(Ord. 1170, 1985)
See Section 17.04.030.H.
A.
A tentative
subdivision map and final map shall be required for all major subdivisions
except where:
1.
The
land before divisions contains less than five acres, each parcel created
by the division abuts upon a maintained public street or highway and
no dedications or improvements are required, or
2.
Each
parcel created by the division has a gross area of 20 acres or more
and has an approved access to a maintained public street or highway,
or
3.
The
land consists of a parcel or parcels of land having approved access
to a public street or highway which comprises part of a tract of land
zoned for industrial or commercial development, and which has the
approval of the Board of Supervisors as to street alignments and widths,
or
4.
Each
parcel created by the division has a gross area of not less than 40
acres or is not less than a quarter of a quarter section.
B.
Powers
and Duties of the Planning Department and the Planning Commission.
1.
The
Merced County Planning Department is hereby designated as the Advisory
Agency as referred to in the Subdivision Map Act, and is authorized
and required to investigate and report on the design and improvements
of the proposed subdivision; and is hereby required to recommend approval,
modification, or disapproval of the application to the Planning Commission.
The Planning Department's recommendation shall include findings as
to the subdivisions consistency with applicable General Plan policies
and County ordinances with appropriate conditions in accordance with
the provisions of this code and the Subdivision Map Act.
C.
Extensions
and/or Amendments to a Tentative Subdivision Map.
1.
Extensions:
A written request for an extension of the approved or conditionally
approved tentative subdivision map for a period or periods of up to
three additional years must be submitted to the Planning Department
prior to any expiration date, or as otherwise provided for in the
Subdivision Map Act. The extension may be approved by the Planning
Commission at a public hearing. Said hearing shall be conducted in
the same manner as required for the original approval of the tentative
subdivision map.
2.
Amendments:
Amendments to tentative subdivision maps and associated conditions
shall be considered by the Commission at a public hearing. Said hearing
shall be conducted in the same manner as required for the original
approval of the tentative subdivision map, except that minor amendments
to a tentative subdivision map may be approved by the Planning Director
at a public hearing. Minor amendments are those amendments which are
of a technical nature as distinguished from one of a substantive nature.
D.
Conformance
with the General Plan and Zoning Regulations.
1.
All
tentative subdivision and final maps shall be designed to conform
with all applicable provisions of the adopted Merced County General
Plan and all applicable Zoning Code requirements of the zone(s) in
which the subdivision is to be located including, but not limited
to, area, setbacks, and parking regulations.
2.
Any
deviation from the Zoning Code requirements must be by a zone variance
or a minor deviation as outlined in the Merced County Zoning Code.
E.
Conformance
with Other Planning Related Ordinances.
1.
All
tentative subdivision and final maps shall be designed to conform
fully with all other planning related ordinances, such as, but not
limited to those ordinances that regulate flooding, airports, and
planned unit developments.
G.
Conformance
with Health Department Standards.
1.
All
tentative subdivision and final maps shall be designed to conform
to all applicable Health Department requirements and guidelines such
as, but not limited to individual and community water systems, individual
and community sewage systems, air pollution, and hazardous materials
regulations.
H.
Conformance
with Fire Department Standards.
1.
All
tentative subdivision and final maps shall be designed to conform
to all applicable Fire Department requirements and standards such
as, but not limited to water pressure for fire fighting and prevention
purposes, number and location of water hydrants for fire fighting
and prevention purposes, and proper clearances between buildings and
structures for the movement of fire fighting trucks and equipment.
I.
Conformance
with Public Utilities Agency and Special District Standards. All tentative
subdivision and final maps shall be designed to conform to all applicable
requirements of the various public utility companies, agencies, and
special districts with respect to electrical power, gas, telecommunications
service, water, sewer, drainage, irrigation, mosquito abatement, or
other improvement, maintenance, and easements for said utilities.
(Ord. 1218, 1986; Ord. 1170, 1985)
A.
Pre-application
Review: Any subdivider intending to subdivide land may submit a "Preliminary
Tentative Subdivision Map" to the Planning Department for review.
The preliminary map will be reviewed by the Planning Department, Department
of Public Works and other County departments, and comments will be
forwarded to the subdivider.
B.
Application
Filing Requirements.
C.
Application
Processing Outline.
1.
A
major subdivision application together with associated maps and other
pertinent information shall be processed in the following order:
(a)
Application package is filed with Planning Department.
(b)
Application package is reviewed by Planning Department staff in conjunction
with other County Departments for completeness.
(c)
Once complete, application package, together with input received
from other departments and agencies, is reviewed by the Planning Department
in order to prepare findings and recommendations to the Planning Commission.
The applicant and/or their engineer may participate in the review
process if desired by the applicant or requested by the Planning Department.
(d)
When required, an environmental review is performed by the Planning
Department.
(e)
Application is scheduled for a public hearing before the Planning
Commission.
2.
Approval
of the major subdivision application by the Planning Commission is
in fact, approval of the tentative subdivision map for a two year
period.
A.
A "Preliminary
Tentative Subdivision Map" is an optional map, which may be prepared
for very limited use in the processing of a subdivision application.
A "Preliminary Tentative Subdivision Map" need not be based upon an
accurate or detailed field survey of the property to be subdivided,
but should be of the form and contain the information as required
for a Tentative Subdivision Map.
A.
A "Tentative
Subdivision Map" is required to be prepared for the purpose of showing
the design and improvement of a proposed major subdivision, and to
also show the existing conditions in and around such proposed subdivision.
A "Tentative Subdivision Map" need not be based upon an accurate or
detailed field survey of the property to be subdivided, but shall
be of the form and contain the information as required below:
B.
Size
and Scale.
1.
A
"Tentative Subdivision Map" shall be eighteen inches by twenty-six
inches (18″ x 26″) minimum in size and drawn to a common
engineering scale which clearly and legibly depicts the proposed major
subdivision.
C.
Requirements.
1.
Every
"Tentative Subdivision Map" shall be clearly and legibly drawn and
contain not less than the following:
(a)
A location map on which shall be shown the general area surrounding
the proposed major subdivision.
(b)
The subdivision name, date, north arrow, scale, and sufficient legal
description to define the location and boundaries of the proposed
subdivision.
(c)
Approximate acreage and boundary lines of the subdivision.
(d)
Contours at an interval that will clearly show the general slope
of the land and the high and low points thereof.
(e)
Location, width, proposed names of all streets within the boundaries
of the subdivision, and approximate radii of all curves, and the approximate
grade of any street or part thereof having a grade of more than 6%.
(f)
Location, width, and use designation of all existing and proposed
easements, as well as locations and size of all existing and proposed
utilities.
(g)
Method and location of proposed and existing sewage disposal systems,
water supply systems, and storm water disposal systems (including
indication of direction of flow).
(h)
Location and character of use of all existing and proposed public
open space within the boundaries of the subdivision.
(i)
Existing use and ownership of land immediately adjacent to the subdivision.
(j)
The locations, names, and widths of all existing roads, streets,
highways, easements, railroads, streams, creeks, canals, or other
water conveyance facilities in and immediately adjacent to the subdivision.
(k)
Location by outline of all existing buildings and structures, and
the location of trees within the boundaries of the subdivision, as
well as any water or sewage systems on-site or within 100 feet of
the project boundaries.
(l)
Lot layout, approximate dimensions and area in square feet of each
irregular lot and typical standard lot. Designate each lot by number.
(m)
Each phase should be identified by boundary and number, or a note
shall be placed on the tentative map stating that the applicant intends
to file multiple Final Maps.
(n)
If in a flood zone, identify said zone by official classification
designation and identify all areas subject to inundation by storm
water overflow, the location, width and direction of flow of all water
courses.
(o)
If in a noise zone exceeding 65 dBA LDN, identify various noise zones
and noise levels as shown in officially adopted Merced County General
Plan.
D.
A can
and will serve letter from the water, sewer, or agency providing such
service must be submitted.
E.
If deviating from the design requirements of §17.04.050, then submit a written explanation of how the subdivisions design will fulfill the goals of this code to a degree comparable to that which would have been achieved by adhering to the design requirements.
F.
The Director shall refuse to accept a tentative subdivision map for processing if in his/her opinion it is in conflict with the General Plan. The applicant shall be informed of the reason why the application is in conflict with the General Plan, in writing. (Also see Section 17.04.090 "Appeals").
G.
The requirements set forth in Subsection 17.08.060 C1(a) through (o) shall be shown on the map or shall be provided on a separate sheet of paper. When any of these requirements cannot be shown, a statement shall be placed on the map that addresses the requirement in sufficient detail to identify the substance of said requirement.
(Ord. 1205 § 3, 1986; Ord. 1170, 1985)
A.
A "Final
Subdivision Map," referred to hereafter as "Final Map," is required
to be prepared for placement on record in the office of the County
Recorder. A "Final Map" shall be prepared by or under the direction
of a registered civil engineer authorized to perform land surveying
or licensed land surveyor, and shall be based upon an actual survey,
and shall be of the form and conform to all of the provisions of this
section in accordance with the applicable provisions of the Subdivision
Map Act.
B.
Every
"Final Map" shall substantially conform with the approved "tentative
subdivision map" and including all conditions approved with said map.
C.
Requirements.
1.
Every
"Final Map" shall contain the following:
(a)
The county assigned major subdivision number, subdivision name, if
applicable, unit number if applicable, north arrow, scale, and legend.
Below the title (major subdivision number) shall be a subtitle consisting
of a general legal description of all the property being subdivided,
by reference to subdivisions, parcel maps, or to sectional surveys.
All references to other tracts, land division, or sectional surveys
shall be clearly identified and worded identically from original records
with a complete reference to property book and page of the record.
In addition, the Section, Township and Range shall be identified in
the title block.
(b)
When a "Final Map" consists of more than two sheets, an index map
(key map) is required denoting the relation of the sheets.
(c)
All survey and mathematical information necessary to locate all monuments
and to retrace any and all interior and exterior boundary lines appearing
thereon shall be shown. This shall include all bearings and distances
of straight lines, the radius, chord length, central angle, tangent
distance and the length for curves, and such information as may be
necessary to determine the location of the centers of curves and any
ties to existing monuments used to establish the major subdivision
boundaries.
(d)
At least two reference points shown on the map shall be tied to the
California State Plane Coordinate System (1983 NADatum) providing
sufficient data is available and may be occupied within one mile of
the subdivision. If sufficient data is not available within one mile,
the subdivision shall be tied to a section line or quarter section
line from a section corner, quarter section corner, lot or block corner
of an original survey or any other point acceptable to the County
Surveyor. Said tie shall also show the relationship of the bearings
in the subdivision to the section or quarter section line, or lot
line, and may be calculated from records.
(e)
In general, lot numbers shall begin with the number 1 and shall continue
consecutively with no omissions or duplications except where contiguous
lands, under the same ownership, are being subdivided in successive
units, in which event lot numbers may begin with the next consecutive
number following the last number in the preceding unit. Each lot shall
be shown entirely on one sheet of the final map.
(f)
All streets shall be named (no abbreviations). In addition, the centerlines
and sidelines of all streets, the total width of all streets, the
widths each side of the centerline, the widths of any portion of a
street being dedicated, and the widths of existing dedications shall
be shown.
(g)
The widths of all railroad, irrigation waterways or other rights-of-way
shall be shown.
(h)
The map shall show the sidelines of all easements to which the lots
are subject. Such easements must be clearly labeled and identified
and if already of record, the record references given. If any easement
is not definitely located on a record, a statement of such easement
must appear on the title sheet. Easements for storm drain, sewers
and other purposes shall be denoted by fine broken lines. The width
of the easement and the lengths and bearings of the lines thereof
and sufficient ties thereto to definitely locate the easement with
respect to the subdivision must be shown. If the easement is being
dedicated by the map, it shall be properly referenced in the owner's
certificate of dedication.
(i)
Public areas shall be dimensioned and identified.
(j)
Subdivision boundary, boundary reference, and monuments:
(1)
The exterior boundary of the land included within the subdivision
shall be indicated by distinctive symbols and clearly so designated.
The map shall show the definite location of the subdivision, and shall
show the definite location of the subdivision, and particularly its
relation to surrounding surveys. The location of a designated "remainder"
parcel shall be indicated but need not be indicated as a matter of
survey but only by deed reference to the existing boundaries of such
remainder if such remainder has a gross area of five acres or more.
(2)
All found monuments shall be identified on the plat giving their
material composition, visible outside or inside dimensions. Nail and
shinner is not acceptable for monuments.
(3)
If found monuments are accepted as recorded corner or line monuments
they shall be so noted on the map and tagged if not tagged when found.
(Unless otherwise uniquely identified.) Found monuments not accepted
shall be so noted on the map and referenced to the accepted line.
(4)
All monuments set for the survey, shall be physically identified
on the plat, giving their material composition, all outside or inside
dimensions.
(k)
All printing or lettering on the map shall be legibly drawn.
(1)
The net acreage of all lots of one acre or more shall be shown
to the nearest one hundredth of an acre.
(m)
The total acreage of the major subdivision shall
be shown to the nearest one hundredth of an acre.
(n)
All dimensions shall be in feet and hundredths of a foot, and all
bearings shall be in degrees, minutes, and seconds.
(o)
When a soils report, a geologic report, or soils and geologic reports
have been prepared specifically for the major subdivision, such fact
may be noted on the final subdivision map, together with the date
of such report or reports, the name of the registered civil engineer
making the soils report and geologist making the geologic report and
the location where the reports are on file.
(p)
The map shall also satisfy any additional survey and map requirements
of the "Subdivision Map Act."
(q)
The final form of the Final Map shall be as approved by the County
Surveyor.
(Ord. 1170, 1985; Ord. 1246, 1987)
The following statements shall appear as required and may be
combined where appropriate.
A.
Owner's
Statements. A statement, signed and acknowledged by all parties having
any record title interest in the land subdivided, consenting to the
preparation and recordation of the map and offering for dedication
to the public certain specific parcels of land or easements. Exceptions
are those parties having rights-of-way, easements or interests which
cannot ripen into a fee, or as provided in the Subdivision Map Act.
B.
Trustee's
Statement. When required, a statement, signed and acknowledged by
any trustees of record at the time of recordation of the Final Map,
consenting to the recording of the map and any offers of dedications.
C.
Engineer's
Statement. A statement by the engineer or surveyor responsible for
the survey and Final Map shall appear on the map. The statement shall
give the date of the survey, state that the survey and final map were
made by or under the direction of the engineer or surveyor, and that
the survey is true and complete as shown. The statement shall also
state that all the monuments are of the character and occupy the positions
indicated, or that they will be set in such positions on or before
a specified later date. The statement shall also state that the monuments
are, or will be, sufficient to enable the survey to be retraced.
D.
County
Surveyor's Statement. A statement by the County Surveyor shall state
that:
1.
He
has examined the map.
2.
The
Final Map is substantially the same as it appeared on the approved
tentative subdivision map, and any approved alterations and/or conditions
thereof.
3.
All
applicable provisions of the Subdivision Map Act and of any local
ordinances applicable at the time of approval of the tentative subdivision
map have been complied with.
4.
He
is satisfied that the map is technically correct.
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The County Surveyor or other public official or employee qualified
and authorized to perform the functions of County Surveyor, shall
complete and file with the Board of Supervisors his or her statement
as required by this section within 20 days from the time the final
subdivisions map is submitted to him by the subdivider for approval.
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E.
Planning
Commission Statement. A statement by the Secretary of the Planning
Commission stating that the tentative subdivision map was approved
or was conditionally approved, by the Planning Commission which made
a determination that the Tentative Subdivision Map was consistent
with the Merced County General Plan at the time of the Tentative Subdivision
Map approval. The date of the Planning Commission approval shall appear
in the statement.
F.
County
Clerk's Statement. A statement to be executed by the County Clerk
stating that the Board has approved the final map and accepted, subject
to improvement, or rejected on behalf of the public, any property
offered for dedication for public use in conformity with, the terms
of the offer of dedication.
G.
County
Recorder's Statement. A statement to be executed by the County Recorder
shall show who requested the filing of the map, the time and date
the map was filed, the book and page where the map was filed, and
the recorders instrument number.
H.
Certificate
of Public Acknowledgement of Farming Activities.
1.
Where
required by this title, every final map shall have a certificate placed
on the map, or shall record by separate instrument, which notifies
future buyers, lessees, or financiers of the following:
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The property described on the final map is in the vicinity of
land utilized for agricultural purposes, and residents of this property
may be subject to inconvenience or discomfort arising from the use
of agricultural chemicals, including but not limited to, pesticides
and fertilizers; and from the pursuit of agricultural operations including
but not limited to, animal husbandry, plowing, spraying, and burning
which occasionally may generate dust, smoke, noise, nuisance insects,
and odors.
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The county of Merced has established agriculture as a priority
use in agricultural zones which are outside of an established Specific
Urban Development Plan (SUDP) boundary, Rural Residential Center (RRC)
boundary, Highway Interchange Center (HIC) boundary, or Agricultural
Service Center (ASC) boundary, and residents of property in the vicinity
of such agricultural zones should be prepared to accept inconvenience
or discomfort from normal, necessary agricultural operations.
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2.
This
section shall only apply to those properties within agricultural zones
(A-1, A-1-40 or A-2) or inside and within 1,000 feet of a Specific
Urban Development Plan (SUDP) boundary, Rural Residential Center (RRC)
boundary, Highway Interchange Center (HIC) boundary or Agricultural
Service Center (ASC) boundary as designated on the General Plan Land
Use Map.
I.
Any
other statements and acknowledgments pertaining to the final map and
required by the county surveyor.
(Ord. 1170, 1985; Ord. 1213 § 5, 1986; Ord. 1246, 1987; Ord. 1685 § 1, 2002)
A.
The
exterior boundary of the land being subdivided shall be adequately
monumented with permanent monuments before the Final Map is recorded.
If interior monuments are to be set after filing of the final subdivision
map, the subdivider must furnish a surety bond or cash deposit guaranteeing
payment of the cost of setting of monuments as provided for in the
"Subdivision Map Act." At the subdivider's option, the road improvement
bond may cover the setting of survey monuments. In either case, prior
to release of bond, the engineer setting the final major subdivision
monuments, must present a letter to the County Surveyor stating that
all major subdivision monuments are set as shown on the final map
and that he or she has been paid for such work by the subdivider.
B.
Lot
corners and street centerline monuments shall be set according to
standards established by the County Surveyor.
C.
Record
of Survey.
1.
Where
the major subdivision, for which the final map is submitted, is a
part of a larger future major subdivision as shown on the tentative
subdivision map, the subdivider shall have his engineer file a Record
of Survey Map on the overall perimeter in conformance with the Land
Surveyors Act prior to acceptance of the final map, said Record of
Survey Map shall be examined by the County Surveyor for compliance
and conformance with all section of the Land Surveyors Act prior to
recordation.
2.
In
case that the entire exterior boundary is shown on the Final Map,
or a recorded parcel map the requirement for the Record of Survey
will be waived.
(Ord. 1170, 1985)
A.
As
a condition of approval of a Final Map, the subdivider shall dedicate
or make an irrevocable offer of dedication of all parcels of land
within the subdivision that are needed for streets and alleys, including
access rights and abutters' rights; drainage; public greenways; scenic
easements; public utility easements; and other public easements.
B.
An
easement may be created by a recorded covenant of easement made by
an owner of real property to the Merced County for parking, ingress,
egress, emergency access, light and air access, landscaping or open
space purposes.
(Ord. 1170, 1985; Ord. 1246 § 4, 1987)
A.
The subdivider shall improve or agree to improve all land dedicated for streets, highways, public ways, easements, or other public uses as a condition prior to the recordation of the Final Map, as per Section 17.08.030.D-I. This shall include, but not be limited to, improvements as required by Chapter 16.08 of the Merced County Code.
B.
Remainder.
Where a Remainder Parcel is made part of a Final Map, the County 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 the
Remainder parcel and said improvements shall be at the developer's
expense. In the absence of such an agreement, the County may require
fulfillment of such construction requirements within a reasonable
time following approval of the map, upon finding that fulfillment
of the construction requirements is necessary for reasons of:
C.
If
such improvement work is not completed satisfactorily before the Final
Map is approved the subdivider of the major subdivision shall enter
into an agreement with the Department of Public Works whereby, in
consideration of the acceptance by the Board of Supervisors of the
streets and easements offered for dedication, the contractor agrees
to furnish the equipment, material, and labor necessary to complete
the work within the time specified in the agreement.
To assure the County that this work will be completed and lien
holders paid, security shall be furnished guaranteeing faithful performance
and guaranteeing payment for labor and materials.
(Ord. 1170, 1985)
The subdivider shall submit two prints of the final map to the
County Surveyor for checking. The preliminary prints shall be accompanied
by the following data:
A.
Traverse
sheets and worksheets showing the closure of the exterior boundaries
and of each irregular block and lot of the major subdivision. The
allowable error of closure on any portion of the final map shall not
exceed 1/10,000 for field closure and no errors for calculated closures.
B.
Current
preliminary Title Report.
C.
Deeds
for easements or rights-of-way. A deed for offsite easements or rights-of-way
are required of road or drainage purposes which have not been dedicated
on the final map. Written evidence acceptable to the County in the
form of rights-of-entry or permanent easements across private property
outside of the subdivision permitting or granting access to perform
necessary construction work and permitting the maintenance of the
facility.
D.
Any
additional data, reports or information as required by the County
Surveyor.
(Ord. 1170, 1985)
A.
After
approval of a Tentative Subdivision Map by the Planning Commission,
and prior to the expiration of said tentative map, the subdivider
may submit to the County Surveyor the original and two copies of the
Final Map. Said Final Map shall be completed in full compliance with
this and any other local ordinance/s regulating subdivisions and with
the Subdivision Map Act, and shall be accompanied by the following:
1.
When
appropriate, a copy of the protective covenants to be recorded.
2.
When
appropriate, park lands, school sites or other lands offered for dedication
or reserved for future public or quasi public use.
3.
Tax
Statements:
(a)
A statement from the official auditor computing redemptions in any
county or municipal corporation in which any part of the subdivision
is located, showing that, according to the records of this office,
there are no liens against the subdivision or any part thereof for
unpaid state, county, municipal, or local taxes or special assessments
collected as taxes, except taxes or special assessments not yet payable.
(b)
As to taxes or special assessments collected as taxes not yet payable,
the subdivider shall provide a certificate of each proper officer
giving his estimate of the amount of taxes and assessment which are
a lien but which are not yet payable.
B.
After
issuance of a receipt for the Final Map, the County Surveyor shall
examine it as to sufficiency of affidavits and acknowledgements; compliance
with the tentative subdivision map, sufficiency of accompanying papers;
correctness of surveying data, mathematical data and computations;
and such other matters that require checking to insure compliance
with the provisions of the "Subdivision Map Act", this code, and any
other local code/s regulating major subdivisions. If the Final Map
is found to be correct in form and content and all necessary papers
are accompanying the Final Map, the County Surveyor shall signify
that this map substantially conforms to the applicable provisions
of the Subdivision Map Act and transmit it to the County Board of
Supervisors, together with such other matters as are required.
If the Final Map is not technically correct or does not substantially
conform to the approved Tentative Map or the Subdivision Map Act and
county ordinances the County Surveyor will return the map to the subdivider
with a statement setting forth the grounds for its return.
(Ord. 1170, 1985)
A.
Improvement
Security. Any 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 the manner provided for in §66499
of the Subdivision Map Act and as provided below. The improvement
security shall also secure the faithful performance of any changes
or alteration in the work to the extent that such change or alterations
do not exceed 10 percent of the original estimated cost of the improvement.
No final map shall be recorded until all required improvement securities
have been received and approved by County.
B.
Form
of Security. The form of security shall be one of the following at
the option of, and subject to, approval of the County.
1.
Bond
or bonds by one or more duly authorized corporate securities substantially
in the form specified in Sections 66499.1 and 66499.2 of the Subdivision
Map Act.
2.
An
irrevocable instrument of credit or an irrevocable letter of credit
in accordance with the provisions of §66499 of the Subdivision
Map Act and substantially in the form specified by Merced County.
C.
Amount
of Security. The amount of 100% of the estimated construction cost
to guarantee the faithful performance for the construction or installation
of all improvements shall be required of all subdivisions. An additional
amount of 50% of the estimated construction cost shall be required
to secure the payment to the contractor, subcontractors, and to persons
furnishing labor, materials or equipment for the construction or installation
of improvements.
The estimate of construction costs shall be as approved by the
Department of Public Works and shall include:
1.
Ten
percent of the total construction cost for contingencies.
2.
All
utility installation costs. A certification acceptable to the Department
of Public Works from the utility company that the adequate security
has been deposited to ensure installation will eliminate the requirement
for this portion of required securities.
D.
One
Year Warranty Security. Upon acceptance of the subdivision improvements
by the County, the subdivider shall provide security in the amount
of 20% of the construction cost of improvements for guarantee and
warranty of the work for a period of one year following the completion
and acceptance thereof against any defective work or labor done, or
defective materials furnished.
(Ord. 1246 § 5, 1987)
A.
Performance
Security. The performance security shall be released only upon acceptance
of the improvements by the County and when an approved warranty security
has been filed with the Department of Public Works.
B.
Material
and Labor Security. Security given to secure payment to the contractor,
subcontractors and to persons furnishing labor, materials or equipment
may, after passage of the time within which claims of lien are required
to be recorded pursuant to Article 3 (commencing with §3114)
of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code
and after the completion and acceptance of the improvements by the
County, be reduced to an amount equal to the amount of all claims
therefor filed and of which notice has been given to the County. The
balance of the security shall be released upon the settlement of all
such claims and obligations for which the security was given.
(Ord. 1170, 1985; Ord. 1246 § 6, 1987)
