1. The Town Engineer shall prepare a report calculating the amount of the fee to be imposed on each benefited property. The report shall show that there is a reasonable relationship between the amount of the fee to be imposed on each benefited property and cost of the improvements constructed by the subdivider attributable to each benefited property.

2. Prior to approving the formation of the district and the fee, the Town Council shall hold a public hearing.

3. At least fourteen (14) days before the public hearing, the Town shall mail written notice of the hearing to the owners of benefited properties. The notice shall identify the improvements to be funded by the fee and the amount of the fee to be imposed on the benefited property. The notice shall additionally inform the owners of benefited properties that the report will be made available to them for review.

4. At the conclusion of the public hearing, the Town Council may approve by resolution the formation of the benefit district and the imposition of the fee to reimburse the subdivider for the costs of the improvements.

5. The public hearing may, but is not required to, be held at the same time as Town Council consideration of a subdivision improvement agreement and acceptance of a final map. In that event, the proposed fee shall be based upon the estimated cost to construct the improvements and shall be revised to reflect the actual cost of construction subsequent to acceptance by the Town Council.

(Ord. No. 2009-253, § 2, 7-15-2009)

Although a subdivision improvement agreement is required for all subdivisions to ensure the construction of all improvements necessary to be completed as part of the development, the Town may permit some improvements to deferred until a later date. When the Town allows improvements to be deferred, the owner shall enter into an agreement with the Town in a form acceptable to the Town Engineer and Town Attorney for the installation of all deferred improvements at a time in the future as specified by the Town.

The agreement shall provide all of the following:

a. The owner shall begin construction of improvements within ninety (90) days of the receipt of the notice to proceed from the Town, or as mutually agreed upon in writing. The agreement may require the owner to deposit one hundred (100%) percent of the estimated cost of the improvements with the Town or to provide other security for their construction, consistent with the requirements of this Article.

b. In the event of default by the owner, the Town is authorized to cause construction of the improvements to be done and charge the entire cost and expense to the owner, including interest from the date of notice of said cost and expense until paid. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution.

c. The agreement shall be recorded with 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 obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the Town, including interest as provided above, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it.

d. In the event of litigation occasioned by any default of owner, the owner agrees to pay all costs involved, including reasonable attorney's fees. Those costs shall become a part of the lien against the real property. The construction of deferred improvements shall conform to this tile and all applicable provisions of this code in effect at the time of construction.

(Ord. No. 2009-253, § 2, 7-15-2009)