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Chapter 18.108 - Improvement Plans and Agreements

Sections:

18.108.010 - Purpose of Chapter
18.108.020 - Improvement Plans
18.108.030 - Installation of Improvements
18.108.040 - Improvement Agreements and Security

18.108.010 - Purpose of Chapter

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

18.108.020 - Improvement Plans

After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any work necessary to fulfill the conditions of approval. Before the construction of any improvements, the subdivider shall submit plans to the Town as follows:

A. Preparation and content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

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

2. Grading, drainage, erosion and sediment control plan for the entire subdivision; and

3. The improvement plan/specification checking and construction inspection fees required by the Town Fee Resolution.

B. Submittal of plans. Improvement plans shall be submitted to the Town Engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with following Subsection C., the subdivider shall also submit a detailed cost estimate of all improvements to the Town Engineer based on guidelines provided by the Town.

C. Review and approval. Improvement plans shall be reviewed and approved by the Town Engineer, 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.

18.108.030 - Installation of Improvements

Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Chapter (see Section 18.96.070) 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 18.108.020, and before the approval of a Parcel or Final Map in compliance with Sections 18.98.080 (Parcel Map Approval) or 18.98.100 (Final Map Approval), except where:

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

2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required within six months of the date of recordation of the parcel map. The improvements shall be secured in accordance with Section 18.108.040 (Improvement Agreements and Security) before the approval of a Parcel Map.

B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

1. 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 Town Engineer shall be made for any emergency work that may be required.

2. Inspection procedures.

a. Inspections required. The Town Engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the Town Engineer, 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 the Town Engineer.

b. Access to site and materials. The Town Engineer 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 accordance 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 Town Engineer. 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 Town Engineer. In the event that the Town Engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title.

3. Notification. The subdivider shall notify the Town Engineer upon the completion of each stage of construction as outlined in the approved improvement plans, and shall not proceed with further construction until authorized by the Town Engineer.

18.108.040 - Improvement Agreements and Security

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

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

B. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on a form provided by the Town Engineer and approved by Town Attorney and shall include the following provisions.

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

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

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

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

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

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

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

C. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the Town Attorney, as follows:

1. Type of security. Subdivision improvement agreements shall be secured by all of the following:

a. A guarantee for "Faithful Performance," in the amount of 125 percent of the engineer's estimate; and

b. A guarantee for "Materials and Labor," in the amount of 125 percent of the engineer's estimate.

2. Form of security. The required surety shall consist of one of the following forms for the full amounts specified in Subsection C.1 above, as approved by the Town Engineer:

a. A cash deposit;

b. A bond or bonds executed by one or more duly authorized corporate sureties;

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

d. A lien upon the property to be divided, created by contract between the owner and the Town.

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

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

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

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

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

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

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