Chapter 9.96 — IMPROVEMENT PLANS, INSTALLATION, AND SECURITY

This chapter provides standards for the preparation and review of improvement plans, the installation of improvements, and for security to guarantee improvement installation. (Ord. 242, 9-3-2013)

After the approval of a tentative map and before the construction of any improvements, the subdivider shall submit plans to the town as follows:

A. Preparation And Content: Improvement plans shall be prepared by a California registered professional engineer. Improvement plan submittals shall include all of the following information:

1. Any drawings, specifications, calculations, design reports, and other information required by the director;

2. Grading, drainage, water quality management plan, erosion and sediment control, and a stormwater pollution prevention plan (SWPPP), if and when required by the state of California, for the entire subdivision; and

3. The improvement plan/specification checking and construction inspection fees required by the town fee schedule.

B. Submittal Of Plans: Improvement plans shall be submitted to the director and other appropriate reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with subsection C, "Review And Approval", of this section, the subdivider shall also submit to the director a detailed cost estimate of all improvements, based on guidelines provided by the town.

1. Street And Drainage Plans And Profiles: Plans, profiles, and specifications of proposed street and drainage improvements shall be submitted to the town engineer, checked and approved before presentation of the final map to the council for acceptance. These plans and profiles shall show full details of the proposed improvements in compliance with town standards.

2. Water Systems Plans: Plans, specifications, and all necessary details of the proposed water system shall be submitted to the director for review; provided that the supplier has certified that it is willing and able to supply water upon request. Approval of the water system plans shall be by Hi-Desert water district (HDWD).

C. Review And Approval: Improvement plans shall be reviewed and approved by the applicable agency within the time limits provided by map act section 66456.2.

D. Effect Of Approval: The final approval of improvement plans shall generally be required before approval of a parcel or final map. The approval of improvement plans shall not bind the town to accept the improvements nor waive any defects in the improvements as installed. (Ord. 242, 9-3-2013)

Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (see section 9.91.070 of this article 6) shall be installed as provided by this section.

A. Timing Of Improvements: Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with section 9.95.050, "Subdivision Improvement Requirements", of this article 6, and before the approval of a parcel or final map.

1. Improvements are deferred in compliance with section 9.96.040, "Improvement Agreements, Lien Agreements, And Securities", of this chapter; or

2. Improvements are required as conditions on the approval of a subdivision of four (4) or fewer parcels, in which case construction of the improvements shall be required:

a. When a building permit is issued for development of an affected parcel; or

b. At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the town, as identified in section 9.96.040, "Improvement Agreements, Lien Agreements, And Securities", of this chapter; or

c. The time identified in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

3. To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and which are planned to run across or underneath a street or alley right of way shall be installed before the preparation of subgrade and before the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to allow construction work to be performed before subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals. B. Inspection Of Improvements: The inspection of the construction and installation of required subdivision improvements shall occur as follows:

4. Supervision: Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the town. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the director shall be made for any emergency work that may be required.

5. Inspection Procedures:

a. Inspections Required: The agency that has required a specific action shall make any inspections as it deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the agency, the developer shall enter into an agreement with the town to pay the full cost of any contract inspection services determined to be necessary by that agency.

b. Access To Site And Materials: The agency that has required a specific action shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in compliance with the approved improvement plans.

c. Authority For Approval: The work done and all materials furnished shall be subject to the inspection and approval of the agency that has required a specific action. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

d. Improper Work Or Materials: Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the agency that has required a specific action. In the event that the agency determines that subdivision improvements are not being constructed as required by the approved plans and specifications, it shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume the work. Any work done after issuance of a stop work order shall be a violation of this chapter.

3. Notification: The subdivider shall notify the director as part of condition compliance upon the completion of each stage of construction before recordation as outlined in this chapter. Further construction may only be completed if all required actions included in the conditions of approval have been accomplished and signed off by the agency that has required the action(s). (Ord. 242, 9-3-2013)

9.96.040: IMPROVEMENT AGREEMENTS, LIEN AGREEMENTS, AND SECURITIES:

A. Improvement Agreements: If all required improvements, and inspections are not satisfactorily completed before a parcel or final map is approved, the owner(s) of the subdivision shall, before the approval of the parcel or final map, enter as contractor into an improvement agreement with the council whereby in consideration of the acceptance by the council of the streets, easements, and any other land offered for dedication, the contractor agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement. In order to work within the public right of way, one must be a licensed contractor in the state of California.

B. Amount Of Security Required: To ensure that the work will be completed, improvement security shall be furnished to guarantee the performance of any act or improvement agreement in the following amounts and for the following purposes:

1. An amount, not less than one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the required act or improvement agreement.

2. An additional amount, not less than fifty percent (50%) nor more than one hundred percent (100%) of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act.

3. Whenever an entity required to furnish security in compliance with this section is a California nonprofit corporation, funded by the United States Of America or one of its agencies, or funded by this state or one of its agencies, the entity shall not be required to comply with subsections B1 and B2 of this section, if the following conditions are met:

a. The contractor installing the improvements has bonded to the nonprofit corporation and the town as coobligee the amount of one hundred percent (100%) of the contract for the faithful performance of the work, and has further bonded to the nonprofit corporation and the town as co-obligee an amount of not less than fifty percent (50%) of the contract for the payment of labor and materials, and those bonds comply with the provisions of this section.

b. All monies payable to the contractor by the nonprofit corporation are deposited in a depository complying

1 with the provisions of the subdivision map act and out of which progress payments are conditioned upon:

(1) The contractor's certification to the nonprofit corporation that all labor performed in the work and all materials furnished to and installed in the work, have been paid for in full to the date of the certification.

(2) The written approval of the nonprofit corporation.

(3) The review and approval of progress payment billings by director. The term "progress payment" as used in this section shall mean payment made in compliance with the schedule of partial payments agreed upon in the contract for the work. No less than ten percent (10%) of the total contract price shall be retained for the sixty (60) days following the filing of the notice of completion.

(4) Final payment to the contractor not being made until sixty (60) days shall have expired after the filing and recording of the notice of completion of the work and written acceptance of the work by the town.

c. All certifications as to progress payments shall be delivered through the U.S. mail to the nonprofit corporation.

4. An amount as determined by the director, but not more than twenty five percent (25%) of the total estimated cost of improvements or performance of the required act necessary for the guarantee and warranty of the improvement for twelve (12) months following the completion and acceptance, against any defective work or labor done, or defective materials furnished.

5. As part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney fees incurred by the town in successfully enforcing the obligation secured.

C. Type Of Security Required:

1. The furnishing of security in connection with the performance of any act or improvement agreement shall be one of the following, at the option of and subject to the approval of the town council:

• a. Bond or bonds by one or more duly authorized corporate sureties;

• b. A deposit, either with the town, responsible bank or trust company, at the option of the town, of money or negotiable bonds of the kind approved for securing deposits of public monies; and

• c. A letter or other instrument of credit from one or more financial institutions subject to regulation by the state

or federal government, and pledging that the funds necessary to carry out the act or improvement agreement are on deposit and guaranteed for payment.

2. Bonds to secure faithful performance and for the benefit of laborers and material of any agreement, shall be in

1 substantially the forms as shown in the subdivision map act . The money, negotiable bond, or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the town. (Ord. 242, 9-3-2013)

Notes