The subdivider shall construct or install all improvements in streets, alleys, pedestrianways, biking paths, channels, easements and other rights-of-way as are necessary for the general use of residents of the subdivision and to meet local traffic and drainage needs in accordance with the provisions of this chapter and the Loomis land development manual and construction standards.
(Ord. 185 § 1, 1998; Ord. 214, 2004)
A. 
Improvement plans shall be completed by the subdivider, and accepted by the town engineer, prior to the acceptance of the final map or parcel map for filing by the town engineer.
B. 
Plans shall conform to improvement standards adopted by the town council pursuant to subdivision (b) of Section 66462 of the Subdivision Map Act. The final map shall not be deemed to be filed for approval until the preparation of such plans is completed and such plans have been approved by the town engineer.
(Ord. 185 § 1, 1998; Ord. 207 § 46, 2003)
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 these regulations, and conditions of approval and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrianway, 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 number of copies to be provided, shall be in accordance with the requirements of the town engineer.
(Ord. 185 § 1, 1998)
Prior to the commencement of grading, construction, or installation of any improvements within any street, alley, pedestrianway, easement or other public area or right-of-way, improvement plans shall have been approved by the town engineer and other affected, agencies, departments or divisions.
(Ord. 185 § 1, 1998)
A. 
Improvements shall be constructed and installed in accordance with the accepted plans and in accordance with the applicable standards, specifications and permit procedures established by these regulations, the Municipal Code, and applicable resolutions of the town council.
B. 
Improvements shall be constructed and installed to permanent line and grade satisfactory to the town engineer.
(Ord. 185 § 1 (part) 1998)
The developer is required to provide frontage improvements along existing and proposed roadways at the developer's expense. Frontage improvements include, but are not limited to, sidewalk, curb and gutter, eighteen feet of pavement width, additional pavement width beyond eighteen feet for intersection widening (including acceleration and deceleration lanes, bus turnouts, widening for dual left turns, etc.), drainage system, landscaping, soundwalls, street lighting, roadway signing and striping, and all utilities (including traffic signal interconnect if applicable). For minor residential, primary residential, collector and industrial streets, the developer shall provide the full pavement width (lip of gutter to lip of gutter) at the developer's expense.
The developer shall be responsible for upgrading streets within and adjacent to the developer's project where the pavement section of an existing street does not meet the structural section and/or the centerline grade and alignment requirements specified in this manual for those streets.
Where the design centerline grade is to be higher than the existing, the developer shall extend an overlay beyond the centerline of the street and shall neatly conform to the existing surface grade on the other side. The developer shall also be responsible for overlaying any low areas where the new pavement is proposed to meet the existing pavement to maintain a uniform cross slope.
When making a connection to an existing stub street, the developer shall be responsible for removing and reconstructing up to a maximum of twenty feet of the existing roadway to make a satisfactory connection as required by the town engineer.
When widening to complete an existing partial street along a development project, the developer shall be responsible for saw cutting and removing a narrow strip along the outside portion of the pavement to provide a clean and stable pavement section for constructing against. The width to be removed shall be determined by the town engineer.
All temporary approaches to existing roadways required as a result of the development shall be at the developer's expense. The temporary approaches shall be paved with the structural section to be determined individually for each situation.
The developer shall be responsible for relocating existing traffic signals and street lights, and installing new traffic signals and street lights as necessary for new street and driveway locations. The developer shall also be responsible for relocating existing traffic signals and street lights as necessary for the installation of new curbs or new curbs and sidewalks at locations where there are no existing curbs or curbs and sidewalks.
The developer shall be responsible for constructing or modifying median island curbs where required by these standards, or when required for traffic control as a result of the development, as determined by the town engineer.
The developer shall be responsible for frontage improvements as described in Section 7-22.
The developer shall be responsible for all drainage facilities (bridges, pipes, culverts, and appurtenances) crossing new streets within or adjacent to the project.
The developer shall be responsible for all necessary modifications within the public right-of-way and the project site to comply with state and federal standards for access for the disabled, including but not limited to sidewalk ramps.
(Ord. 214, 2004)
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 when, in the opinion of the town engineer, it is impractical under the circumstance of a given case to place same underground.
(Ord. 185 § 1, 1998)
Any facility of any type which requires modification or relocation to accommodate improvements associated with a development project shall be modified or relocated by the developer at the developer's expense. Any existing public facilities damaged during construction of a development project shall be repaired by the developer to the satisfaction of the town and/or other agencies, at the developer's expense.
All trenching in existing roadways shall conform to the construction standard drawings. The developer may be required to coordinate trenching work schedules to avoid cutting pavement where repaving is planned by the town. No trenching shall be permitted on any street that has been constructed or overlayed within the last five years. If this cannot be avoided, the developer shall warranty the trench work within the pavement for a minimum of two years with a bond or security covering one hundred percent of the improvement cost.
(Ord. 214, 2004)
In addition to permanent improvements, temporary improvements may be required to be made prior to or concurrent with permanent improvements.
(Ord. 185 § 1, 1998)
All improvements shall be constructed under the inspection of the town engineer, and the subdivider shall cause all such improvement work to be inspected at such times as are established and required by the town engineer. Subdivider shall pay the town a fee to defray the town's costs in making such inspection, the rate of which shall be determined by resolution of the council.
(Ord. 185 § 1, 1998)
All work and improvements contemplated by and performed pursuant to these regulations shall be accomplished so as to minimize interference of, and coordinate with, other construction activities or developments of or on behalf of the town and of nearby private development.
(Ord. 185 §, 1998)
If it is determined by the town engineer that the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys by reversion to acreage, or both, the own council may, upon recommendation of the town engineer, waive all or a portion of the improvements which otherwise would be required.
(Ord. 185 § 1, 1998)
The following improvements may be required as conditions of approval of the tentative map or parcel map to the extent otherwise allowed by law:
A. 
Grade and fill to a grade acceptable to the town engineer 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 and adjacent land from flood or overflow by storm or flood waters in accordance with the accepted plans for drains and drainage works;
C. 
Construct and install concrete curbs, gutters and sidewalks on both sides of every street and on the proximate side of each existing or dedicated street bordering the subdivision. If a street is an extension of a turnaround or temporary turnaround, the bulbed portion shall be removed and required improvements be installed;
D. 
Install or provide for the installation of water mains, sanitary sewer, storm drains, necessary appurtenances and all laterals required to serve each lot. Subdivisions with any resulting parcel less than 1.9 acre in size, net of public or private street easements, or rights-of-way, shall require public water and sewer service to each lots;
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 such street or alley. Service connections for all underground utilities and sanitary sewers shall be laid at such lengths to avoid disturbing the street or alley improvements when service connections thereto are made;
G. 
Install asphalt concrete pavement, base material in all existing or dedicated streets or portions thereof;
H. 
Install concrete sidewalks; concrete pavement in all existing or dedicated alleys, pedestrianways and bikeways; provided, however, pedestrianways and bikeways may be improved with asphaltic concrete pavement with the consent of the town engineer;
I. 
The planting of residential street trees of the number, species, condition, and size approved by the planning director. Trees shall be planted in the front yard and be in good health prior to final inspection of the buildings;
J. 
Install or provide for the installation of street lighting facilities of approved design and illumination in the locations and manner approved by the town engineer;
K. 
Construct or install required traffic signs and markings and traffic signal equipment where required by the town engineer;
L. 
Construct and install street barricades in accordance with standard specifications, guardrails, retaining walls and safety devices where required by town engineer;
M. 
Construct such acceleration and deceleration lanes and traffic channelization devices in streets as are deemed necessary by the town engineer and are required as a condition of the approval of the tentative map;
N. 
Construct a six-foot woven wire fence, masonry wall or other type approved by the planning commission along subdivision boundary line, where such boundary line is adjacent to or across a public street, alley or pedestrianway from an open and unfenced canal, storm channel, railroad, quarry, airport or other facility deemed possibly hazardous in the sole discretion of the town engineer;
O. 
Construct a sound reduction barrier where required by the general plan, applicable specific plans, or mitigation measures incorporated into the project during the CEQA process. The barrier shall be designed in accordance with standard specifications;
P. 
Improve biking paths with adequate fencing designed in accordance with standard specifications;
Q. 
Construct improvements required and included as mitigation measures pursuant to CEQA.
(Ord. 185 § 1, 1998)
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 such improvement be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act may be contained in the subdivision improvement agreement.
(Ord. 185 § 1, 1998)
A. 
If the required improvements are not satisfactorily completed before a final map or parcel map is filed with the town engineer, the subdivider shall enter into an agreement with the town to make all improvements as may be required upon approval of such map.
B. 
The purpose of the improvement agreement includes, among other considerations, eliminating and avoiding the harmful effects of premature subdivision which leaves property undeveloped and unproductive. Therefore, commencement of construction of the improvements under the agreement shall not be a condition precede to the enforcement and requirement of specific performance under such agreement.
C. 
The benefit of the subdivision improvement agreement inures solely to the town and shall not be construed to benefit any third parties not signatory to such agreement, including, but not limited to the following: lot purchasers, subcontractors, laborers and suppliers.
(Ord. 185 § 1, 1998)
A. 
The improvement agreement shall be in writing, shall be approved as to form by the town attorney, and shall be secured and conditioned as provided in this chapter. An acknowledged abstract of such agreement shall be recorded simultaneously with the final map or the parcel map.
B. 
The improvement agreement, and acknowledged abstract thereof, shall be complete, subject to council approval, and on file with the town engineer before the final map or parcel map is accepted for filing. 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 town engineer.
(Ord. 185 § 1, 1998)
Such 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 these regulations, of the Municipal Code, and of other applicable laws, and with all terms and conditions of required improvement permits;
C. 
A statement indicating that all improvements shall be completed within one year, unless otherwise approved by the town council;
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 town may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the town in completing such work;
E. 
Provision for the repair and replacement of defective material and workmanship of such improvements by the subdivider for a period of twelve months after the improvements have been accepted by the town engineer;
F. 
Provision for the inspection of all improvements of the subdivision by the town engineer for a period of twelve months after the improvement acceptance date;
G. 
A provision guaranteeing payment to the town for all engineering and inspection costs and fees and all other incidental expenses incurred by the town;
H. 
A description of all lands within the exterior boundaries of the subdivision.
(Ord. 185 § 1, 1998)
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 town 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 Sections 14.44.170 and 14.44.180; and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to the aforementioned sections;
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;
F. 
Provision for the method of payment of any fees imposed by this chapter;
G. 
Provision for guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the town or the performance of the act.
(Ord. 185 § 1, 1998)
A. 
General. Except as provided otherwise in subsection B of this section, a subdivider shall secure the improvement agreement entered into pursuant to Section 14.44.160 in the following amounts:
1. 
Performance Security. An amount determined by the town engineer to be one hundred percent of the total estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed; and
2. 
Payment Security. An amount determined by the town to be not less than fifty percent nor more than one hundred percent of the total estimated cost of improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts; and
3. 
Warrant Security. An amount determined by the town engineer to be necessary for the 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, defective materials or equipment furnished. Not less than fifteen percent of total cost of improvements.
B. 
Nonprofit California Corporations. Pursuant to Section 66499.3 of the Subdivision Map Act, entities that are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the state of California or one of its agencies, are exempt from the requirements of subsections (A)(1) and (A)(2) of this section; provided, they meet and fulfill the alternative security requirements specified in Section 66499.3(c) of the Subdivision Map Act.
(Ord. 185 § 1, 1998)
A. 
The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in Section 66499 of the Subdivision Map Act.
B. 
A surety bond to secure the faithful performance of the agreement shall substantially conform to the form set forth in Section 66499.1 of the Subdivision Map Act. A surety bond to secure payment to the contractor, subcontractor and persons furnishing labor, materials or equipment shall substantially conform to the form set forth in Section 66499.2 of the Act.
C. 
Improvement security shall be filed with the town engineer, together with the improvement agreement, before the town engineer accepts the final map or parcel map for filing. The form of the improvement security shall be subject to the approval of the town attorney. The bonding company shall be licensed and authorized to issue security bonds in California and subject to approval by the town attorney and town council.
(Ord. 185 § 1, 1998)
The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.
(Ord. 185 § 1, 1998)
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 town engineer by the amount corresponding to the amount of such bonds furnished by the contractor.
(Ord. 185 § 1, 1998)
A. 
Performance Security. The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the town engineer. Such acceptance shall occur when the certificate of completion is signed by the town engineer. If a warranty security is not submitted, performance security shall be released twelve months after acceptance of improvements and correction of all warranty deficiencies.
B. 
Payment Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the town engineer, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the town. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
C. 
Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period; provided, that all warranty deficiencies have been corrected.
Pursuant to Government Code Sections 66499.7 and 66499.9. the release of improvement security as set forth in this chapter shall not apply to any costs, reasonable expenses or fees, including reasonable attorneys' fees.
(Ord. 185 § 1, 1998)