A. The
subdivider shall construct all required improvements both on- and
off-site according to approved standards.
B. No
final map or parcel map shall be presented to the city council for
approval until the subdivider either completes the required improvements,
or enters into an agreement with the city agreeing to do such work.
(Code 1980, § 16.36.010; Ord. No. 28-B, § 1.701, 1981)
The advisory agency may also require that improvements installed
by the subdivider for the benefit of the subdivision contain a supplement
size, capacity, or number for the benefit of property not within the
subdivision and that such improvements be dedicated to the public.
(Code 1980, § 16.36.020; Ord. No. 28, § 5.2, 1978)
A. In
the event the improvements constructed by the subdivider are required
to contain a supplemental capacity for the benefit of property not
within the subdivision, the city shall enter into an agreement with
the subdivider to reimburse the subdivider for that portion of the
cost of such improvements equal to the difference between the amount
it would have cost the subdivider to install such improvements to
serve the subdivision only and the actual cost of such improvements.
B. In
order to pay the costs required by a reimbursement agreement, the
city shall collect from other persons, including public agencies,
using such improvements for the benefit of real property not within
the subdivision, a reasonable charge for such use.
(Code 1980, § 16.36.030; Ord. No. 28, § 5.3, 1978)
As a condition precedent to the approval and acceptance of any
final map, and at the time it takes action with respect to a tentative
tract map, the advisory agency may require the subdivider to agree
to the formation of an assessment district or districts under the
Landscaping and Lighting Act of 1972.
(Code 1980, § 16.36.040; Ord. No. 28, § 5.5, 1978)
A. All
improvements shall be required as conditions of approval of the tentative
map by city ordinance, including but not limited to the following:
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, and will be a
requirement of the tentative map for proposed streets.
(Code 1980, § 16.36.050; Ord. No. 28-B, § 1.702.1, 1981)
Stormwater 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 runoff
attributed to the development; off-site storm drain improvements may
be required to satisfy this requirement.
(Code 1980, § 16.36.060; Ord. No. 28-B, § 1.702.3, 1981)
Each unit or lot within the subdivision shall be served by an
approved sanitary sewer system unless otherwise approved by the county
water district or other such purveyor.
(Code 1980, § 16.36.070; Ord. No. 28-B, § 1.702.4, 1981)
Each unit or lot within the subdivision shall be served by an
approved domestic water system.
(Code 1980, § 16.36.080; Ord. No. 28-B, § 1.702.5, 1981)
A. Each
unit or lot within the subdivision shall be served by city-approved
utility services; gas (if required), electric, telephone and cablevision
facilities. All utilities within the subdivision and along peripheral
streets shall be placed underground except those facilities exempted
by the public utilities commission regulations.
B. The
city council may, at its discretion, accept a fee in lieu of the undergrounding
of existing facilities along peripheral streets. The amount of the
fee shall not be less than the amount established by the city engineer
for the normal cost of undergrounding of existing utilities; provided,
however, no payment in lieu of installing underground facilities shall
be permitted for any new residential subdivision for which a final
map or parcel map is required.
(Code 1980, § 16.36.090; Ord. No. 28-B, § 1.702.6, 1981)
The construction, at the subdivider's expense, of all
of the following off-site improvements which are not in existence
at the time the application for a parcel map is filed shall be required
as a condition of the approval of a parcel map or the waiver thereof:
A. Asphaltic
concrete pavement;
B. Concrete
curbs and gutters;
F. Concrete
drive approaches.
(Code 1980, § 16.36.100; Ord. No. 28-B, § 1.702.7, 1981)
As a condition precedent to the approval and acceptance of a
final map, and at the time it takes action on the tentative tract
map, the planning commission may require the subdivider to install
or construct such other improvements as it deems necessary to:
A. Provide
for the quiet and safe use and enjoyment of the property by the occupants
of the subdivision;
B. Protect
surrounding property as to its use and enjoyment; and
C. Provide
for the protection of the health and safety of the general public.
(Code 1980, § 16.36.110; Ord. No. 28-B, § 1.702.8, 1981)
The planning commission may waive the requirement of sidewalks
for lots in industrial zones if it finds that such sidewalks are not
necessary for public safety.
(Code 1980, § 16.36.120; Ord. No. 28-B, § 1.702.9, 1981)
Unless the city council finds that the construction of improvements
is presently necessary for reasons of public health and safety, or
is a necessary prerequisite to the development of contiguous parcels,
the construction of such improvements shall be postponed until such
time as a permit or other grant of approval for the development of
a lot is issued.
(Code 1980, § 16.36.130; Ord. No. 28-B, § 1.702.10, 1981)
Any requirement for the construction of improvements, and any postponement of such requirement, may be made on a lot by lot basis for each lot in the subdivision. Such requirement may be noticed by an improvement certificate on the parcel map (or waiver) or by an agreement as provided in section
16.36.170.
(Code 1980, § 16.36.140; Ord. No. 28-B, § 1.702.11, 1981)
A. The
city council finds that it is necessary for reasons of public health
and safety that all off-site improvements be constructed within a
period of 12 months following the recordation of a parcel map for
each lot on which there exists a building or other usable structure
at the time of such recordation. The foregoing provisions notwithstanding,
the city council may postpone the construction of off-site improvements
to such later time as it shall, at its discretion, determine.
B. No
postponement of construction shall be granted by the city council
unless the owner of the subject parcel shall agree in writing to construct
required off-site improvements at such future time as shall then or
thereafter be determined by the city council. The contract shall create
a lien upon the property to be divided as security for the performance
of said agreement. Any such written contract and lien agreement shall
be recorded with the county recorder of San Bernardino County immediately
subsequent to the recordation of the subject parcel map.
(Code 1980, § 16.36.150; Ord. No. 28-B, § 1.702.12, 1981)
A. No
parcel map shall be transmitted by the city clerk, in accordance with
Government Code § 66464(a) until either:
1. All
improvements which are required as a condition of the approval of
the parcel map, or the waiver thereof, other than those improvements
the construction of which has been postponed pursuant to any provision
of this title, have been constructed or the in-lieu fees have been
paid; or
2. The subdivider has entered into an agreement with the city providing for the construction of the improvements, at the subdivider's expense, within a period of nine months and has furnished security in connection with the performance of such agreement pursuant to the provisions of sections
16.36.300 through
16.36.350.
B. In-lieu
fees shall be deposited in a special undergrounding account to be
used as approved by the city council for future undergrounding of
utilities throughout the city.
C. The
provisions of this section shall not apply to:
1. Appurtenances
and associated equipment, such as surface-mounted transformers, pedestal-mounted
terminal boxes, meter cabinets and concealed ducts in an underground
system;
2. Street
lighting fixtures and traffic control facilities;
3. Facilities
necessary to the transmission or reception of radiated wireless communication;
4. Electric
transmission lines of 16,000 volts or more; and
(Code 1980, § 16.36.160; Ord. No. 28-B, § 1.702.13, 1981)
A. When
deemed necessary by the city council, the frontage improvements along
existing peripheral streets may be deferred for subdivisions of four
or less parcels. When improvements are deferred, the subdivider shall
enter into an agreement with the city for the installation of all
frontage improvements at such time in the future as required by the
city. The contract and lien agreement shall provide:
1. Construction
of said improvements shall commence within 90 days of the receipt
of the notice to proceed from the city;
2. That
in event of default by the owner, his or her successors or assigns,
the city is authorized to cause the 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 the cost and
expense until paid;
3. That
this agreement shall be recorded in the office of the recorder of
San Bernardino County, California, 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 set forth in this chapter,
and also a lien in such amount as will fully reimburse the city, including
interest as set forth in this chapter, subject to foreclosure in event
of default in payment;
4. 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 attorney's
fees, and that the same shall become a part of the lien against the
real property;
5. That
the term "owner" shall include not only the present owner
but also his heirs, successors, executors, administrators and assigns,
it being the intent of the parties hereto that the obligations herein
undertaken shall run with the real property and constitute a lien
there against.
B. The
agreement shall not relieve the owner from any other requirements
specified in this chapter. The construction of deferred improvements
shall conform to the provisions of this title and all applicable articles
of city ordinances in effect at the time of construction.
(Code 1980, § 16.36.170; Ord. No. 28-B, § 1.703, 1981)
The design and layout of all required improvements both on the
off-site, private and public, shall conform to generally acceptable
engineering standards and to such standards as approved by the city
engineer.
(Code 1980, § 16.36.180; Ord. No. 28-B, § 1.704, 1981)
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. Private streets shall be in accordance
with the standards for street construction adopted by the city council.
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 nonaccess at the end of streets in subdivisions shall be
dedicated unconditionally to the city; otherwise, they shall be prohibited.
(Code 1980, § 16.36.190; Ord. No. 28-B, § 1.705, 1981)
A. Improvement
plans shall be prepared under the direction of and signed by a registered
civil engineer licensed by the state.
B. Improvement
plans shall include but not be limited to grading, storm drains, landscaping,
streets and related facilities.
(Code 1980, § 16.36.200; Ord. No. 28-B, § 1.706.1, 1981)
A. 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 1½
inches on the left side.
B. A title
block shall be placed in the lower right-hand corner to provide adequate
space for approval by the city engineer and for approval of plan revisions.
C. Plan
and profiles shall be drawn to the scale of one inch equals 40 feet
or larger unless approved by the city 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.
D. A vicinity
(minimum scale one inch equals one thousand feet) map shall be shown
on the first sheet of all sets of plans.
E. A north
arrow shall be shown on each sheet when applicable.
F. Plans
shall be laid out to orient north to the top or right edge of the
sheet unless approved otherwise by the city engineer.
G. All
lettering shall be one-eighth inch minimum.
H. 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.
I. The
form of all plans shall conform to such additional requirements as
may be established by the city engineer. The final form of all plans
shall be as approved by the city engineer.
(Code 1980, § 16.36.210; Ord. No. 28-B, § 1.706.2, 1981)
A. The
improvement plans shall show complete plans, profiles and details
for all required improvements to be constructed, both public and private
(including common areas).
B. Reference
may be made to city, county or state standard plans in lieu of duplicating
the drawings thereon.
(Code 1980, § 16.36.220; Ord. No. 28-B, § 1.706.3, 1981)
Hydrology, hydraulic plans and calculations, bond estimates
and any structural calculations as may be required, shall be submitted
with the improvements plans to the city engineer. All calculations
shall be legible, systematic and signed and dated by a registered
civil engineer licensed by the state and in a form as approved by
the city engineer.
(Code 1980, § 16.36.230; Ord. No. 28-B, § 1.706.4, 1981)
The subdivider shall submit three sets of improvement plans
and two copies of all computations to the city engineer for review.
Upon completion of his review, one set of the preliminary plans, with
the required revisions indicated thereof, will be returned to the
subdivider's engineer.
(Code 1980, § 16.36.240; Ord. No. 28-B, § 1.706.5, 1981)
A. After
completing all required revisions, the subdivider's engineer
shall transmit the originals and one set of Mylars of the improvement
plans to the city engineer for his or her signature.
B. Upon
finding that all required revisions have been made and that the plans
conform to all applicable city ordinances, design review requirements
and conditions of approval of the tentative map, the city engineer
shall sign and date the plans.
C. Approval
of the improvement plans shall not be construed as approval of the
sanitary sewer or water construction plans. These must be approved
by the county water district or any other affected purveyor.
D. Approval
by the city 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.
(Code 1980, § 16.36.250; Ord. No. 28-B, § 1.706.6, 1981)
Requests by the subdivider or his engineer for revisions to
the approved plans appearing necessary or desirable during construction
shall be submitted in writing to the city engineer or his or her appointee
and shall be accompanied by three sets of revised drawings showing
the proposed revision. If the revision is acceptable, the originals
shall be changed and submitted to the city engineer's office
for initialing. Construction of any proposed revision will not be
permitted to commence until revised plans have been received and forwarded
to the city's engineering inspection section.
(Code 1980, § 16.36.260; Ord. No. 28-B, § 1.706.7.1, 1981)
A. When
revisions are deemed necessary by the city 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 engineer. The subdivider's
engineer shall revise the plans and change and transmit the originals
to the city engineer for within such time as specified by the city
engineer. Construction of all or any portion of the improvements may
be stopped by the city engineer until revised drawings have been submitted.
B. The
subdivider may appeal revisions required by the city engineer to the
city council by filing an appeal with the city clerk within two working
days following receipt of the request to revise the plans.
(Code 1980, § 16.36.270; Ord. No. 28-B, § 1.706.7.2, 1981)
A. Costs
incurred by the city for the checking of plans or calculations or
inspection as a result of revisions to the approved plans shall be
borne by the subdivider pursuant to the city's master fee resolution.
B. A deposit,
when required, shall be submitted with the revised prints; such deposit
shall be applied toward the actual costs.
(Code 1980, § 16.36.280; Ord. No. 28-B, § 1.706.7.3, 1981)
The agreement shall be prepared and signed by the city engineer
and approved as to form by the city attorney. The agreement shall
provide for:
A. Construction
of all improvements per the approved plans and specifications;
C. Right
by city 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 city'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
bond equal to ten percent of the performance bond and repair of any
defects or failures and causes thereof;
J. Release
of the city from all liability incurred by the development, and payment
of all reasonable attorney's fees that the city may incur because
of any legal action arising from the development;
K. Any
other deposits, fees or conditions as required by city ordinance or
resolution and as may be required by the city engineer.
(Code 1980, § 16.36.290; Ord. No. 28-B, § 1.707, 1981)
A. 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
Government Code § 66499 and as provided
in this chapter.
B. No
final map or parcel map shall be signed by the city engineer or recorded
until all improvement securities required by this section have been
received and approved.
(Code 1980, § 16.36.300; Ord. No. 28-B, § 1.708.1, 1981)
The form of security shall be one or the combination of the
following at the option and subject to the approval of the city:
A. Bond
or bonds by one or more duly authorized corporate sureties;
B. A deposit,
either with the local agency or a responsible escrow agent or trust
company, at the option of the city, of money or negotiable bonds of
the kind approved for securing deposits of public moneys;
C. An
instrument of credit from one or more financial institutions subject
to regulation by the state or federal government and pledging that
the funds necessary to carry out the act or agreement are on deposit
and guaranteed for payment. The provisions of the bond or bonds shall
be in accordance with sections 66499.1 and 66499.2 of the state Subdivision
Map Act;
D. A lien
upon the property to be divided created by contract between the owner
and the city, if the city finds that it would not be in the public
interest to require the installation of the required improvements
sooner than two years after the recordation of the map;
E. Such
other form of security, including security interests in real property,
as are acceptable to the city attorney.
(Code 1980, § 16.36.310; Ord. No. 28-B, § 1.708.2, 1981)
A. A performance
bond or security in the amount of one hundred percent of the estimated
construction cost to guarantee the construction or installation of
all improvements shall be required of all subdivisions. An additional
amount of 50 percent of the estimated construction cost shall be required
to guarantee the payment to the subdivider's contractor, subcontractor,
and to persons furnishing labor, materials or equipment for the construction
or installation of improvements.
B. The
estimate of improvement costs shall be as approved by the city engineer
and shall provide for:
1. Not
less than five percent nor more than ten percent of the total construction
cost for contingencies;
2. Increase
for projected inflation computed to the estimated cost of construction;
3. All
utility installation costs or a certification acceptable to the city
engineer from the utility company that adequate security has been
deposited to insure installation;
4. In
addition to the full amount of the security, there shall be included
costs and reasonable expenses and fees, including attorney's
fees, incurred in enforcing the obligation secured as may be required.
(Code 1980, § 16.36.320; Ord. No. 28-B, § 1.708.3, 1981)
The developer shall deposit with the city not less than $500.00
cash for subdivisions of four or less lots and $1,000.00 for other
subdivisions or such amount as required by the city engineer, not
to exceed one percent of the construction cost. The deposit may be
used at the discretion of the city to correct deficiencies and conditions
caused by the subdivider or his or her contractor that may arise during
or after the construction of the subdivision. Any unexpended amount
will be returned to the developer at the time all bonds are released.
(Code 1980, § 16.36.330; Ord. No. 28-B, § 1.708.4, 1981)
Upon acceptance of the subdivision improvements by the city
council, the subdivider shall provide security in the amount of ten
percent of performance bond to guarantee the improvements throughout
the warranty period. The warranty period shall be one year from date
of acceptance of improvement by the city.
(Code 1980, § 16.36.340; Ord. No. 28-B, § 1.708.5, 1981)
A. The
city council may authorize in the release of a portion of the security
in conjunction with the acceptance of the satisfactory completion
of a part of the improvements as the work progresses upon application
by the subdivider and upon the recommendation of the city engineer.
B. No
such release shall be for an amount less than ten percent of the total
improvement security given for faithful performance and that the security
shall not be reduced to an amount less than 50 percent of the total
improvement security given for faithful performance.
C. In
no event shall the city engineer authorize a release of the improvement
security which would reduce such security to an amount below that
required to guarantee the completion of the improvements and any other
obligation imposed by this title, the Subdivision Map Act, or the
improvement agreement.
(Code 1980, § 16.36.350; Ord. No. 28-B, § 1.708.6, 1981)
The performance security shall be released only upon acceptance
of the improvement by the city and on an approved warranty security
that has been filed with the city engineer.
(Code 1980, § 16.36.360; Ord. No. 28-B, § 1.708.7.1, 1981)
Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment
may, six months after the completion and acceptance of the improvements
by the city council, be reduced to an amount equal to the amount of
all claims therefor filed and of which notice has been given to the
city council. The balance of the security shall be released upon the
settlement of all such claims and obligations for which the security
was given.
(Code 1980, § 16.36.370; Ord. No. 28-B, § 1.708.7.2, 1981)
The warranty security shall be released upon satisfactory completion
of the warranty period, provided, that:
A. All
deficiencies appearing on the final deficiency list for the subdivision
have been corrected;
B. Not
less than 12 months have elapsed since the acceptance of the improvements
by the city council.
(Code 1980, § 16.36.380; Ord. No. 28-B, § 1.708.7.3, 1981)
A. The
construction methods and materials for all improvements shall conform
to the standard specifications of the city. The general provisions
of the city's standard specifications shall apply to the developer
where applicable.
B. Construction
shall not commence until required improvement plans have been approved
by the city engineer.
(Code 1980, § 16.36.390; Ord. No. 28-B, § 1.709, 1981)
All improvements are subject to inspection by the city engineer
or authorized personnel in accordance with the city's standard
specifications.
(Code 1980, § 16.36.400; Ord. No. 28-B, § 1.710.1, 1981)
Prior to commencing any construction, the developer shall arrange
for a preconstruction conference with the inspection section of the
engineering division.
(Code 1980, § 16.36.410; Ord. No. 28-B, § 1.710.2, 1981)
A. Upon
completion of the subdivision improvements, the developer shall apply
in writing to the city engineer for final inspection. The city engineer
or authorized representative shall schedule a preliminary final inspection.
B. 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 rescheduling of a date as determined by the city
engineer or authorized representative.
C. When
the preliminary final inspection has been completed, a copy of the
deficiency list shall be transmitted to the developer for correction.
D. Upon
having completed all corrections or additional work as outlined by
the deficiency list, the developer shall request a final inspection.
The city engineer or authorized representative shall then make a final
inspection.
E. Upon
finding that all items on the deficiency list have been corrected
and receipt of as-built improvement plans, the subdivision shall be
placed on the city council agenda for acceptance.
F. 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.
(Code 1980, § 16.36.420; Ord. No. 28-B, § 1.710.3, 1981)
A. The
subdivision improvements shall be completed by the developer within
12 months or as otherwise provided in this title, from the recording
of the final map or parcel map, unless an extension is granted by
the city council.
B. Should
the subdivider fail to complete the improvements within the specified
time, the city may by resolution of city 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.
(Code 1980, § 16.36.430; Ord. No. 28-B, § 1.711.1, 1981)
A. 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.
B. The
completion of the improvements may be required by a specified date
by the city 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 planning
commission upon recommendation of the city engineer. Such specified
date when required shall be stated in the subdivision improvement
agreement.
(Code 1980, § 16.36.440; Ord. No. 28-B, § 1.711.2, 1981)
A. The
completion date may be extended by the city council upon recommendation
by city engineering, upon written request by the developer and the
submittal of adequate evidence to justify the extension. The request
shall be made not less than 60 days prior to expiration of the subdivision
improvement agreement.
B. The
subdivider shall enter into a subdivision improvement extension agreement
with the city. The agreement shall be prepared by the city engineer,
approved as to form by the city attorney, executed by the subdivider
and transmitted to the city council for their consideration. If approved
by the city council, the mayor shall execute the agreement on behalf
of the city.
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 city engineer;
2. Revised
improvement construction estimates to reflect current improvement
costs as approved by the city engineer;
3. Increase
of improvement securities in accordance with revised construction
estimates;
4. Inspection
fees may be increased to reflect current construction costs.
D. The
city council may impose additional requirements as recommended by
the city engineer 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 city in processing the agreement shall be borne
by the developer at actual cost, or a minimum of $100.00. The city
clerk shall notify the developer and surety of the city council's
or city engineer's actions.
(Code 1980, § 16.36.450; Ord. No. 28-B, § 1.711.3, 1981)
A. When
all improvement deficiencies have been corrected and as-built improvement
plans filed, the subdivision improvements shall be considered by the
city for acceptance. Improvements may be accepted by the city council
upon recommendation by the city engineer.
B. Acceptance
of the improvements shall imply only that the improvements have been
completed satisfactorily and that public improvements have been accepted
for public use.
(Code 1980, § 16.36.460; Ord. No. 28-B, § 1.712.1, 1981)
If the subdivision has been accepted by the city, the city clerk
shall cause to be filed with the county recorder a notice of completion.
(Code 1980, § 16.36.470; Ord. No. 28-B, § 1.712.2, 1981)
A. When
requested by the subdivider in writing, the city council may consider
acceptance of a portion of the improvements as recommended by the
city engineer. The improvements will be accepted by the city 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.
(Code 1980, § 16.36.480; Ord. No. 28-B, § 1.712.3, 1981)
A. The
city council, by resolution, shall establish a payment schedule for
payments in lieu of the installation of street lights and the planting
of parkway trees.
B. The
city council, by resolution, may establish payment schedules for payments
in lieu of the installation or construction of any other improvements
which may be required as a condition of a final or parcel map.
(Code 1980, § 16.36.490; Ord. No. 28, § 7.1, 1978)
A. The
community services department shall determine whether payments may
be permitted in-lieu of planting parkway trees.
B. The
city engineer shall determine whether payments may be permitted in-lieu
of installing street lights; provided however, no payment in-lieu
of installing street lights shall be permitted for any new residential
subdivision for which a final map is required.
C. The
city engineer shall determine whether payments in-lieu of the installation
or construction of any other improvement, for which an in-lieu payment
is hereafter allowed, may be permitted.
(Code 1980, § 16.36.500; Ord. No. 28, § 7.2, 1978)
A. All
payments made in-lieu of installing street lights shall be deposited
in the revolving street lighting fund.
B. Moneys
deposited in the revolving street lighting fund shall be used exclusively
for the installation of new street lights.
C. At
least annually the city engineer shall submit a report to the city
council. Such report shall contain:
1. A
listing of locations for which in-lieu payments have been made which
do not then have street lighting;
2. The
sum of money on deposit in the revolving street lighting fund; and
3. Recommendations
as to the priority of locations for the construction of street lights.
D. The
city council, by resolution, may order disbursements from the revolving
street lighting fund for the installation of new street lights at
any location for which in-lieu payments have been made. Any such resolution
shall designate the priority of locations, which priority need not
be based upon the dates on which in-lieu payments were made.
(Code 1980, § 16.36.510; Ord. No. 28, § 7.3, 1978)
A. All payments made in lieu of planting parkway trees shall be maintained in a separate account for each subdivision concerned and shall be expended only for the planting of parkway trees for each such subdivision, except as provided in subsection
C of this section.
B. The
quantity, variety and location of parkway trees shall be determined
by the community services department.
C. If,
prior to the planting of parkway trees by the city, parkway trees
are planted on any lot by the owner thereof, or if the owner of any
lot requests in writing that a parkway tree not be planted on his
or her lot, then any portion of the parkway tree in-lieu payment of
a subdivision not expended for tree planting by reason thereof may
be used by the city for any purpose.
(Code 1980, § 16.36.520; Ord. No. 28, § 7.4, 1978)