A. 
The subdivider shall construct all required improvements both on-site and off-site according to approved standards.
B. 
No parcel map or final map shall be presented to the Town Council for approval until the subdivider either completes the required improvements, or enters into an agreement with the Town agreeing to do such work.
(Ord. 214-90 § 8.1)
A. 
General.
1. 
All improvements as may be required as conditions of approval of the tentative map or Town of Yountville General Plan, Master Utility Plan, or Town ordinance, together with, but not limited to the following, shall be required of all subdivisions.
2. 
Requirements for construction of on-site and off-site improvements for subdivisions of four or less 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.
B. 
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. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in run-off attributed to the development; offsite storm drain improvements may be required to satisfy this requirement.
C. 
Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.
D. 
Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.
E. 
Utilities.
1. 
All proposed utilities within and adjacent to the subdivision, including, but not limited to, electric, communication and cable television lines shall be placed underground except:
a. 
Facilities exempted by the Public Utilities Commission;
b. 
Poles supporting only street lights;
c. 
Surface-mounted transformer, pedestal-mounted terminal boxes, meter cabinets and concealed ducts, in commercial subdivisions only;
d. 
High voltage transmission lines transmitting electricity of 50,000 volts or more.
For the purpose of this subsection, utilities shall be considered adjacent to the subdivision if located between the subdivision boundary and the right-of-way line(s) opposite the subdivision.
2. 
Electrical transformers in or as a part of residential subdivisions shall be placed underground.
3. 
No additional poles shall be installed outside of the subdivision in order to comply with this section unless specifically approved by the Town Manager.
4. 
The services to existing structures within the subdivision and all new transmission, distribution and service lines shall be placed underground and existing utility poles shall be relocated as necessary. Upon request by a subdivider, the Town Manager may allow overhead services to existing structures to remain overhead in residential parcel maps if the Manager finds that:
a. 
Undergrounding of the utility services will place an undue burden on the existing property owner; or
b. 
The visual burden of leaving the utility service lines above ground will not be significant.
5. 
Connections for all utility lines placed under streets shall be extended to the right-of-way line, and their location shall be marked upon the curb or sidewalk. All such lines shall be installed prior to final street paving.
6. 
In the event that there are existing overhead utility lines along primary streets either within or adjacent to the subdivision, the subdivider shall pay an in-lieu fee or place the utilities underground in accordance with Chapters 13.48 and 13.50 of the Town Code.
F. 
Water Conservation. Impacts on public services, specifically water supplies and sewerage shall be reduced by incorporation of water conservation devices into all structures and irrigation systems.
G. 
Right-of-Way—Landscaping. Street trees and landscaping shall be provided in all public rights-of-way, and in all dedicated streets in all subdivisions as specified by the Town Council.
(Ord. 214-90 § 8.2; Ord. 275-97)
A. 
Subdivisions of Four or Less Parcels.
1. 
The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the Town Council. Deferral will be allowed when the Town Council finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the Town for the installation of all frontage improvements at such time in the future as required by the Town. The agreement shall provide:
a. 
That construction of said improvements shall commence within 90 days of the receipt of the notice to proceed from the Town;
b. 
That in event of default by the owner, his or her successors or assigns, the Town is hereby authorized to cause said construction to be done and charge the entire cost and expense to the owner, his or her successors or assigns, including interest from the date of notice of said cost and expense until paid;
c. 
That this agreement shall be recorded in the County Recorder's Office at the expense of the owner and shall constitute notice to all successors and assigns of the title to said real property of the obligation herein set forth, and shall also constitute a lien in such amount as will fully reimburse the Town, including interest as hereinabove set forth, subject to foreclosure in event of default in payment;
d. 
That in event of litigation occasioned by any default of the owner, his or her successors or assigns, the owner, his or her successors or assigns agree to pay all costs involved, including reasonable attorneys' fees, and that the same shall become a part of the lien against said real property;
e. 
That the term "owner" shall include not only the present owner but also his or her heirs, successors, executors, administrators, and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with said real property and constitute a lien there against.
2. 
The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable articles of the Municipal Code in effect at the time of construction.
(Ord. 214-90 § 8.3)
Where remainders are made part of a final or parcel map, the Town may enter into an agreement with the subdivider 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 parcel. Said improvements shall be at the developer's expense. In the absence of such an agreement, the Town may require fulfillment of such construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
A. 
The public health and safety; or
B. 
The required construction is a necessary prerequisite to the orderly development of the surrounding area.
(Ord. 214-90 § 8.4)
A. 
General. The design and layout of all required improvements both on-site and off-site, private and public, shall conform to Town of Yountville General Plan, Master Utility Plan, Town ordinances, Town subdivision standards, generally acceptable engineering standards, and to such standards as approved by the Town Engineer.
B. 
Protection of Views. Each subdivision shall be designed to protect, to the extent feasible, existing views; the lot and building layout shall maximize the view for each unit.
C. 
Energy Conservation.
1. 
The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
2. 
Examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade and/or prevailing breezes.
3. 
In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.
4. 
The requirements of this subsection do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.
D. 
Protection of Solar Access.
1. 
Approval of subdivision tentative maps may be conditioned on the inclusion of restrictions or easements in the deed of each lot or parcel that state that no construction or vegetation built or allowed to grow on any parcel in the subdivision will result in preventing unobstructed sunlight from reaching south-facing glass and solar energy systems on adjacent lots.
2. 
In establishing such easements consideration shall be given to feasibility, contour, and configuration of the parcel to be divided.
Further, such easements shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.
3. 
Restrictions Binding on Successors in Interest. Unless extinguished or modified as provided below, the covenants and restrictions herein are for the benefit of the land and shall be binding on all owners, both present and future.
4. 
Extinguishment or Modification of Restrictions. The owner of any benefited property may grant to the owner or owners of any burdened properties the right to partially or wholly impede the passage of direct sunlight within a building envelope. Such a modification or extinguishment of the restriction on use of the burdened property shall be made of record in the Office of the County Recorder of the County of Napa and shall thereafter be binding on future owners of the properties.
5. 
Property owners may encroach upon their own solar rights.
6. 
The requirements of this section are not applicable to condominium projects that consist of the subdivision of airspace in an existing building where no new structures are added.
(Ord. 214-90 § 8.5)
A. 
The subdivision shall abut upon or have an approved access to a public street.
B. 
Each unit or lot within the subdivision shall have an approved access to a public or private street.
C. 
Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.
D. 
Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the Town when required.
(Ord. 214-90 § 8.6)
A. 
General.
1. 
Improvement plans shall be prepared under the direction of and signed by a Registered Civil Engineer licensed by the State of California.
2. 
Improvement plans shall include but not be limited to grading, storm drains, landscaping, streets, and related facilities.
B. 
Form.
1. 
Plans, profiles and details shall be legibly drawn, printed or reproduced on 24-inch by 36-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 inches on the left side.
2. 
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 Town Engineer and for approval of plan revisions.
3. 
Plan and profiles shall be drawn to the scale of one inch to 40 feet or larger unless approved by the Town Engineer. 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.
4. 
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 Town Engineer.
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, storm drains, index and vicinity map shall be included.
9. 
The form of all plans shall conform to such additional requirements as may be established by the Town Engineer. The Town Engineer may require the subdivider to provide additional drawings in scales compatible with Town Master Maps and Drawings. The final form of all plans shall be as approved by the Town Engineer.
C. 
Contents.
1. 
The improvements plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private (including common areas).
2. 
Reference may be made to Town of Yountville, Napa County, or State Standard Plans in lieu of duplicating the drawing thereon.
D. 
Supplementary Plans and Calculations. Water supply, hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required, shall be submitted with the improvement plans to the Town Engineer. 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 as approved by the Town Engineer.
E. 
Review by the Town Engineer. The subdivider shall submit in number as specified by the Town Engineer, sets of improvement plans and copies of all computations to the Town Engineer for review. Upon completion of his or her review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer.
F. 
Approval by the Town Engineer.
1. 
After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the Town Engineer for his or her signature.
2. 
Upon finding that all required revisions have been made and that the plans conform to all applicable Town ordinances, design review requirements, and conditions of approval of the tentative map, Town Engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer. Mylar copies shall be submitted to the Town Engineer.
3. 
Approval by the Town Engineer shall in no way relieve the subdivider or his or her engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.
(Ord. 214-90 § 8.7)
A. 
By Subdivider. Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the Town Engineer or appointee and shall be accompanied by two sets of revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the Town Engineer's office for initialing. The originals shall be returned to the subdivider's engineer and, as specified by the Town Engineer, sets of the revised plans shall be immediately transmitted to the Town Engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved by the Town Engineer.
B. 
By Town Engineer. When revisions are deemed necessary by the Town Engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and his or her engineer. The subdivider's engineer shall revise the plans and transmit the originals to the Town Engineer for initialing within such time as specified by the Town Engineer. Upon receipt of the initialed original, the subdivider's engineer shall immediately transmit, as directed by the Town Engineer, sets of revised drawings to the Town Engineer. Construction of all or any portion of the improvements may be stopped by the Town Manager until revised drawings have been submitted.
(Ord. 214-90 § 8.8)
The agreement shall be prepared and signed by the Town Engineer and approved as to form by the Town Attorney. The agreement shall provide for:
A. 
Construction of all improvements per the approved plans and specifications;
B. 
Completion of improvements within the time specified;
C. 
Right by Town to modify plans and specifications;
D. 
Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;
E. 
Payment of inspection fees in accordance with the Town's resolution establishing fees and charges;
F. 
Payment of in-lieu fees for undergrounding of utilities on peripheral streets; payment of in-lieu fees for park land dedication;
G. 
Payment of drainage district or area fees;
H. 
Improvement security as required by this chapter;
I. 
Maintenance and repair of any defects or failures and causes thereof;
J. 
Release of the Town from all liability incurred by the development and payment of all reasonable attorneys' fees that the Town may incur because of any legal action arising from the development;
K. 
Any other deposits, fees, or conditions as required by Town ordinance or resolution and as may be required by the Town Engineer.
(Ord. 214-90 § 8.9)
A. 
General.
1. 
Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code and as provided herein.
2. 
No final map or parcel map shall be signed by the Town Engineer or recorded until all improvement securities required by this section have been received and approved.
B. 
Form of Security.
1. 
The form of security shall be one, or the combination of, the following at the option and subject to the approval of the Town:
a. 
Bond or bonds by one or more duly authorized corporate surety;
b. 
A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the Town, of money or negotiable bonds of the kind approved for securing deposits of public moneys;
c. 
An instrument of credit or a set aside letter 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.
2. 
The provisions of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the State Subdivision Map Act.
C. 
Amount of Security.
1. 
A performance bond or security in the amount of 100% of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 100% of the estimated construction 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 of and/or installation of improvements. A maintenance bond not less than 10% shall be given to the Town for one year after acceptance of the improvements.
2. 
The estimate of improvement costs shall be as approved by the Town Engineer and shall provide for:
a. 
Not less than 10% of the total construction cost for contingencies;
b. 
Increase for projected inflation computed to the estimated midpoint of construction;
c. 
All utility installation costs or a certification acceptable to the Town Engineer from the utility company that adequate security has been deposited to ensure installation;
d. 
In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligation secured.
D. 
Equipment Security. Upon acceptance of the subdivision improvements by the Town Council, the subdivider shall provide security in the amount as required by the Town Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than 50% of the cost of the construction of the improvements, including the cash bond that shall be retained for the one-year warranty period.
E. 
Release of Improvement Securities.
1. 
Performance Security. The performance security shall be released only upon acceptance of the improvements by the Town Council and when an approved equipment security has been filed with the Town Manager.
2. 
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 completion and acceptance of the improvements by the Town Council, be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the Town Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
3. 
Equipment Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:
a. 
All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected;
b. 
No less than 12 months have elapsed since the acceptance of the improvements by the Town Council.
(Ord. 214-90 § 8.10)
The construction methods and materials for all improvements shall conform to the Standard Specifications of the Town of Yountville as adopted by Council Resolution. The General Provisions of the Town's Standard Specifications shall apply to the developer where applicable. Construction shall not commence until required improvement plans have been approved by the Town Engineer.
(Ord. 214-90 § 8.11)
A. 
General. All improvements are subject to inspection by the Town Engineer or authorized personnel in accordance with the Town's Standard Specifications.
B. 
Final Inspection and Deficiency List.
1. 
Upon completion of the subdivision improvements, the developer shall apply in writing to the Town Engineer for a preliminary final inspection. The Town Engineer or authorized representative shall schedule a preliminary final inspection.
2. 
A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the Town Engineer or authorized representative.
3. 
When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.
4. 
Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The Town Engineer or authorized representative shall then make a final inspection.
5. 
Upon the correction of all items on the deficiency list and reception of "as built" improvement plans, the subdivision shall be placed on the Council agenda for acceptance.
6. 
The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.
(Ord. 214-90 § 8.12)
A. 
Major Subdivisions (Five or More Parcels).
1. 
The subdivision improvements shall be completed by the developer within 12 months or such time as approved by the Town Manager, not to exceed a period of 24 months, from the recording of the final map, unless an extension is granted by the Town Council.
2. 
Phasing of site improvements consisting of, but not limited to, development and completion of all streets and street connections, roadways, curbs, gutters, sidewalks, street lighting systems, retaining walls, water, sewer, storm drainage and detention systems, undergrounding of public utilities, and other elements in accordance with the General Plan and Master Utility Plan shall be completed prior to the specific development of any area of a subdivision. This shall include landscaping the roadways, buffer zones, detention ponds and the necessary irrigation and fire flow systems. (This provision is not to prevent the developer from proceeding with development of buildings on the projects but rather is to assure that the infrastructure necessitated by engineering, planning, and the general plan is in place prior to the issuance of certificates of completion and occupancy.)
3. 
Should the subdivider fail to complete the improvements within the specified time, the Town may, by resolution of Council 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 therefor.
B. 
Minor Subdivisions (Four or Less Parcels).
1. 
Completion of improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.
2. 
The completion of the improvements may be required by a specified date by the Town when the completion of such improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the Town Manager or authorized representative. Such specified date, when required, shall be stated in the subdivision improvement agreement.
(Ord. 214-90 § 8.13)
A. 
The completion date may be extended by the Town Council for subdivision of five or more parcels and by the Town Manager for subdivision of four or less parcels upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement.
B. 
The subdivider shall enter into a subdivision improvement agreement extension with the Town. If the subdivision is of five or more parcels, the agreement shall be prepared and approved as to form by the Town Attorney, executed by the subdivider and transmitted to the Town Council for their consideration. If approved by the Town Council, the Mayor shall execute the agreement on behalf of the Town.
C. 
In consideration of a subdivision improvement extension agreement, the following may be required:
1. 
Revision of improvement plans to provide for current design and construction standards when required by the Town Engineer;
2. 
Revised improvement construction estimates to reflect current improvement costs as approved by the Town Engineer;
3. 
Increase of improvement securities in accordance with revised construction estimates;
4. 
Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.
D. 
The Town Council may impose additional requirements as recommended by the Town Manager or as it may deem necessary as a condition to approving any time extension for the completion of improvements.
E. 
The costs incurred by the Town in processing the agreement shall be borne by the developer at actual cost or as determined by resolution of the Town Council.
(Ord. 214-90 § 8.14)
A. 
General.
1. 
When all improvement deficiencies have been corrected and as built improvement plans filed, the subdivision improvements shall be considered by the Town for acceptance. Subdivisions of five or more parcels must be accepted by the Town Council. The Town Manager or authorized representative shall be responsible for acceptance of subdivisions of four or less parcels.
2. 
Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
(Ord. 214-90 § 8.15)
If the subdivision has been accepted by the Town, the Town Clerk shall cause to be filed with the County Recorder a notice of completion.
(Ord. 214-90 § 8.16)
A. 
When requested by the subdivider in writing, the Town may consider acceptance of a portion of the improvements as recommended by the Town Manager. The improvements will be accepted by the Town only if it finds that it is in the public interest and such improvements are for the use of the general public.
B. 
Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this chapter.
(Ord. 214-90 § 8.17)