A. 
The subdivider shall grant easements for underground wire lines at all lots except where alleys are provided and in contiguous locations to permit anchorage line continuity and ingress and egress, for ex-tension of sewer, drainage, or utility lines.
B. 
Easements not less than ten feet wide shall be required on the front property line and, where necessary as determined by the city engineer, along side and rear lot lines for poles, underground utilities, cables, wires, drainage, conduit and water mains or other utilities. In condominium or other optional design subdivisions easements of varying widths and locations, upon recommendation of the city engineer, may be approved by the planning commission.
C. 
Where streets are less than fifty feet in width, additional easements for planting shall be required.
D. 
Dedication of easements shall be to the city for the purpose of installing utilities, planting strips and for other public easements.
E. 
The subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements pursuant to Map Act Section 66475. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.
All dedications of property to the city for public purposes may be made in fee title, and that, at the city's discretion, a grant of an easement may be accepted for open space, scenic, trails, parks, and/or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the city finds would not conflict with the intended use. The city may accept an irrevocable offer of dedication in lieu of dedication. Environmental studies and clearances my be required at the expense of the developer.
The subdivider, as a condition of approval of a tentative map, may be required to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities (e.g., shelters, bus turn outs, etc.), pursuant to Map Act Section 66475.2.
As required by Map Act Section 66475, regarding dedication of roadways to the public, the subdivider shall also dedicate additional land as may be necessary and feasible to provide bicycle paths and pedestrian paths for the use and safety of the residents of the subdivision, if the subdivision contains two hundred or more parcels in all phases of the proposed development, pursuant to Map Act Section 66475.1.
(Ord. 08-01 §1, 2008)
The planning commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights, either vehicular, pedestrian, or both, to such street from any property shown on a final map as abutting thereon, and that if the dedications accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.
(Ord. 08-01 §1, 2008)
A. 
Requirements. As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Waterford unified school district shall dedicate to the school district such lands as the council shall deem to be necessary to assure the residents of the subdivision adequate school service. The dedication and subsequent repayment to the subdivider shall comply with the provisions of Map Act Section 66478.
B. 
Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within a time period set forth in state law after the requirement of dedication is imposed by the city, the Waterford unified school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall automatically be terminated. The required dedication shall be made any time before, or concurrently with the filing of the final map for any portion of the subdivision.
C. 
Payments to Subdivider. The Waterford unified school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus the sum equal to the total of the following amounts:
1. 
The cost of any improvements to the dedicated land since acquisition by the subdivider;
2. 
The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;
3. 
Any other reasonable direct costs incurred by the subdivider in maintenance of such dedicated land but not including real estate or holding costs, loan or interest fees and similar costs;
4. 
Nothing in these provisions applies to un-reimbursed dedications of land to the school district.
D. 
Exemptions. The provisions of this title shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.
(Ord. 08-01 §1, 2008)
A. 
Requirements. As a condition of approval of a map, the subdivider shall reserve sites appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section in accordance with the provisions of Section 66479 of the Subdivision Map Act.
B. 
Standards and Formula for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the city council to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the above-specified plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
C. 
Procedure. The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.
D. 
Payment. The purchase price shall be the market value thereof at the time of the filing of the ten-tative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider on the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.
E. 
Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.
(Ord. 08-01 §1, 2008)
A. 
General. The purpose of this section is to provide additional park and recreational facilities and open space. The park and recreational facilities for which payment of a fee and/or dedication of land is required by this section shall be in compliance with the policies, goals and standards contained in the parks, recreation element of the general plan and applicable fee studies and implementing regulations adopted pursuant to these plans, policies and studies.
B. 
Requirements. The subdivider, as a condition of approval of a tentative map, shall pay a fee in lieu, dedicate land, or both, at the discretion of the council for park and/or recreational purposes, pursuant to Map Act Section 66477.
C. 
Park Area Standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five acres of land for each one thousand persons residing within the city be devoted to public park and recreational purposes consistent with the park standards set forth in the city of Waterford's general plan. Lands held as public open space, for wildlife habitat, shall not be included in this formula.
D. 
Park and Recreation Construction Fee. A park and recreation construction fee shall be assessed for any mobile home lot or residential dwelling unit constructed in the city. Any person securing a building permit to construct a residential dwelling unit, or to install electrical and/or plumbing equipment to provide service to a mobile home shall pay parks and recreation facilities construction fee in accordance with the standards established in the parks and recreation master plan and fees established by the city council in accordance with that plan.
E. 
General Plan. Where a public park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined by the city in accordance with the requirements of state law.
If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the subdivider shall, pursuant to council determination, pay a fee in lieu of or dedicate land in compliance with this title and all policies, standards, plans established by the city for the purposes of providing parks and recreation facilities and programs in the city of Waterford.
F. 
Determination of Land or Fee. The council shall consider the following when evaluating the payment of fee in lieu of or the acceptance of land for dedication, or a combination of both.
1. 
Parks and recreation standards and related provisions of the general plan;
2. 
Topography, geology, access and location of land in the subdivision suitable for dedication and readily accessible to the public for public use;
3. 
Size and shape of the subdivision and land suitable for dedication;
4. 
Feasibility of dedication; and
5. 
Availability of previously acquired private property.
G. 
Payment of Park and Recreation Construction Fee. The fee required by this section shall be due and payable upon the issuance of a building permit for either construction of any residential dwelling unit, or installation of electrical and/or plumbing equipment to provide service to a mobile home. A refund of this fee may be made to the person who paid the fee in the event the building permit expires, pursuant to the Uniform Building Code less any applicable city direct applicable acquisition planning, improvement and legal costs and indirect administrative costs.
H. 
Use of Fees. All park and recreation construction fees collected pursuant to the provisions of this chapter shall be placed into a special fund which shall be known as the park and recreation construction fee fund. The fund shall be composed of a separate revenue and expense account. Fees collected pursuant to this chapter shall be deposited in the revenue and expense account called park and recreation construction fee fund, and shall be used solely for the acquisition, improvement and expansion of the public park, playground and recreational facilities of the city, and for the installation and development of playground and recreational facilities owned by the elementary and high school districts provided these facilities and improvements are accessible to the public outside of the school operating hours.
I. 
Credits for Land and Improvements Dedication. In lieu of the payment of all or portion of the park and recreation construction fee, the council may grant credit for land and improvements which are dedicated in fee to public recreation and park purposes and accepted by the city. Dedicated land to be eligible for the credit shall be certified by the commission as meeting the requirements of the recreation element and the city of Waterford parks and recreation master plan. The amount of dedicated land eligible for the credit, the amount of credit to be given under this section, and the terms and conditions of the credit, if any, between the city and the dedicator shall be determined by mutual agreement.
J. 
Subdivision Not Within City Limits. When the proposed subdivision lies within the sphere of influence of the city, and the subdivider intends to annex, the subdivider shall pay a fee in lieu thereof, dedicate land, or both in compliance with adopted park and recreational principles and standards of the city's general plan, and pursuant to the provisions of Waterford Municipal Code.
(Ord. 08-01 §1, 2008)
As a condition of approval of any tentative subdivision map or any tentative parcel minor land division map, the city shall require that the applicants authorized to sign on the face of the final map shall petition to the city council for the formation of an assessment or maintenance district for the purpose of providing parks and recreational improvements to the dedicated land or payment of fees in lieu thereof, or condition of both, for parks and recreational purposes.
(Ord. 08-01 §1, 2008)
A. 
Prior to the approval of any tentative map or parcel map, a developer shall declare their intention to petition the city for the establishment of any of the following:
1. 
A special assessment district under the Improvement Act of 1911;
2. 
A special assessment district under the Municipal Improvement Act of 1913;
3. 
A special assessment district under the Mello-Roos Community Facilities Act of 1982;
4. 
California Streets and Highways Code Section 10000 et seq.;
5. 
The Improvement Bond Act of 1915;
6. 
California Streets and Highways Code Section 8500; or
7. 
Any similar facilities improvement or maintenance assessment district or community services assessment district.
B. 
Even if a special assessment district or similar financing arrangement is proposed, the subdivider shall still be required to post the necessary public improvement bonds necessary for the completion of the required public improvements in accordance with Sections 16.12.050 and 16.12.060.
C. 
Prior to approval of said map, and commitment on the part of the city to proceed with the establishment of the requested district organization, the developer shall provide the city with necessary financial information, as required by the city manager and finance officer, to provide reasonable assurance that the city's financial interests are protected. Financial information shall be prepared by an independent expert qualified to prepare such documentation and shall include, at a minimum:
1. 
A market study of the proposed development stating forecasted absorption rates, sales competition and market prices;
2. 
A project financial feasibility report.
D. 
Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from the local or neighborhood drainage areas, water and sanitary sewer facilities for local sanitary sewer areas established pursuant to Government Code.
(Ord. 08-01 §1, 2008)
The purpose of this section is to provide for improvements or the payment of fees to defray the actual or estimated cost of the construction of bridges over waterways, and highways and/or major thoroughfares as a condition of approval of a final map or as a condition of issuing a building permit, pursuant to Map Act Sections 66484 and 66489, consistent with the general plan and applicable specific plans.
A. 
Definitions. The following definitions apply specifically to this section:
Area of Benefit.
A specified area for which it has been determined that the real property located therein will benefit from the construction of a bridge and/or major thoroughfare.
Major Facilities.
Those situations identified in the circulation element requiring construction of, or addition to, a bridge spanning a waterway, railway, highway or that is part of a major thoroughfare.
Construction.
Design, acquisition of right-of-way administration of construction contracts, actual construction and inspection(s).
Major Thoroughfares.
A roadway designated as arterial, major or secondary highway, as identified in the circulation element, whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.
B. 
Establishment Procedures. Action to establish an area of benefit requiring the payment of fees outlined in this section shall be accomplished, pursuant to the provisions of Map Act Section 66484.
C. 
Amendments. Resolutions establishing areas of benefit may be amended by the council to reflect modifications in either bridge and/or major thoroughfare facilities. These amendments shall be adopted in the same manner as the original resolution.
D. 
Payment of Fees. Fees required pursuant to this section shall be paid prior to the recordation of a final or parcel map or as otherwise set forth in Chapter 3.60 of this code. These fees shall be based on the city's schedule of fees in effect on the date of payment as specified in Chapter 3.60 of Waterford Municipal Code.
E. 
In-Lieu Consideration. The council may approve the acceptance of consideration in lieu of payment of fees outlined in this section.
F. 
Reimbursement. If a subdivider, as a condition of approval of a tentative map, is required or desires to construct a bridge and/or major thoroughfare, the council may enter into a reimbursement agreement with the subdivider, to provide for payments to the subdivider from the applicable fund in accordance with the provision of Map Act Section 66485 and Waterford Municipal Code.
(Ord. 08-01 §1, 2008)
A. 
The owner of property serviced by a sewer, water or stormwater main extended by the owner three hundred feet or more beyond the existing sewer facilities as measured from the point of connection with such existing facilities to the point where the extension enters the lot, parcel or tract to be served by such line, may file with the city engineer, two copies of an audited report of the costs incurred for the sewer line extension and manhole construction (except laterals) as an application for the reimbursement of the costs. The reports shall be filed within ninety calendar days after written acceptance of such extension by the city. The city engineer shall review such documentation and shall within forty-five calendar days after acceptance of same, make a recommendation to the city manager that:
1. 
All or a portion of the costs be accepted or denied;
2. 
The city enter into a payback agreement with the owner or subdivider. The agreement shall provide that persons making connection to the line be assessed a fee on a pro-rata basis as determined by the frontage of the lot, parcel, or tract serviced by the line extension and, that all collected shall be paid to the original builder of the line. Any such agreement shall have a maximum term of ten years;
3. 
The owner is eligible to receive payment from the applicable sewer, water and/or storm drain construction fund of the allowed costs of the construction.
B. 
The recommendation of the city engineer shall be based upon the following criteria:
1. 
That the extension represents a logical and reasonable extension of the line;
2. 
Properties along the extension have a reasonable probability development within the ensuing ten years;
3. 
If there are sufficient unencumbered funds in the sewer line construction fund to finance the line;
4. 
The extension does not conflict with or delay the five-year sewer construction plan;
5. 
The extension is in compliance with the general plan; and
6. 
The owner is not receiving any other form of government financing including but not limited to inducement, reimbursement, or fee waiver for such development.
C. 
Based on the above, the city manager shall submit a recommendation to the council.
1. 
No reimbursement shall be made hereunder unless and until the city manager determines that the audited report and verified claim have been filed within the allotted time periods and are otherwise acceptable to the city.
2. 
No change in an area of benefit or no local benefit district shall be established unless and until a public hearing in accordance with the provisions of Map Act Section 66451.3 is held thereon by the city council, and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
3. 
In addition to the notice required by this title, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten calendar days prior to the date established for hearing.
4. 
If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, as provided in this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this title. The city may enter into reimbursement agreements with the subdivider who constructs said facilities, and charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.
(Ord. 08-01 §1, 2008)