Improvement requirements on subdivisions for which final maps are required will generally be specified as conditions of approval of the tentative map. The criteria for the design of the improvements are set forth in the booklet, as amended from time to time, on file with the Clerk of the Board, which is entitled: "County of Santa Cruz Design Criteria, Streets, Storm Sewers, Sanitary Sewers, Water System." Said booklet is incorporated herein by this reference as though fully set forth in this chapter. Criteria for grading shall be in accordance with Chapter 16.20 SCCC, with the additional requirement that for subdivision streets and access roads, the subgrade, prior to starting construction of the structural section, shall have a relative compaction of not less than 95 percent. Determination of this compaction requirement will be made by County staff in accordance with California Test Method 216 as defined by Caltrans' Test Manual.
(Ord. 2093, 1975; Ord. 2213, 1975; Ord. 2818, 1979)
Improvement requirements for subdivisions for which parcel maps are required shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of the parcel map being filed for record. The construction of such improvements shall be required prior to subsequent issuance of a permit or other grant of approval for the development of such parcel by the County.
Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the County, except that the Board of Supervisors or Planning Commission may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of:
(A) 
The public health and safety; or
(B) 
The required construction is a necessary prerequisite to the orderly development of the surrounding area.
Where the requirement for the construction of improvements calls for the improvements to be constructed per plans to be submitted to and approved by the Department of Public Works, plan checking, construction and inspection shall conform to SCCC § 14.01.504 through § 14.01.512.
(Ord. 2093, 1975; Ord. 2213, 1975; Ord. 2443, 1977; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 4243 § 23, 1993)
After approval of the tentative map for which a final map is required, but before starting any construction work, the subdivider or his authorized representative shall submit two complete sets of improvement plans to the Director of Public Works for his review and approval not later than six weeks prior to the expiration date of the tentative map. Said plans shall be prepared by a civil engineer who is licensed to practice civil engineering in the State of California. The improvements shall include, but are not limited to, site grading, driveway access, drainage, erosion control, including the prevention of sedimentation or damage to off-site property, street construction, sewer construction and landscaping. All conditions of the grading permit, tentative map, development permit, or other permits which are applicable to construction shall be shown on the improvement plans.
(Ord. 4126 § 1, 1991; Ord. 4496-C § 75, 1998)
The approval of the improvement plans by the Director of Public Works shall be a condition precedent to the approval of the final map by the Board of Supervisors. The approval of the improvement plans shall not bind the County to accept the improvements nor waive any defects in the same.
(Ord. 2093, 1975; Ord. 2196, 1975; Ord. 2213, 1975)
(A) 
The subdivider shall pay the Director of Public Works a fee for checking the improvement plans, inspecting the work, testing the materials and preparing as-built plans. The method for determining this fee shall be established by resolution of the Board.
(B) 
At the time of submittal of the improvement plans for subdivisions for which final maps are required, a deposit shall be made toward the fee for checking the plans. The amount of the deposit shall be established by resolution of the Board.
(C) 
Prior to release of the approved plans by the Director of Public Works, the subdivider shall pay any balance due. Any excess over the fee will be refunded. The cash deposit shall not be refunded if the subdivision is abandoned and no improvements are constructed.
(D) 
At the time of submittal of the improvement plans for subdivisions for which parcel maps are required, a checking fee shall be charged. The amount of the fee shall be established by resolution of the Board.
(E) 
To assure payment of the construction inspection and materials testing fees, the subdivider shall provide a security in a format noted in SCCC § 14.01.511. The amount of the security shall be determined by resolution of the Board. This security shall be included as part of the agreement noted in SCCC § 14.01.510.
(F) 
Additionally, when the above security consists of either a bond or an instrument of credit per SCCC § 14.01.511(A) or (C), the developer shall deposit a cash advance with the County towards payment of the final construction, inspection and materials testing fees. The amount of the deposit shall be as follows:
(1) 
Subdivisions. One and one-half percent of the amount of the faithful performance security, with a minimum of $200.00;
(2) 
Minor Land Divisions. Two percent of the amount of the faithful performance security, with a minimum of $150.00.
(G) 
Immediately prior to acceptance of the subdivision improvements by the County, the construction, inspection and materials testing fees will be totaled and billed to the developer, less deposits. If deposit exceeds the bill, a refund will be made to the subdivider.
(Ord. 2093, 1975; Ord. 2213, 1975; Ord. 2307, 1976; Ord. 3045, 1981; Ord. 3242 § 1, 1982)
The contractor shall designate in writing, before starting work, an authorized representative who shall have complete authority to represent and act for the contractor. Said authorized representative or his agent shall be present at the site of the work at all times while the work is actually in progress. During periods when work is suspended, arrangements acceptable to the Director of Public Works shall be made for any emergency work which may be required.
(Ord. 2093, 1975)
The Director of Public Works shall at all times have access to the work site during construction and shall be furnished with every reasonable facility for ascertaining that the materials and workmanship are in accordance with the requirements and intentions of the approved improvement plans and work done and all materials furnished shall be subject to his inspection and approval. The inspection of the work or materials shall not relieve the contractor of any of his obligations to fulfill the work as prescribed. Work and materials not meeting such requirements may be rejected, notwithstanding that such work or materials have been previously inspected by the Director of Public Works. Any superintendent, foreman, laborer, or other person employed on the work by the contractor, who performs his work in an unsatisfactory manner, or who is disorderly, intemperate, or incompetent, shall, upon request of the Director of Public Works, be removed from the site immediately, and such person shall not again be employed on the job.
(Ord. 2093, 1975)
The Director of Public Works shall make such inspections as he deems necessary and shall be notified 24 hours in advance of any required inspection. Minimum inspection requirements follow:
(A) 
The inspection of clearing and grubbing work before grading operations are started in any cut or fill area.
(B) 
The inspection and compaction testing of subgrade before the placing of sub-base, base, and surfacing.
(C) 
The inspection of storm drain and sewer pipe installation and backfill, including compaction testing.
(D) 
The inspection and compaction testing of sub-base and base prior to paving.
(E) 
The inspection of all penetration treatment, seal coat, and paving while the work is in progress.
(F) 
The inspection of concrete forms.
(G) 
The inspection of concrete while being placed.
(H) 
Final inspection.
(I) 
Installation of residential street lighting.
(Ord. 2093, 1975; Ord. 4126 § 2, 1991)
The subdivider shall, concurrent with the acceptance of the final map, or parcel map where applicable, or prior to the start of construction, whichever is earlier, enter into an agreement with the County, agreeing to have the specified or required improvements completed within a specified time. In the case of a subdivision for which a final map is required, the agreement shall be executed by the subdivider and the Board. In the case of a subdivision for which a parcel map is required, the agreement shall be executed by the subdivider and the Director of Public Works for the Board. Standard agreement forms are available upon request from the County Surveyor.
If formal time extensions are considered to complete the improvements, such extensions will not be granted until all construction, inspection and materials testing charges, which have been accumulated as of that date, have been paid.
(Ord. 2093, 1975; Ord. 2196, 1975; Ord. 2213, 1975; Ord. 3242 § 2, 1982)
(A) 
Except as provided in subsection (B) of this section, security shall be provided to ensure satisfactory completion of the required improvements and other associated costs and fees. Securities shall only be accepted in the form of one of the following:
(1) 
Bond or bonds by duly authorized corporate sureties acceptable to the County; or
(2) 
A deposit, either with the County or a responsible escrow agent or trust company, at the County's option, of money or negotiable bonds of kind approved for securing deposits of public monies; provided, that:
(a) 
Any such escrow is noncancelable and nonmodifiable without the County's prior written consent; or
(b) 
Any such deposit is specifically made for the benefit of the County with the County as named beneficiary; or
(3) 
An instrument of credit from an agency of the State, Federal, or local government when any agency of the State, Federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security; or
(4) 
A letter of credit issued by a financial institution subject to regulation by the State or Federal government; or
(5) 
Any combination of the above, at the discretion of the Director of the Department of Public Works.
(B) 
To assure satisfactory completion of the improvements for a development by a California nonprofit corporation with public financing to develop new low and moderate income housing, securities shall only be accepted in the form permitted by Government Code Section 66499.
(C) 
The securities to be furnished are as follows:
(1) 
For "faithful performance," the amount of 100 percent of the cost of the improvements as determined by the subdivision engineer and accepted by the Director of Public Works, to guarantee faithful completion of the work; and
(2) 
For "materials and labor," the amount of 50 percent of the cost of improvements as determined by the subdivision engineer and accepted by the Director of Public Works, to guarantee payment to material men and laborers furnishing materials, equipment, or labor in connection with the subdivision improvements; and
(3) 
For "guarantee, warranty, and maintenance of work," the amount of 15 percent of the cost of improvements as determined by the subdivision engineer and accepted by the Director of Public Works, to guarantee and warrant the work for a minimum period of 12 months following the completion and acceptance thereof by the Board of Supervisors against any defective work or labor done, or defective materials furnished and to maintain such work to the satisfaction of the County for said period. In the event the subdivider fails to maintain, repair, replace or reconstruct the work to the satisfaction of the County, the security shall be obligated for the payment of all necessary costs and expenses that may be incurred or expended by the County of Santa Cruz in causing any or all repair, replacement, reconstruction, or maintenance of said work, which is discovered or may become necessary during said 12-month period.
(4) 
Such other securities as may be needed pursuant to SCCC § 14.01.208(B) (monumentation), 14.01.437(A) (taxes), and 14.01.506 (plan check and inspection fees).
(5) 
For subdivisions for which parcel maps are required, the securities to be supplied may be limited to subsections (A) and (B) of this section plus the security noted in SCCC § 14.01.506.
(Ord. 2196, 1975; Ord. 2213, 1975; Ord. 4073 § 1, 1990; Ord. 5034 § 1, 2009; Ord. 5069 § 1, 2010; Ord. 5394 § 1, 2022)
(A) 
No grading or improvement shall be permitted prior to recording of the final map unless, by a specific condition of the tentative map, this restriction is waived by the County. If the subdivider is thus permitted to grade or install improvements, he shall submit and obtain approval of grading and improvement plans and enter into an agreement with the County to guarantee completion of the work. Said agreement shall be backed by securities in accordance with SCCC § 14.01.511.
(B) 
Doing such work contrary to this section shall void the tentative map and constitute a violation of the Santa Cruz County Code.
(C) 
It shall be unlawful for any person whether as owner, principal, agent, or employee or otherwise to perform an action or allow a situation to continue that violates the provisions of this chapter or violates any permit conditions required pursuant to this chapter. All violations shall be punishable in accordance with the provisions of Chapter 19.01 SCCC except as otherwise specified in this chapter.
(Ord. 3436 § 2, 1983; Ord. 4496-C § 76, 1998)
In the event a subdivider is required to construct or install off-site improvements on land in which neither the subdivider nor the County has sufficient title or interest, including an easement or license, at the time the tentative map is approved or the final or parcel map is filed with the County to permit the improvements to be made, the subdivider shall enter into an agreement with the County prior to the filing of the final map or parcel map to pay for the County's costs, including personnel salaries and benefits, legal fees and costs, and compensation to the landowner for acquiring an interest in the land which will permit the improvements to be made. The subdivider shall also post an appropriate cash security deposit with the County prior to filing of the final map or parcel map to be applied towards the County's costs for acquiring the off-site property interest.
Pursuant to Section 66462.5 of the Government Code, if the County fails to commence condemnation proceedings to acquire the off-site property interest within 120 days of the filing of the final map or parcel map, then the condition for construction of any off-site improvement which is dependent on the property acquisition shall be deemed to be waived.
(Ord. 3648 § 1, 1985)