Chapter 11.45 — DEDICATIONS AND RESERVATIONS

This Chapter establishes the dedications and reservations that the County may impose on a subdivider as a condition for approval of a tentative map or a parcel map. The purpose of this Chapter is to ensure that new developments designate lands in appropriate locations, sizes, and free of constraints to accommodate public facilities and infrastructure needed to serve such development and/or pay a fair-share fee for land acquisition.

(Ord. No. 1624)

When required as a condition of approval for a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for roads and other public rights-ofway according to the standards below. Such dedication shall be either in fee or easement as determined by the Public Works Director.

(1)

If the proposed subdivision lies only on one side of an existing County road, the subdivider shall offer to dedicate rights-of-way not less than one-half of that required by the Circulation section of the Community Development Element of the General Plan, adjacent to the center line of said County Road. If the subdivision includes both sides of an existing County road, the subdivider shall offer to dedicate an over-all width of right-

of-way of at least that required by the adopted Yuba County Circulation Plan. Dedication of land not adjacent to an existing County road may be required for planned projects per said circulation plan.

(2)

As part of the subdivision, the owner shall dedicate right-of-way in accordance with the Circulation section of the Community Development Element of the General Plan. Right-of-way for roads within new subdivisions or for adjoining roads required to give access to the subdivision that are not shown on the Vehicular Circulation Diagram shall be dedicated to the standards of their highest future use.

(3)

Waiver of Right-of-Way Dedications by Public Works. The Public Works Director may authorize a reduction in the requirements for right-of-way dedications if he or she finds that the standard requirements would affect existing structures, existing land uses, or new subdivisions where the sidewalk will be detached from the curb. In no case may a reduction be granted under this Subsection that would allow for right-of-way width of less than 30 feet.

(Ord. No. 1624)

When required as a condition of approval for a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide bicycle paths for the use, safety, and benefit of the residents of the subdivision or that is in accordance with the Bikeway Master Plan.

(Ord. No. 1624)

When required as a condition of approval for a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision.

(Ord. No. 1624)

At such time as the County has adopted solar access standards, and when required as a condition of approval for a tentative subdivision map, the subdivider shall dedicate or make an irrevocable offer of dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought has the ability to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. The dimensions and locations of such easements shall be in accordance with any standards for solar access adopted by the Board of Supervisors.

(Ord. No. 1624)

(a)

Authority. This Section is adopted under the provisions of Section 66477 of the Subdivision Map Act and the power of the County of Yuba to protect the public health, safety and welfare of its residents.

(b)

Applicability and exemptions. This Section applies to subdivisions of land classified by the County for, or otherwise proposed for, residential use. This Section does not apply to:

(1)

Subdivisions containing fewer than five parcels and not used for residential purposes, provided that a condition is placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years of filing the parcel map with the County Recorder, the fee shall be paid by the owner of each such parcel as a condition to issuance of such permit.

(2)

Commercial or industrial subdivisions.

(3)

Condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added.

(c)

Requirement for and use of land and/or fees. As a condition to the approval of a tentative or parcel or subdivision map, each subdivider of land for residential use shall dedicate or reserve land, pay fees in lieu of such dedication of land, or a combination of both, for park or recreational purposes. Park and recreational purposes shall include land and facilities for recreational activities. This includes a range of recreational facilities such as community gardening, green spaces, outdoor sports facilities, outdoor fitness stations, dog-friendly amenities, trails, picnic areas, and other uses that would be compatible with recreational or leisure activities.

(1)

Use of land and fees. The land, fees, or combination thereof are to be used only for the purpose of developing (including acquiring the necessary land) new, or rehabilitating existing, neighborhood or community park or recreational facilities to serve the subdivision.

(d)

Amount of land and/or fee to be dedicated.

(1)

General standard. The amount of land or fees, or both, shall be the amount necessary to provide five acres of park area per 1,000 persons residing within a subdivision. The general standard is .005 acre/person.

(2)

Standard for determining proportion of subdivision to be dedicated. If a park or recreational facility has been designated in the plans and is to be located within a proposed subdivision, then the subdivider shall dedicate land for a park or recreational purposes sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the future residents of the subdivision. The formula for determining the amount of required dedicated land shall be as follows:

Required Dedication (acres) = 0.005 x Average Number of Persons/Dwelling Unit x Number of Dwelling Units.

a.

Average number persons/dwelling unit. The average number of persons per dwelling unit based on the 2030 General Plan is 2.90 for low density residential (i.e. RS and RR zone districts), 2.50 for medium density residential, and 1.5 for high density residential.

b.

Dwelling units. The total number of dwelling units of the same type in a subdivision. If a mixture of dwelling unit types exist in a subdivision, the land to be dedicated for each type shall be separately calculated and then added together to obtain the land to be dedicated for a subdivision.

(3)

Standard for determining amount of fees. If a park or recreational facility has not been designated in the plans in whole or part within a subdivision, the subdivider shall pay fees in the amount of 120 percent of the Fair Market Value per acre of the required dedication. The fees equal the amount obtained by multiplying the general standard times the value of land that would have been dedicated if such dedication were made under this Section, plus another 20 percent of this amount towards off-site improvements.

a.

Fair market value. The fair market value shall be determined by a written appraisal acceptable to the County and paid for by the developer. The appraisal shall be made within 30 days prior to the date the subdivider files a parcel or final map. The subdivider shall notify the County of the expected filing date at least six weeks prior to filing date of a parcel or final map. If the parcel or final map to which the appraisal relates is not filed within one year after the date of the appraisal, a new appraisal shall be prepared as provided by this Section. In appraising the fair market value per acre, the appraisal shall consider, but is not limited to, the following:

1.

Approval of and conditions of the tentative subdivision map;

2.

General Plan or community plan designation;

3.

Zoning district;

4.

Property location;

5.

Off-site improvements facilitating use of the property; and

6.

Site characteristics of the property.

(4)

Standard for determining combination of dedication and fees. If the amount of land required for dedication under this Section exceeds the portion of land within a subdivision necessary to complete the site within the subdivision for a park or recreational facility proposed in the plans, the subdivider shall dedicate land for park or recreational purposes necessary to complete the site. In addition, the subdivider shall pay fees in the amount of 120 percent of the Fair Market Value per acre for the remaining portion of required dedication.

(e)

Fees only subdivisions; exceptions. Only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.

This Subsection does not prohibit the voluntary dedication by a subdivider and acceptance by County of land for park or recreational purposes in subdivisions of 50 parcels or less. The credit provisions of this Section shall not apply to such a voluntary dedication of land.

(f)

Credits.

(1)

Generally. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Section. However, the subdivider shall not receive a credit for any of the following:

a.

Any street improvement and utility connection including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees or sidewalks within the boundaries of the land that would have been constructed or installed, regardless of the land being dedicated for park or recreational purposes.

b.

Fencing along the property line of that portion of the subdivision contiguous to the land.

c.

Improved drainage through the land.

d.

Other minimal improvements that the County determines are essential for the County's acceptance of the land.

(2)

Credit for private common open space. In addition to any other credit provided by this Section, common interest developments, as defined in Civil Code Section 1351, shall be eligible to receive a credit against the payment of fees or dedication of land required by this Section for 50 percent of the value of private common open space within the development which is usable for active recreational uses and where all of the following conditions are satisfied:

a.

Yards, setbacks, and other open areas required by the zoning and building ordinances, including areas credited against minimum lot sizes, shall not be included in computing the amount of such private common open space;

b.

Private ownership and maintenance of the open space shall be adequately provided for by deeds and recorded covenants;

c.

Use of the private common open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the existing and future owners of the property within the development and which cannot be eliminated without the consent of County;

d.

The proposed private common open space is reasonably adaptable for use for park and recreational purposes as determined by the County; and

e.

The private common open space for which credit is given shall meet the needs of the future residents of the development, or, alternatively, that the land or facilities offered, or both, provide a special recreational benefit to the development not otherwise provided in available park and recreational facilities.

(g)

Procedures.

(1)

Determination and factors. The amount and location of land to be dedicated or the fees to be paid, or a combination of both, shall be solely determined by the Community Development and Services Agency Director, after consulting with the Planning Director and the director of the local public parks agency, if one exists, considering the intent of this Section, the principal considerations hereafter described, and the following factors:

a.

Consistency with the Yuba County Parks Master Plan and the General Plan.

b.

The natural features, access, and location of land in the subdivision available for dedication;

c.

Size and shape of the subdivision and land available for dedication;

d.

Feasibility of dedication;

e.

The location of existing and proposed park sites and railways; and

f.

The design and location of proposed park and recreational facility improvements.

(2)

Principal consideration. Principal consideration shall be given to land that offers one or more of the following:

a.

A variety of recreational potential for all age groups.

b.

Recreational opportunities within walking distance from residential areas or homes.

c.

Possibility for expansion or connection with school grounds.

d.

Integration with hiking, riding and bicycle trails, natural stream reserves and other open space.

e.

Coordination with all other park systems.

f.

Access to at least one existing or proposed public street.

(3)

Time of land determination, fee percentage and conveyance.

a.

The amount and location of the land to be dedicated and the percentage of the fees to be paid shall be determined at the time of the approval under this division of a tentative parcel or subdivision map.

b.

At the time of filing of the final map or parcel map, fee simple absolute title to the dedicated land shall be conveyed in compliance with this Section and Government Code Section 27281.

(4)

Time of fee amount determination and payment. The CDSA Director shall determine the amount of fees or remaining fees to be paid after receiving the written appraisal provided by this Section. The CDSA Director shall notify the director of the local public parks agency and the subdivider in writing of the amount of the fees to be paid. The fees shall be paid and received at or prior to the time of filing of the final map or parcel map.

(Ord. No. 1624)

As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions may be required to dedicate to the school district, or districts, within which such subdivision is to be located, such land as the school district deems necessary for the purpose of constructing schools necessary to assure the residents of the subdivision adequate elementary school service.

(1)

Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the County, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time, before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.

(2)

Payments to subdivider. The school district shall, if it accepts the dedication of land, repay the subdivider the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following:

a.

Improvement costs. The cost of any improvements to the dedicated land since acquisition by the subdivider;

b.

Assessed taxes. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and

c.

Other costs. Any other costs incurred by the subdivider to maintain the dedicated land, including interest costs incurred on any loan on the land.

(3)

Exceptions. The requirements for dedication shall not apply to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.

(Ord. No. 1624)

11.45.080. - Public Access to waterways, lakes, reservoirs.

(a)

Waterways. For any subdivision that fronts upon a public waterway, river, or stream:

(1)

Reasonable public access shall be provided by fee or easement from a public roadway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. "Reasonable access" shall be determined by the hearing body according to the provisions of Section 66478.4 of the Subdivision Map Act.

(2)

A public easement shall be dedicated along a portion of the bank of the river or stream bordering or lying within the proposed subdivision, consistent with the provisions of Section 66478.5 of the Subdivision Map Act.

(b)

Lakes and reservoirs. For any subdivision that fronts upon any lake or reservoir that is owned in part or entirely by any public agency, reasonable public access shall be provided by fee or easement from public roadways to any water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision. "Reasonable access" and "reasonable distance" shall be determined by the hearing body according to the provisions of Section 66478.12 of the Subdivision Map Act.

(Ord. No. 1624)

(a)

Closed conduits. An easement no less than 15 feet in width, or that which is sufficient to contain the closed conduit and appurtenances plus two feet on one side of the conduit and a ten-foot maintenance way on the other side of the conduit, whichever is greater, shall be offered for dedication on the final map or parcel map of the subdivision. Drainage easements for closed conduits shall not traverse a building site and shall, insofar as possible, be placed along or adjacent to lot boundary lines in a straight alignment without angle points.

(b)

Meandering drainage easements (M.D.E.). The width of the easement shall be to the limits of the 100-year flood plain or up to a maximum of 20 feet from the general centerline of the drainage course (which shall be shown on the final map or parcel map). The acceptance of such M.D.E. on behalf of the public does not obligate the County for the maintenance of such drainage easement.

(c)

Earth channels and maintained waterways. Where earth channels or maintained waterways are constructed within the subdivision, easements shall be provided according to the following standards:

(1)

Channels less than 30 feet in width shall have a sufficient easement dedicated to contain the top width of the channel, plus a 12-foot continuous maintenance way on one side and four feet on the other side.

(2)

Channels 30 feet or greater in width shall have a sufficient easement dedicated to contain the top width of the channel, plus a 14-foot continuous maintenance way on both sides of the channel or waterway.

(3)

Any fencing requirement will be determined by the decision-making authority.

(Ord. No. 1624)

At the time the County approves a final map or parcel map, the County shall also accept, accept subject to improvement, or reject, any offer of dedication. The County shall certify or have stated on the final map or parcel map the County's action.

(1)

Offers of dedication. If, at the time the final map or parcel map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities that directly benefit the residents of a subdivision, or storm drainage easements are not accepted by the County, the offer of dedication shall remain open and the Board of Supervisors may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

(2)

Termination of offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Section 8300 et seq. of the Streets and Highways Code.

(Ord. No. 1624)

The County shall record a certificate or statement on the face of the map with the County Recorder for any dedication for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. If by certificate, the certificate shall be attached to the map. The certificate or statement shall contain the name and address of the subdivider dedicating the property; a legal description of the real property being dedicated or adequately depicted on the map; and a statement that the County shall reconvey the property to the subdivider if the County makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

(Ord. No. 1624)

(a)

General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards contained in this Subsection and the Subdivision Map Act.

(b)

Designated areas (standards for reservation). Where a park, recreational facility, fire station, library, school, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the County to reserve sites determined by the County to be in accordance with the policies and standards of the General Plan or such specific plan. The reserved area must be of such size and shape as to permit the balance of the property to develop in an orderly and efficient manner. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the General Plan or specific plan, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(c)

Acquisition. The County or other public agency for whose benefit an area has been reserved shall, at the time of recordation of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement between the subdivider and the public agency for whose benefit the area has been reserved.

(d)

Purchase price. The purchase price shall be the market value of the reserved area at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

(e)

Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement at the time of recordation of the final map or parcel map, as provided for in Section 66480 of the Subdivision Map Act and Subsection (c) above, the reservation of the area shall automatically terminate.

(Ord. No. 1624)

CHAPTER 11.46 - IMPROVEMENTS

This Chapter establishes standards and regulations for improvements for subdivisions. The purpose of this Chapter is to ensure that new developments are served by adequate infrastructure, facilities, and services.

(Ord. No. 1624)

(a)

No subdivision map, parcel map, or other division of land subject to the provisions of this division or the Subdivision Map Act shall be approved unless improvements are constructed or required to be constructed to serve the lots being created.

(b)

All improvements required by the County in the subdivision of land shall be designed and installed in accordance with the standards of this Division, and where applicable, with the current Yuba County Standard Specifications and Standard Plans.

(c)

Requirements for construction of on-site and off-site improvements for subdivisions of four or fewer 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.

(d)

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, subject to the provisions of Sections 66485—66489 of the Subdivision Map Act.

(Ord. No. 1624)

(a)

Road improvements.

(1)

General. The subdivider shall improve, or agree to improve, all streets, highways, or public ways within the subdivision, as well as all necessary off-site improvements so that the subdivision will conform to the requirements set forth below. All required improvements shall be installed to permanent line and grade and to the satisfaction of the Public Works Director in accordance with the Standard Plans and Specifications of the County of Yuba as they exist or may be established from time to time.

(2)

Improvements of existing County roads. Existing County roads along or through proposed subdivisions shall be improved or constructed in accordance with the Yuba County Standard Plans and Specifications based on the current road usage classification as determined by the Department of Public Works, instead of the designation provided by the Vehicular Circulation Plan of the General Plan.

a.

Exceptions for parcel maps. For maps creating four or fewer parcels, the Department of Public Works may waive or defer the requirements for curbs, gutters and sidewalks in urban areas for said maps if it makes either

of the findings provided for in Subsection 11.46.030(k), Waiver of Improvements by Public Works Director.

(3)

Improvements of off-site roads. Off-site improvements to County and non-County roads giving access to the parcels being created may be required where warranted by projected increased traffic resulting from the proposed subdivision and shall be required when existing access will not meet requirements necessary to provide for public health and safety. An equivalent amount of frontage improvements may be transferred off-site to another section of the road giving access to the parcels being created so as to provide a systematic method of improving the access road.

(4)

Improvements of roads within subdivision. Improvements for existing and proposed roads within the subdivision that are offered for dedication shall be constructed in accordance with the Circulation section of the General Plan and Yuba County Standard Plans and Specifications or as may be modified by the Public Works Director due to special overriding circumstances such as topography, property configuration, etc. Yuba County Standards Plans and Specifications are online at the Public Works Section of the Yuba County Website and available at the Yuba County Department of Public Works. Said Standards are hereby established and readopted as such by this provision.

a.

All street names shall be as approved by the County Surveyor acting as the Address Coordinator.

b.

A cul-de-sac with a minimum right-of-way radius as defined in the Yuba County Standard Plans and Specifications shall be provided at the end of any dead-end street or road easement, including those which may be designed to be temporary in nature. In rural areas, a 60-foot long hammer head/T turnaround may be constructed in lieu of the standard cul-de-sac with the approval of the Public Works Director. This determination shall be based upon the location, terrain, soil conditions, number of parcels on the roadway to the turnaround, and any other special consideration.

c.

No improvements or dedications of land shall be required as to contiguous remainder parcels.

(5)

Waivers to road improvement requirements and standards. The Public Works Director may waive the requirement for paving at his or her discretion upon consideration of all of the following performance standards, and when in his or her judgment:

a.

The road serving the land prior to division is unpaved and the total land served by said road is more than 75 percent developed at the primary residential density permitted under terms of the zoning governing the use of said properties.

b.

There are no current capital improvement plans to pave the road serving the land prior to division.

c.

The waiver shall be consistent with the intent of this division and with the Yuba County General Plan.

d.

Parcel sizes are 20 acres or greater.

(b)

Pedestrian ways. Pedestrian ways, including paving, landscaping, and fences as approved by the Development Review Committee, Planning Commission or the CDSA Director, may be required:

(1)

Through the middle of blocks that are more than 600 feet in length;

(2)

To connect streets that have only one outlet;

(3)

To provide access to playgrounds, parks, schools, shopping centers, or similar community facilities; and/or

(4)

To provide access to greenways, trails or bikeways shown in the General Plan or Bikeway Master Plan.

(c)

Bikeways. Bikeways shall be required by the Public Works Director and Planning Director in all locations shown in the General Plan, Bikeway Master Plan, and/or as approved by the Planning Commission and Board of Supervisors.

(1)

Widths shall be subject to approval by the Public Works Director.

(2)

Appropriate signs and pavement markings as may be required by the Public Works Director shall be furnished and installed by the subdivider.

(d)

Trails and greenways. Trail and greenway improvements shall be provided and graded as may be required by the Public Works Director and Planning Director in all locations shown in the General Plan and any implementing plan that the County adopts, or as approved by the Planning Commission and Board of Supervisors. Improvements (e.g., fencing, signs, etc.) to trails and greenways shall be provided as necessary for the public health, safety, and general welfare.

(e)

Street trees. The subdivider shall be required to plant street trees at 40 feet on center along all public or private streets within and/or bordering the subdivision located within the valley growth boundary, consistent with the standards in Chapter 11.24, Landscape.

(f)

Drainage (stormwater).

(1)

General drainage requirements. Subdivisions shall be protected from flood hazard and inundation by storm waters. The design and construction of drainage facilities shall be such that water course traversing the subdivision and water emanating from within the subdivision will be carried through and off the subdivision without injury to improvements, residential sites, or adjacent properties. Drainage design shall be in accordance with the Yuba County Standard Plans and Specifications and the National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements (Order No. 2013-0001-DWQ or future permits or modifications thereto).

a.

Drainage water entering the subdivision shall be received and discharged from the subdivision at the locations and as nearly as possible in the manner as existed prior to the construction of the drainage facilities within the subdivision. Post-development peak flows shall not exceed pre-development peak flows, unless downstream conditions can accommodate the increase.

b.

Drainage waters originating within a proposed subdivision shall be conveyed into a permanent drainage facility. Such facility shall consist of either a well-defined natural channel or waterway containing sufficient capacity to accommodate the design discharge of the ultimate drainage of the watershed in which the subdivision is located without experiencing bank erosion or overtopping, or a constructed facility having adequate capacity to carry the design discharge of the subdivision. All required drainage facilities shall be constructed by the developer.

c.

Drainage waters shall not be discharged onto existing County rights-of-way except in a manner approved by the Public Works Department. Proposed subdivisions fronting on existing County rights-of-way shall also conform to these sections.

(2)

Hydraulic design. Design quantities of flow for major waterways will be provided the subdivider by the County, if the data is available. Design flows for secondary and minor drainage facilities shall be computed by the subdivider's engineer. The Rational Method may be used to calculate peak flows provided that the watershed is less than 100 acres and there are no detention or retention facilities included in the drainage system. Runoff coefficients and intensity-duration curves shall be as approved by the Department of Public Works. Drainage systems that incorporate detention or retention facilities within the drainage system shall use the unit hydrograph method.

a.

The hydraulic design of the subdivision shall be such that after accumulating all energy losses through the various drainage transmission systems within the subdivision, depth of flow in the streets shall not exceed curb heights or encroach into the travel ways for 25-year average recurrence intervals and, depth of flow or ponding shall not be within one foot elevation of finished floors of residences constructed within the subdivision for a 100-year recurrence interval Unless approved by the Department of Public Works, no design energy grade line of any closed or open waterway, or any bridges, culverts or other appurtenances thereto, excepting curb and gutter or roadside ditch sections shall at any point be less than two feet below ground level for a 100-year event.

b.

Within the subdivision, catchbasins shall be so placed along the streets that the width of flow in the gutter will not exceed two feet for a one-year average recurrence interval. Bridges and box culverts spanning open waterways shall have a minimum freeboard above high water surface of one foot above the 100-year event.

c.

The hydraulic design of water quality BMPs shall be in accordance with the current CASQA New Development and Redevelopment handbook or as approved by the Department of Public Works.

(g)

Sanitary sewers. A sewage collection system designed and constructed to serve each unit or lot within the subdivision shall be provided.

(1)

All subdivisions having sewage collection systems shall be constructed to the standards required of the district that serves the subdivision.

(2)

All other subdivisions shall meet the requirements established by the Yuba County Environmental Health Director and shall be in conformance with all current health and safety standards.

(3)

All sewage systems shall meet the requirements of Chapter 7.07 and Chapter 10.05.060 of the County Code as such requirements may pertain to Subsections (1) and (2) above.

(h)

Water Systems. Each unit or lot within the subdivision shall be served by an approved water distribution system.

(1)

All water distribution systems within the limits of existing water district boundaries shall be constructed to the standards required by that district.

(2)

Water systems or supply sources outside the areas designated in Subsection (1) above shall be required to meet the following:

a.

All subdivisions requiring a final map that lie within the boundaries of a water-serving entity shall provide adequate water supply for each lot in the subdivision and for fire protection to the area through mains and hydrants.

b.

All other subdivisions requiring a final map or parcel map shall indicate the availabilities of domestic water and shall meet the requirements established by the Yuba County Environmental Health Director or his or her designee.

c.

Any water system, public or private, shall meet the requirements as outlined by the State of California, Department of Water Resources, in Bulletin 74-81 "Water Well Standards: State of California" Health and Safety Code Section 117020 et seq., as applicable.

(i)

Utilities. Each unit or lot within the subdivision may be required to be served by gas, electric, telephone and cable television facilities. Within the valley growth boundary, all utility distribution facilities (including but not limited to electric, video service, communication, and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be placed underground in accordance with the utility's rules and regulations on file with the state Public Utilities Commission. Equipment appurtenant to underground facilities, such as transformers, streetlight poles, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, may be installed above the surface of the ground.

Prior to the filing of a final map, written approvals shall be submitted to the County Surveyor from the appropriate public utilities, including but not limited to Pacific Gas and Electric Company, AT&T, and Comcast, or their successors in interest, as well as any other public utility designated in the conditions of approval, indicating that the utility's requirements have been met and that financial arrangements have been made to ensure the utility's facilities will be installed and that the utility is satisfied with the public utility easements as shown on the tentative map.

(j)

Off-site improvements. Prior to approval of the final map, the County shall require the subdivider to enter into an agreement to complete the off-site improvements at the time the County acquires title or interest in the land. The subdivider shall pay all costs, including County staff time, of acquiring off-site land or the necessary interest in the land required to construct the off-site improvements. If the subdivider is required to construct off-site improvements on land in which neither the County nor the subdivider have sufficient title or interest to allow construction and the subdivider is unsuccessful at acquiring said title or interest, the County shall acquire by negotiation or commence condemnation of the land.

(k)

Waiver of improvements by public works director. Required improvements may be waived or modified by the Public Works Director when he or she makes any of the following findings:

(1)

The proposed improvements can or will not function properly due to the lack of complementary facilities, but the subdivision is nonetheless an effective workable design, as modified.

(2)

Topographic conditions would obstruct the functioning or installation of such facilities, but the subdivision is nonetheless an effective workable design, as modified.

(Ord. No. 1624)

Before beginning construction of any improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, shall be submitted to the Public Works Director for review. All work shall be according to County standards and specifications. After the plans are signed, one or more complete sets (as determined by the County) including one of Mylar or other durable media shall be furnished, without cost, to the Public Works Director.

(Ord. No. 1624)

The subdivider shall enter into an improvement agreement for the construction of the required improvements. The agreement shall provide for:

(1)

Construction of all improvements according to the approved plans and specifications on file with the Public Works Director;

(2)

Specified times for completion of improvements;

(3)

Right by County to require changes to the plans and specifications in accordance with the development requirements and to require the subdivider to pay for the modifications;

(4)

Payment of applicable fees as set forth in the Ordinance of Fees and Charges;

(5)

Improvement security as required by this Chapter;

(6)

Posting of a one-year warranty bond guaranteeing the constructed improvements from defects;

(7)

Release and indemnification of the County from all liability incurred by the development and payment of all reasonable attorney's fees that the County may incur because of any legal action arising from the development; and

(8)

Any other provisions required by the County as reasonably necessary to comply with the requirements of this Chapter.

(Ord. No. 1624)

Notwithstanding the provisions of this Chapter regarding the fulfillment of all conditions prior to the approval of the application and map, the provision of improvements may be deferred pursuant to an agreement and payment of improvement security fees when deemed necessary by the CDSA Director to achieve the purpose of this division. The improvements serving the project may be deferred upon recordation of a deferred improvement agreement in instances where it can be determined that:

(1)

The benefits of the project outweigh the temporary deferment of certain improvements, the installation of the improvement is not feasible at this time (i.e. installation of landscaping due to rain or drought) or the deferment would help promote development of the property in a blighted area; and,

(2)

The deferment of the improvements would not be eminently injurious to health and safety.

(Ord. No. 1624)

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

(1)

Improvement security required. No final map or parcel map shall be signed by the Public Works Director or recorded until all improvement securities required by this Section have been received and approved.

(2)

Warranty security. Upon acceptance of the subdivision improvements by the County, the subdivider shall provide security in the amount as required by the Public Works Director to guarantee the improvements throughout the warranty period of one year following completion and acceptance of the improvements. The

amount of the warranty security shall be not less than 15 percent of the cost of the construction of the improvements, including the cash bond, which shall be retained for the one-year warranty period.

(3)

Form of security. 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.

Bond or bonds by one or more duly authorized corporate sureties. The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

b.

An instrument of credit or certificate of deposit from one or more financial institutions subject to regulation by the State or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

c.

A deposit, either with the County or a responsible escrow agent or trust company, at the option of the County, of money or negotiable bonds of the kind approved for securing deposits of public money.

(4)

Amount of security. A performance bond or security in the amount of 100 percent of the estimated improvement cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 100 percent of the estimated improvement cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements. The foregoing shall not apply to a California nonprofit corporation that is funded by a government agency if the corporation complies with Section 66499.3(c) of the Subdivision Map Act.

(5)

Estimated improvement cost. The estimated improvement cost shall be subject to the Public Works Director's review and approval. The estimate shall be based on the cost to the County if the County were to construct the improvements if the subdivider fails to perform the work. The cost shall include contingency, design, construction administration, adjustment due to inflation as necessary, and other reasonable expenses and fees, including attorney's fees, that may be incurred in enforcing the obligation secured as follows:

a.

Ten percent of the total construction cost for contingencies;

b.

All utility installation costs or a statement acceptable to the Public Works Director from the utility company that adequate security has been deposited to ensure installation; and

c.

In addition to the full amount of the security, there shall be included estimated costs and reasonable expenses and fees, including attorney's fees, which may be incurred in enforcing the obligation secured.

(6)

Release of improvement securities.

a.

Performance security. The performance security shall be released only upon acceptance of the improvements by the County and when an approved warranty security has been filed with the Public Works Director. If warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.

b.

Labor and materials security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment may, 30 days after the completion and acceptance of the improvements by the Board of Supervisors or Public Works Director and filing a Notice of Completion with the County Recorder, be reduced to an amount equal to the amount of claims therefore filed and of which notice has been given to the Board of Supervisors. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

c.

Warranty security. The warranty security shall be released upon satisfactory completion of the warranty period provided that:

1.

All deficiencies appearing on the final deficiency list for the subdivision have been corrected; and

2.

Not less than 12 months have elapsed since the acceptance of the improvements by the Board of Supervisors.

(Ord. No. 1624)

(a)

The construction methods and materials for all improvements shall conform to the Yuba County Standard Specifications and Standard Plans. Construction shall not commence until required improvement plans have been approved by the Public Works Director. All improvements are subject to inspection by the Public Works Director in accordance with the County's approved specifications.

(b)

Completion of improvements. The subdivider shall complete the subdivision improvements within 12 months, or at a time approved by the Public Works Director, not to exceed 24 months, from the recording of the final map, unless an extension is granted by the Board of Supervisors. If the subdivider fails to complete the

improvements within the specified time, the County may, by resolution of the Board and at its option, 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.

(Ord. No. 1624)

(a)

Procedure. Upon completion of the improvements required by the provisions of this Chapter, the subdivider or his authorized agent shall file a complete set of record drawings with the Public Works Director. Such record drawings shall be drawn on original tracings and be certified as to accuracy and completeness by the subdivider's engineer of record. Upon the receipt and acceptance of such record drawings, the Public Works Director shall recommend to the Board of Supervisors the formal acceptance of the improvements; for parcel maps, the Public Works Director shall accept the improvements.

(b)

Recordation of acceptance. If the subdivision has been accepted by the County, and public improvements have been dedicated on the final map, the County Clerk of the Board of Supervisors shall file an Acceptance of Public Improvements with the County Recorder. The Public Works Director shall file the acceptance of dedications on parcel maps with the County Recorder. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

(c)

Acceptance of a portion of the improvements. When requested by the subdivider in writing, the County may consider acceptance of a portion of the improvements as recommended by the Public Works Director. 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. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this Section.

(Ord. No. 1624)