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)