Chapter 17.13
CONSTRUCTION OF IMPROVEMENTS
Sections:
17.13.010 Compliance required.
17.13.020 Improvement drawings and plans.
17.13.030 Revisions to approved plans.
17.13.040 Inspections required.
17.13.060 Acceptance of improvements.
17.13.070 Improvement agreements.
17.13.080 Extension of improvement agreements.
17.13.090 Improvement security required.
17.13.100 Type and amount of security.
17.13.110 Reduction in performance security.
17.13.120 Release of improvement securities.
17.13.010 Compliance required.
All streets, drainage facilities, water distribution and fire protection facilities, sanitary sewer facilities and other required improvements shall be constructed in accordance with the provisions of this title with the following specifications, as applicable: Alpine County development standards, APWA Green Book, the American Water Works Association, and any other local standards established by local utility service provider (i.e., Markleeville Public Utility District, Lake Alpine Water Co., Alpine Sanitation District, Kirkwood Meadows Public Utility District, Bear Valley Water District, etc.). A copy of each such standard specification is on file in the office of the relevant utility provider. No final map or parcel map shall be forwarded to the county recorder’s office until the subdivider either completes the required improvements or enters into an agreement with the county and/or utility service provider agreeing to do such work. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.020 Improvement drawings and plans.
A. Improvement drawings shall be prepared and signed by a registered civil engineer and shall be submitted as part of the checkprint submittal to the county engineer along with the required checking fee deposit. Construction activities may not take place until all improvement plans and specifications have been approved and the required numbers of drawings submitted. All construction shall be in accordance with the approved plans and specifications. Approval by the county engineer shall in no way relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvement and any deficiencies or adverse effects resulting from the design and construction of the improvement.
B. The improvement plans shall show complete plans, profiles and details for all required improvements, both public and private, including common areas. Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required shall be submitted with the improvement plans. Upon completion of the review, one set of the checkprint plans, with the required revisions indicated, will be returned to the subdivider’s engineer.
C. After completing all required revisions, the subdivider’s engineer shall transmit the originals of the improvement plans to the county engineer for signature. Upon finding that all required revisions have been made and that the plans conform to all applicable county ordinances and conditions of approval of the tentative map, the county engineer shall sign and date the plans. The originals will be returned to the subdivider’s engineer. A copy of the approved plans shall remain on file in the office of the county engineer. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.030 Revisions to approved plans.
A. Requests by the subdivider or the subdivider’s engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the county engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the county engineer for approval. The originals shall be returned to the subdivider’s engineer. Construction of any proposed revision will not be permitted to commence until revised plans are approved.
B. When revisions are deemed necessary by the county engineer to protect public health and safety, or as field conditions may require, a request in writing indicating the revisions shall be made to the subdivider and engineer. The subdivider’s engineer shall revise the plans and transmit the originals to the county engineer for initialing within the time specified by the county engineer. Upon receipt of the initialed originals, the subdivider’s engineer shall immediately transmit revised drawings to the county engineer. Construction of all or any portion of the improvements may be stopped by the county engineer until revised drawings have been submitted and approved.
C. Costs incurred by the county for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.040 Inspections required.
All improvements are subject to inspection by the county. The county shall, upon not less than three working days’ advance notice or request, make such inspections as are requested and as deemed necessary to insure that all construction is in accordance with the approved plans and specifications and in no case shall such inspection be less than:
A. The inspection of all underground utility, water, sewer, drainage and fire service lines;
B. An inspection of the subgrade prior to placing the rock base;
C. An inspection of road base prior to placing of roadway surfacing;
D. An inspection of paving;
E. The inspection of concrete forms;
F. The inspection of the pouring of any concrete;
G. A final inspection of the grading;
H. A final inspection upon completion of all improvements within the subdivision.
The subdivider shall notify the county engineer upon the completion of each stage identified above and shall not proceed with any further work until the subdivider has received the authorized approval. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.050 Deficiency list.
A. Upon completion of the subdivision improvements, the developer shall apply in writing to the county for a preliminary final inspection. The county engineer or authorized representative shall schedule a preliminary final inspection. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the county engineer or authorized representative. When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction.
B. Upon having completed all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The county engineer or authorized representative shall then make a final inspection.
C. The completion of corrections indicated by the deficiency list shall not relieve the subdivider from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.060 Acceptance of improvements.
A. When all improvement deficiencies have been corrected and as-built improvement plans filed, those subdivision improvements which will be dedicated to the county may be considered for acceptance.
B. If the offers of dedication on the final or parcel map have been accepted subject to improvement, the community development director shall file a notice of completion with the county recorder.
C. If the offers of dedication on the final or parcel maps have been rejected, the county board of supervisors (for subdivision for which a final map is required) or the community development director (for subdivisions for which a parcel map is required) shall accept the improved dedications, and the county board of supervisors’ resolution of acceptance or the director’s certificate of acceptance shall be filed with the county recorder.
D. Acceptance of improvements shall imply only that the improvements have been completed satisfactorily and that they have been accepted for public use. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.070 Improvement agreements.
If the required improvements are not satisfactorily completed before the filing of either the final map or the parcel map, the subdivider and owners of the subdivision shall, prior to or concurrently with the approval of such map, enter into an agreement with the county, agreeing to have the work completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, then the county may complete or have completed all specified improvements and be completely reimbursed for the same by the subdivider and owner of the subdivision. Any improvement agreement associated with a final map shall be approved by the county board of supervisors, and any improvement agreement associated with a parcel map shall be approved by the community development director. All improvement agreements shall be approved as to form by county counsel and shall, at a minimum, provide:
A. Construction of all improvements in accordance with the approved plans;
B. Completion of improvements within a specified time;
C. Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;
D. Payment of inspection fees in accordance with the county’s established fees and charges;
E. Maintenance and repair of any defects or failures and causes thereof for one year following;
F. Acceptance of the improvements;
G. Improvement and warranty security;
H. Release of the county from all liability incurred by the development and payment of all reasonable attorney’s fees that the county may incur because of any legal action arising from the development;
I. Engineer’s certifications of approved construction;
J. Payment of all required fees including without limitation, traffic mitigation fees, etc.;
K. Agreement to be financially responsible for all required county services provided to the subdivision’s residents prior to acceptance by the county;
L. The provision of insurance as required by county counsel. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.080 Extension of improvement agreements.
The completion date for any improvements to be constructed under an improvement agreement may be extended by the community development director upon written request by the subdivider and the submission of evidence to justify such extension. The request shall be filed not less than thirty days prior to the expiration of the improvement agreement. In consideration of the extension, the following may be required:
A. Revision of the improvement plan to provide the current design and construction standards;
B. Revised improvement construction estimate to reflect current improvement costs as approved by the responsible department;
C. Increase of improvement securities in accordance with revised construction estimates; and
D. Increase in any inspection fees to reflect current fees. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.090 Improvement security required.
The furnishing of security shall be required in connection with any improvement agreement. No final or parcel map may be approved until all required security has been received and approved. The form of security shall be one or a combination of the following at the option of and subject to the approval of the county:
A. Bond or bonds by one or more duly authorized corporate sureties in the form required by Sections 66499.1 and 66499.2 of the Subdivision Map Act;
B. 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;
C. A deposit of money or negotiable bonds of the kind approved for securing deposits of public moneys. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.100 Type and amount of security.
A. 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 fifty percent of the estimated construction cost shall be required to guarantee the payment to the subdivider’s contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. The estimate of improvement costs shall be as approved by the community development director and shall provide for:
1. Not less than five percent nor more than fifteen percent of the total construction cost for contingencies;
2. Increase for projected inflation computed to the estimated midpoint of construction;
3. All utility installation costs or a certification 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.
5. The developer shall deposit with the county not less than one thousand dollars cash for subdivisions of four or less parcels, and three thousand dollars for other subdivisions, or such additional amount as required by the county engineer, not to exceed one percent of the construction cost. The deposit may be used at the discretion of the county to correct deficiencies and conditions caused by the subdivider or his contractor that may arise during or after the construction of the subdivision. This deposit shall be made in addition to any other security required by this title or other county ordinance. Any unexpended amount will be returned to the developer at the time all bonds are released.
B. Upon acceptance of the subdivision improvements by the county, the subdivider shall provide security in the amount of five percent of the cost of construction of the improvements but in any case, not less than one thousand dollars to guarantee the improvements throughout the one-year warranty period. In hillside areas, the warranty security requirement may be increased by the community development director if public safety impacts require it. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.110 Reduction in performance security.
The community development director may authorize in writing the release of a portion of the performance security in accordance with the provisions of Government Code Section 66499.7(a) through (d). Notwithstanding a release of a portion of the security, the subdivider shall complete all improvements until all remaining items are accepted by the county. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.13.120 Release of improvement securities.
A. The performance security shall be released by the community development director only upon completion and acceptance of the improvements by the county and when an approved warranty security has been filed with the community development director. If warranty security is not submitted, the release shall not apply to the required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorney’s fees, as required by Government Code Section 66499.9.
B. Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code, and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the county; if no claims have been recorded, the community development director shall release the security in full.
C. The warranty security shall be released upon satisfactory completion of the warranty period; provided, that all deficiencies appearing on the warranty deficiency list for the subdivision have been corrected, and that not less than twelve months have elapsed since the acceptance of the improvements by the county. (Ord. 709 § 1 (Exh. A) (part), 2014)