A.
The
subdivider shall construct or install all improvements in streets,
alleys, pedestrian ways, channels, easements, biking and golf paths
when required, and other rights-of-way as are necessary for the general
use of residents of the subdivision, whether created by a parcel map
or final map, and to meet all local traffic and drainage needs in
accordance with the provisions of this chapter.
B.
All
improvements shall be designed and constructed in accordance with
the most current improvement standards.
(Ord. 2747 § 1, 1993)
A.
Improvement
plans shall be prepared by or under the direction of a registered
civil engineer and shall show full details of all improvements required
to be installed by the provisions of this title, and of all other
improvements proposed to be installed by the subdivider within any
street, alley, pedestrian way, easement or other public area or right-of-way.
Full details shall include cross sections, profiles, estimated costs
and specifications.
B.
The
form, layout, scale and other particulars of the plans, and the number
of copies to be provided, shall be in accordance with the requirements
of the city engineer.
(Ord. 2747 § 1, 1993)
Improvement plans shall have been approved by the city engineer
prior to the commencement of construction or installation of any improvements
within any street, alley, pedestrian way, easement or other public
area or right-of-way.
(Ord. 2747 § 1, 1993)
A.
Improvements
shall be constructed and installed in accordance with the approved
plans and in accordance with the applicable standards, specifications
and permit procedures established by this title.
The general plan, any applicable specific plan, the Zoning Ordinance,
the Roseville Municipal Code, and the most current improvement standards.
B.
Improvements
shall be constructed and installed to permanent line and grade satisfactory
to the city engineer.
(Ord. 2747 § 1, 1993)
In all portions of a subdivision, utility lines, including,
but not limited to, electrical, natural gas, telephone, cable television
and street lighting service lines, shall be placed underground; provided,
however, that incidental, appurtenant equipment such as transformers,
terminal boxes and meter cabinets may be placed above ground.
(Ord. 2747 § 1, 1993)
In addition to permanent improvements, temporary improvements
may be required to be made prior to, or concurrent with, permanent
improvements.
(Ord. 2747 § 1, 1993)
A.
All
improvements shall be constructed under the inspection of the city
engineer, and the subdivider shall cause all such improvement work
to be inspected at all times as the city engineer may establish.
B.
The
subdivider shall pay a non-refundable plan check and inspection fee
as established by resolution of the city council.
(Ord. 2747 § 1, 1993)
All work and improvements contemplated by the provisions of
this title shall be accomplished to minimize interference with and
coordinate with other construction and/or development activities,
by or on behalf of, the city and nearby private development.
(Ord. 2747 § 1, 1993)
The improvements required by this chapter shall consist of all
of the following work, and such other work as may be required as a
condition of approval of a tentative map, in accordance with the city
improvement standards:
A.
Grade
and fill to approved grade, and construct all necessary grade crossings,
culverts, bridges and other related works;
B.
Construct
and install all drains, drainage facilities, channel improvements
and other drainage works required to provide adequate drainage for
the subdivision and to protect all lots from flood or overflow by
storm or floodwater in accordance with the approved plans for drains
and drainage works;
C.
Construct
and install concrete curbs, gutters and sidewalks;
D.
Install
or provide for the installation of water mains, sanitary sewer, storm
drains, necessary appurtenances, and all laterals required to serve
each lot;
E.
Relocate
or provide for the relocation of any underground or overhead utility,
including irrigation lines and traffic signal lines, the relocation
of which is necessitated by development of the subdivision;
F.
All
underground utilities, sanitary sewers, storm drains, and other facilities
installed in streets or alleys, shall be constructed prior to the
paving of each street or alley. Service connections for all underground
utilities and sanitary sewers shall be laid to such lengths as will
obviate the necessity for disturbing the street or alley improvements
when service connections thereto are made;
G.
Install
asphaltic concrete pavement, base material, and seal coat in all existing
or dedicated streets, or portions thereof;
H.
Install
Portland cement concrete sidewalks; install Portland cement concrete
or asphaltic concrete pavement in all existing or dedicated alleys;
and install Portland cement concrete pavement for pedestrian ways
and bikeways; provided, however, pedestrian ways and bikeways may
be improved with asphaltic concrete pavement with the consent of the
city engineer;
I.
Install
or provide for the installation of street lighting facilities of approved
design and illumination in the locations and manner approved by the
electric utility director;
J.
Install
all required street signs, including temporary street name signs,
warning signs and devices and regulatory signs where required;
K.
Construct
and install street barricades, guardrails, retaining walls and safety
devices, where required;
L.
Construct
such acceleration and deceleration lanes and traffic channelization
devices in streets as are deemed necessary by the city engineer;
M.
Where
any boundary line of a residential subdivision is adjacent to or across
a public street, alley or pedestrian way from an open and unfenced
canal, railroad, quarry, airport or other hazardous facility, construct
a six-foot woven wire fence or masonry wall along such subdivision
boundary line, or construct the equivalent length of fence or wall
along the nearest right-of-way line of such canal, channel, railroad,
quarry, airport or other hazardous facilities;
N.
A sound-reduction
barrier shall be constructed along any portion of a subdivision which
abuts upon a freeway, or officially adopted freeway route, an arterial
or selected arterial route, collector or collector route, or other
actual or potential noise-generating sources specified in the general
plan or any specific plan. The barrier shall be designed in accordance
with the improvement standards and any related specific plan design
guidelines;
O.
Metal
posts or other facilities designed to inhibit the passage of vehicles
through the pedestrian ways shall be installed in accordance with
the improvement standards;
P.
Where
required, golf cart or biking paths shall be improved with adequate
fencing designed in accordance with the improvement standards.
(Ord. 2747 § 1, 1993)
As a condition of approval of a tentative map, it may be required
that improvements installed by the subdivider for the benefit of the
subdivision be of a supplemental size, capacity or number for the
benefit of property not within the subdivision, and that the improvement
be dedicated to the public. If such condition is imposed, provision
for reimbursement to the subdivider, in the manner provided by Section
66486 of the Subdivision Map Act, shall be contained in the subdivision
improvement or reimbursement agreement.
(Ord. 2747 § 1, 1993)
If the required improvements are not satisfactorily completed
before a final map or parcel map is filed with the city engineer,
the subdivider shall enter into an agreement with the city to make
all improvements as may be required upon approval of such map.
(Ord. 2747 § 1, 1993)
A.
The
improvement agreement shall be in writing, shall be approved as to
form by the city attorney, and shall be secured and conditioned as
provided in this chapter. The agreement shall be recorded simultaneously
with the final map or parcel map.
B.
The
improvement agreement shall be complete, subject to council approval,
and on file with the city engineer before the final map or parcel
map is accepted for approval. The term of each improvement agreement,
filed pursuant to the provisions of this section, shall begin on the
date of filing and end upon the date of completion or fulfillment
of all terms and conditions contained therein, to the satisfaction
of the city engineer.
(Ord. 2747 § 1, 1993)
Said agreement shall include the following provisions as minimum
terms and conditions of the agreement:
A.
Mutually
agreeable terms to complete all required improvements at the subdivider's
expense;
B.
A provision
that the subdivider shall comply with all requirements of this title,
of the Roseville Municipal Code, and of other applicable laws, and
with all terms and conditions of required improvement permits;
C.
A statement
indicating a period of time, satisfactory to the city engineer, within
which the subdivider shall complete all improvement work;
D.
A provision
that, if the subdivider fails to complete the work within the specified
period of time, or any extended period of time that may have lawfully
been granted to the subdivider, the city may, at its option, complete
the required improvement work and the subdivider and his surety shall
be firmly bound, under a continuing obligation for payment of the
full cost and expense incurred or expended by the city in completing
such work;
E.
Provision
for the repair and replacement of defective material and workmanship
of said improvements by the subdivider for a period of 12 months after
the improvement acceptance date;
F.
A provision
guaranteeing payment to the city for all engineering and inspection
costs and fees not previously paid and all other incidental costs
incurred by the city in enforcing the agreement.
(Ord. 2747 § 1, 1993)
The improvement agreement may also include the following provisions
and such other additional terms and conditions as may be required
upon approval of the tentative map, or as are determined necessary
by the city engineer to carry out the intent and purposes of these
regulations:
A.
Provision
for the repair, at the subdivider's expense, of any damage to public
streets which may reasonably be expected to result from hauling operations
necessary for subdivision improvements required by these regulations,
including the importing or exporting of earth for grading purposes;
B.
Mutually
agreeable terms to acquire public easements which are outside the
boundaries of the subdivision, at the subdivider's expense;
C.
Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; and providing, that such improvements shall be secured by separate cash bond in the manner prescribed by Section 18.20.160 et seq.; and further providing, that the requirements of this provision shall not delay the release of any other improvement security provided pursuant to Section 18.20.190 et seq.;
D.
Provision
for reimbursement to be paid the subdivider under the provisions of
Section 66486 of the Subdivision Map Act;
E.
Provision
for the setting of required monuments after the recordation of the
final map or parcel map.
(Ord. 2747 § 1, 1993)
A.
General.
An improvement agreement, contract, or act required or authorized
by the Subdivision Map Act or this title for which security is required
shall be secured in accordance with Section 66499, et seq., of the
Subdivision Map Act as provided in this section.
B.
Amount
of Security.
1.
The
subdivider shall provide a performance bond or other security in the
amount of 100 percent of the total estimated construction costs to
guarantee the construction or installation of all improvements. An
additional amount of 100 percent of the estimated construction costs
shall be required to guarantee payment to the subdivider's contractor,
subcontractors, and to persons furnishing labor, materials, or equipment
for the construction or installation of improvements. As 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 attorney's fees, incurred by the city
in enforcing the obligations secured.
2.
The
estimate of improvement costs shall be as approved by the city engineer
and shall provide for, but not limited to:
(Ord. 2747 § 1, 1993)
The form of security shall be one or a combination of the following
at the option and subject to the approval of the city:
A.
A bond
by one or more duly authorized corporate sureties. The form of the
bond or bonds shall be in accordance with Sections 66499.1, 66499.2,
66499.3 and 66499.4 of the Subdivision Map Act;
B.
A deposit,
either with the city or responsible escrow agent or trust company,
at the option of the city, of money or negotiable bonds of the kind
approved for securing deposit of public monies;
C.
An
irrevocable letter of credit from one or more financial institutions
regulated 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 and will only be released upon receipt of written instruction
from the city. The form of the letter must be approved by the city
attorney;
D.
An
instrument of credit from an agency of the state, federal, or local
government for which said agency provides at least 20 percent of the
financing of the portion of the project requiring security;
E.
Any
other comparable form of security, acceptable to the city, as provided
in Section 66499 of the Subdivision Map Act.
(Ord. 2747 § 1, 1993)
Upon acceptance of the subdivision improvements by the city,
the subdivider shall provide security in the amount as required by
the city engineer, but in no case less than 10 percent of the total
cost of improvements, to guarantee the improvements against any defective
work or labor done or defective materials used in the performance
of the improvements throughout the warranty period. The warranty period
is one year following completion and acceptance of the improvements,
unless a longer warranty period is required by the city engineer.
At the discretion of the city, the city may retain the improvement
security for warranty security.
(Ord. 2747 § 1, 1993)
The liability upon the security given for the faithful performance
of the agreement shall include the performance of the changes or alterations
in the work.
(Ord. 2747 § 1, 1993)
If the required subdivision improvements are financed and installed
pursuant to special assessment proceedings, upon the furnishing by
the contractor of the faithful performance and payment bond required
by the special assessment act being used, the improvement security
of the subdivider may be reduced by the city engineer by an amount
corresponding to the amount of such bonds furnished by the contractor.
(Ord. 2747 § 1, 1993)
A.
The
improvement security may be released upon the final completion and
acceptance of the work; provided, however, such release shall not
apply to the required guaranty and warranty period, nor to the amount
of security deemed necessary by the city engineer for such guaranty
and warranty period, nor to costs and reasonable expense fees, including
reasonable attorney's fees.
B.
The
city engineer shall accept and certify to the satisfactory completion
of improvement work prior to any release of improvement security covering
such work. The certificate of completion signed by the city engineer
shall authorize the release of the improvement security in the manner
provided by law.
(Ord. 2747 § 1, 1993)
No building permit or other similar entitlement shall be issued
for the development of any lot within a subdivision until all required
improvements are deemed "substantially complete" by the city engineer.
Improvements shall be deemed substantially complete when all required
subdivision improvements have been installed, with the exception of
minor corrections which do not pose a safety hazard.
(Ord. 2747 § 1, 1993)
An exception to Section 18.20.210 may be made for the issuance of building permits for lots which have been approved for model homes pursuant to the Zoning Ordinance. In such instances, building permits for model homes may be issued if the following criteria are satisfied:
A.
The
pad grades have been certified by a registered civil engineer or a
licensed land surveyor and approved by the city engineer for the model
home lots; and
B.
All
property corners for each of the model home lots shall be staked with
permanent markers to the satisfaction of the city engineer; or as
an alternative, curb and gutter, and sidewalk if it is poured monolithically,
have been installed to the satisfaction of the city engineer; and
C.
Access
to the model homes from future streets within the subdivision or from
an approved alternative access does not cross the alignment of any
future utility to be installed with the subdivision improvements,
as determined by the city engineer; and
D.
Fire
hydrants are located within 500 feet of all combustible materials
and are capable of delivering adequate fire flows to the satisfaction
of the fire marshal; and
E.
All
utilities, utility crossings and utility extensions to each model
home lot, located within the roadway and/or within the public utility
easement (PUE), shall be installed. All utility water valves and manholes
shall be raised and paved. Utilities include, but are not limited
to: natural gas, electric, cable, telephone, water, sewer and storm
drain; and
F.
For
every issuance of model permits access to the model homes must be
paved and connected to a maintained public street to the satisfaction
of the city engineer.
G.
If
the subdivider intends to obtain an alternative access to the model
homes from an adjacent maintained public street, then the subdivider
shall obtain an encroachment permit from the city engineer.
The city engineer may require all work and construction on the
model homes to cease at any time until all or additional portions
of the subdivision improvements are finished, in order to protect
the health, safety or welfare of the public.
(Ord. 2747 § 1, 1993.; Ord. 3732 § 6, 2001; Ord. 5946 § 1, 2018)
