Article X Improvements

General. All improvements as may be required as conditions of approval of the tentative map or by city ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions.

Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be d on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

Completions of improvements shall be in accordance with this article.

Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.

Storm drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed and shall be capable of collecting and conveying runoff as required by the city's adopted public works department Standard Specifications. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

Sanitary sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system in accordance with the provisions of this Code.

Water supply. Each unit or lot within the subdivision shall be served by an approved domestic water system, in accordance with the provisions of this Code.

Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cable facilities.

§ 31-70 Deferred improvement agreements.

Fencing. Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence adequate to prevent unauthorized access between the properties.

(h)

Railroad crossings. Provision shall be made for any and all railroad crossings necessary to provide access to, or circulation within, the proposed subdivision. This shall include the preparation of all documents necessary for application to the State Public Utilities Commission and other applicable agencies, for the establishment and improvement of such crossing. The cost of such railroad crossing shall be borne by the subdivider.

(i)

Other improvements. Other improvements, including but not limited to, grading, street lights, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities, fences, and public transit facilities, or fees in lieu of any of the foregoing, shall also be required as determined by the public works director in accordance with this Code, the General Plan, any applicable specific plan, and city standards and specifications.

(j)

Off-site improvements. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, the city shall, within one hundred twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty day time limit, the condition for the construction shall be waived. Prior to approval of the final subdivision map or parcel map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

(k)

Underground utilities. All underground utilities shall be installed in conjunction with the construction of streets or alleys and shall be completed before such streets and alleys are paved. Such underground utilities shall be inspected by the appropriate utility or city representatives prior to covering.

[Ord. No. 1034, § 1.]

Parcel map improvements may be deferred when deemed necessary by the public works director. When improvements are deferred, the subdivider and owner of the real property shall enter into an agreement with the city, in form acceptable to the public works director and city attorney, for the installation of all frontage improvements at a time in the future as specified by the city, and approved by the city council. The city clerk shall execute the agreement on behalf of the city. The agreement shall provide for the following:

Construction of improvements shall commence within sixty days of the receipt of the notice to proceed from the city and shall be completed within the time specified.

That in the event of a default by the subdivider and owner, the city is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and owner, including interest from the date of notice of said cost and expense until paid.

That the agreement shall be recorded with the county recorder at the expense of the subdivider and owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the city, including interest as provided above, subject to foreclosure in the event of a default in payment.

That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and owner shall agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property. Prevailing parties in any litigation shall be entitled to attorney's fees as set by a court of law.

(5)

That the terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

(6)

Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.

The agreement shall not relieve the subdivider and/or owner from any other specific requirements of the Subdivision Map Act, this Code or law. The construction of deferred improvements shall conform to the provisions of this Code, this chapter, and all public works standards and specifications in effect at the time of construction.

§ 31-71 Remainders.

[Ord. No. 1034, § 1.]

Where a remainder is made part of a final subdivision map or parcel map, the subdivider may enter into an agreement with the city to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider's expense. In the absence of such an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final subdivision map or parcel map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

The public health and safety, or

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

§ 31-72 Design.

[Ord. No. 1034, § 1.]

General. The design and layout of all required improvements, both on and off-site, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, the Subdivision Map Act, the General Plan, any applicable specific plan, and applicable provisions of this Code.

Streets and highways. The street and highway design shall conform both in width and alignment to any adopted streets and highways master plan, or any applicable specific plan and the right-of-way for any such street or highway indicated shall be dedicated.

The street and highway design shall conform to any proceedings affecting the subdivision, which may have been initiated by the city council or approved by the council upon initiation by other legal constituted bodies of the city, county or state. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for public freeway or parkway, and the council shall determine the boundaries of the right-of-way to be acquired, the subdivider shall either dedicate or withhold from subdivision all the area included in the right-of-way.

The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision.

The centerlines of all streets wherever practicable shall be the continuation of the centerline of existing streets, or shall be off-set at least one hundred fifty feet.

Street intersections shall be required to be as near to a right angle as is practicable.

(5)

Cul-de-sac or dead-end streets shall not be more than five hundred feet in length, measured from the centerline of the intersecting street. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property, and the resulting dead-end streets may be approved with a turnaround. In all other cases, a turnaround, having a minimum curb radius of forty-five feet, or a comparable area in another form shall be required, separated to a depth of one building lot from the exterior boundary line or other topographical feature of the subdivision.

(6)

The centerline curve radius of all streets and highways shall conform to accepted engineering standards of design and shall be subject to the approval of the public works director.

(7)

No street or highway shall have a grade of more than six percent, except when approved by the public works director.

(8)

All street names shall be reviewed by the community development department. Duplication of existing names within the city will not be allowed unless the streets are obviously in alignment with existing streets and likely to sometime be a continuation of the other street.

(9)

No part width streets will be allowed in any subdivision.

(10)

Streets and highways not shown on any master streets and highways plan, or applicable specific plan, or not affected by proceedings initiated by the Council, shall not be of less width than those set forth within public works standard specifications. Increased widths may be required when streets are to serve commercial property or when warranted by probable traffic conditions. Approval or determination of the required width, in the absence of an approved streets and highways master plan, or specific plan, shall be made by the public works director.

Alleys. Alleys of not less than twenty feet in width may be required at the rear of all lots fronting on major or secondary highways, except where service or frontage roads are provided abutting the highway for ingress and egress for such lots abutting the highway. Such alleys, may likewise be required at the rear of lots designed for business or multiple family purposes.

Blocks.

Block lengths shall not exceed one thousand feet unless existing conditions warrant a variance. Long blocks along major thoroughfares and highways are desirable to reduce the number of intersections.

Block width shall be of sufficient width to permit the platting of two tiers of lots, of normal depth.

§ 31-73 Private streets.

[Ord. No. 1034, § 1.]

Private streets shall not normally be permitted. However, if the planning commission, in the case of tentative subdivision maps, or the subdivision committee, in the case of tentative parcel maps, determines that the most logical development of the land requires that lots be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment width, grade, and material specifications of any proposed private street, the topography and means of access to each lot, and the drainage, sewer and water service and fire protection for the lots served by such private street. The private street shall be constructed in accordance with standard engineering specifications and any other applicable plans and specifications of the city as approved by the public works director. Construction of the private street shall be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the public works director and city attorney.

§ 31-74 Access.

[Ord. No. 1034, § 1.]

All lots or parcels created shall have access to an improved public street, unless otherwise provided in this article.

When a subdivision is developed adjacent to a major thoroughfare as designated in the General Plan, or any applicable specific plan, the approving body may require the subdivider to dedicate and improve a frontage road to provide controlled access points and limit curb cuts, or to create back-up lots with frontage upon interior local streets. In such cases, the approving body may require special landscaping of pedestrian areas, and wall designs which reduce traffic noise, enhance traffic safety, and improve neighborhood aesthetic conditions. The specifications, dimensions and materials for such streetscaping and wall treatments shall be determined on a project-by-project basis subject to the streetscaping design guidelines available through the community development department.

In all such projects, the improvements shall be in the public right-of-way or subject to a permanent maintenance easement providing for the city access. A benefit area will be established for each subdivision in order to assess benefiting properties for provision of on-going maintenance of the public improvements by the city.

Reserved strips, controlling the access to public ways or which will prove taxable for special improvements, will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights, or in no case except where the control and disposal of the land comprising strips is placed definitely within the jurisdiction of the city under conditions required by the planning commission.

§ 31-75 Easements.

[Ord. No. 1034, § 1.]

The subdivider shall grant easements for the purpose of installing utilities, planting strips, slope protection and for other public purposes, and in conformance with the public works department Standard Specifications.

§ 31-76 Service roads.

[Ord. No. 1034, § 1.]

When the front of any lot proposed for commercial, office, or industrial usage fronts on a major thoroughfare or any lot fronts on a freeway, the subdivider may be required to dedicate and improve a service road for use as off-street parking and provide ingress to and egress from such lots.

§ 31-77 Improvement plans.

[Ord. No. 1034, § 1.]

General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California.

Improvement plans shall include, but shall not be limited to, all improvements required pursuant to the provisions of this article.

Form.

Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four inch by thirty-six inch sheets. A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inch on the left side.

A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the public works director and for approval of plan revisions.

Plans and profiles shall be drawn to the scale of one inch equals forty feet or larger unless approved otherwise by the public works director. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

A vicinity map shall be shown on the first sheet of all sets of plans.

(5)

A north arrow shall be shown on each sheet when applicable.

(6)

Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the public works director.

(7)

All lettering shall be one-eighth inch minimum.

(8)

If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, index and vicinity map shall be included.

The form of all plans shall conform to additional requirements as may be established by the public works director. The final form of all plans shall be approved by the public works director.

Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private, including common areas.

Reference may be made to city of Oakdale or State Standards Plans in lieu of duplicating the drawings.

Supplementary plans and calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the public works director. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form approved by the public works director.

Geotechnical reports.

Three copies of an engineering soils report and engineering geology report, prepared by a civil engineer and engineering geologist registered in the state and based upon adequate borings, shall be submitted to the city building official for subdivisions of five or more parcels. The city building official may require that such reports be submitted for subdivisions of four or less parcels.

If the city has knowledge of, or the soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the city building official. Such soils and/or geologic investigation shall meet State of California soil testing standards and shall be done by a civil engineer and/or geologist registered in the state who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The city may approve the subdivision, or portion thereof, where soils or geologic problems exist if the city determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each structure.

Geotechnical reports must also comply with applicable city administrative policies and standards.

Review by the public works department. The subdivider shall submit the improvement plans and all computations to the public works department for review. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider.

Plan checking costs. Costs incurred by the city for the checking of plans or calculations shall be borne by the subdivider. A deposit, as determined by the public works director in accordance with the charge rates set by city council resolution, shall be submitted to the department at such time as the improvement plans and computations are submitted.

(h)

Approval by the public works director. After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the public works director for signature.

Upon finding that any required revisions have been made and that the plans conform to all applicable city ordinances and plans, design requirements and conditions of approval of the tentative map, the public works director shall sign and date the plans. The public works director may make a reproducible set of the plans for use by the city. The originals will be returned to the subdivider.

Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone and cable television service construction plans.

Approval by the public works director shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.

(i)

Revision to approved plans.

By subdivider. Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the public works director or authorized representative and shall be accompanied by revised drawings showing the proposed revisions. If the revision is acceptable to the public works director and consistent with the tentative subdivision map or tentative parcel map, the originals shall be submitted to the public works department for initialing. The originals shall be returned to the subdivider and the revised plans shall be immediately transmitted to the public works director. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved by the public works director.

By public works director. When revisions are deemed necessary by the public works director to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the public works director for initialing within the time specified by the public works director.

Upon receipt of the initialized originals, the subdivider shall immediately transmit revised drawings to the public works director. Construction of all or any portion of the improvements may be stopped by the public works director until revised drawings have been submitted.

The subdivider may appeal revisions required by the public works director to the city council by filing an appeal in writing with the city administrator within ten days following receipt of the request to revise the plans.

Plan checking and inspection costs for revisions. Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider. A deposit, as determined by public works director in accordance with the charge rates set by city council resolution, shall be submitted with the revised plans and applied toward the actual costs.

§ 31-78 Improvement agreement.

[Ord. No. 1034, § 1.]

The improvement agreement shall be prepared by the public works director and approved as to form by the city attorney. The agreement shall provide for:

Construction of all required on-site and off-site improvements according to the approved plans and specifications on file with the public works director.

Completion of improvements within the time specified by this article.

Right of the city to modify plans and specifications and to require the subdivider to pay for modifications.

Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties.

Payment of inspection deposit in accordance with the city's resolution establishing applicable charge rates.

Payment of in-lieu fees for undergrounding of utilities on peripheral streets.

Payment of planned drainage facility fees.

(h)

Improvement security.

(i)

Maintenance and repair of any defects or failures and their causes.

(j)

Release and indemnification of the city from all liability incurred in connection with the development and payment of all reasonable attorneys' fees that the city may incur because of any legal action or other proceeding arising from the development.

(k)

Proof of insurance in the form of general liability coverage, automobile liability, workers compensation insurance, employer's liability, and course of construction coverage.

(l)

Any other deposits, reimbursements, fees or conditions as required by city ordinance or resolution and as may be required by the public works director.

(m)

Any other provisions required by the city as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.

§ 31-79 Improvement security.

[Ord. No. 1034, § 1.]

General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be approved by the public works director and city attorney and secured in accordance with the Subdivision Map Act and as provided below.

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. Prior to the construction of improvements identified within a deferred improvement agreement, all improvement security shall be first received and approved.

Form of security. The form of security shall be one or the combination of the following at the option and subject to the approval of the city:

Bond or bonds by one or more duly authorized corporate sureties.

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

An instrument of credit or letter 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 agreement are on deposit and guaranteed for payment.

Any other form of security as provided in the Subdivision Map Act.

Amount of security. A performance bond or other security in the amount of one hundred percent of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty percent of the estimated construction cost shall be required to guarantee payment to subdividers contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. In addition, a warranty bond in the amount of twenty-five percent of total construction cost shall be provided to guarantee the improvements against any defective work, or labor done, or defective materials used in the performance of the improvements during and following completion and acceptance of the improvements.

As a part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the city in enforcing the obligations secured.

The estimate of the improvements costs shall be as approved by the public works director and shall provide for:

Not less than ten percent of the total construction cost for contingencies.

Increase for projected inflation computed to the estimated midpoint of construction.

All utility installation costs or a certification acceptable to the public works director from the utility company that adequate security has been deposited to ensure installation.

Off-site security. The subdivider shall deposit with the city an amount as required by the public works director, not to exceed one percent of the total estimated construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released.

Warranty security. Prior to the public works director signing the final subdivision map or parcel map, or recordation thereof, the subdivider shall provide security in the amount of twenty-five percent of the cost of the construction of the improvements to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warrant period. The warrant period shall be the time during which construction is taking place and shall be extended for a period of one year following completion and acceptance of the improvements.

Reduction in performance security. Upon the request of the developer, the public works director may authorize in writing the release of a portion of the security in conjunction with the acceptance or the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the public works director; however, in no event shall the public works director authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this Code or the improvement agreement.

Release of improvement security.

Performance security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the public works director. If a warranty security is not submitted, performance security shall be released twelve months after acceptance of improvements and correction of all warranty deficiencies.

Material and labor security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.

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

All deficiencies appearing on the warrant deficiency list for the subdivision have been corrected.

Not less than twelve months have elapsed since the acceptance of the improvements by the city.

§ 31-80 Construction and inspection.

The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the city.

Construction shall not commence until all required improvement plans have been approved by the public works director and all deposits have been paid. All improvements are subject to inspection by the public works director or authorized personnel in accordance with the city 's approved specifications.

Inspection costs. Costs incurred by the city for the inspection of on- and off-site construction shall be borne by the subdivider. A deposit, as determined by the public works director in accordance with the charge rates set by city council resolution, shall be submitted to the department prior to the commencement of construction.

[Ord. No. 1034, § 1]

§ 31-81 Completion of improvements.

Improvement completion. Improvements shall be completed by the subdivider within twelve months, or such later time as approved by the public works director, not to exceed thirty-six months, from the recording of the final subdivision or parcel map, unless an extension is granted by the city council.

Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.

Extensions. The completion date may be extended by the city council, upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement agreement extension with the city. The agreement shall be prepared by the public works director, approved as to form by the city attorney, executed by the subdivider and surety and transmitted to the city council for its consideration. If approved by the city council, the city clerk shall execute the agreement on behalf of the city.

In consideration of a subdivision improvement agreement extension, the following may be required:

Revision of improvement plans to provide for current design and construction standards when required by the public works director;

Revised improvement construction estimates to reflect current improvement costs as approved by the public works director;

Increase of improvement securities in accordance with revised construction estimates;

Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

The city council may impose additional requirements as recommended by the public works director or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

The developer shall pay all costs incurred by the city in processing the agreement in accordance with the fees required by city council resolution.

As-built plans. Upon completion of the improvements, the subdivider shall submit to the public works director an approved reproducible set of as-built improvement plans.

[Ord. No. 1034, § 1.]

§ 31-82 Acceptance of improvements.

[Ord. No. 1034, § 1.]

General. With respect to all subdivisions, when all improvement deficiencies have been corrected and as-built improvement plans submitted, the completed subdivision improvements shall be considered by the public works director for acceptance.

Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

Acceptance. If the subdivision improvements have been accepted by the public works director, and public improvements have been dedicated on the final subdivision map or parcel map, the city clerk shall file an acceptance of public improvements with the county recorder.