Chapter 16.40
IMPROVEMENTS
16.40.010 Generally.
All improvements shall conform to the city requirements. Any deviation shall be only with the written approval of the planning commission in accordance with Section 16.04.010 and shall be obtained from the city engineer before any construction is started, except the construction of public utility improvements controlled by the public utilities commission. (Ord. 35 § 1 (part), 1972: prior code § 10-103.010)
16.40.020 Requirements.
Improvements to be installed by each subdivider shall include the following:
A. Curbs, gutters, sidewalks and walkways;
B. Water lines, gas and other utility services to serve each lot and stubbed to the property line prior to paving;
C. Fire hydrants of a type and size approved by the public safety department. Fire flows shall be as approved;
D. Sanitary sewers and laterals to serve each lot and stubbed to the property line prior to paving;
E. Storm sewers, drains and channel improvements when necessary for general use of development;
F. Silt basins or other forms of erosion control when necessary for general use of development;
G. Paved streets;
H. Ornamental street lights. The planning commission shall require underground wiring unless topographical or soil conditions make such underground installation impractical in their opinion;
I. Street trees, not less than one tree per lot, average spacing fifty feet on center, of a type approved by the planning commission;
J. Street signs at all block-number changes and at locations approved by the city planner;
K. Street-end barricades, walls or fencing where required;
L. Stop or yield signs where a street intersects with a major street or at other locations required by the planning commission;
M. Utility distribution lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground. The subdivider is responsible for complying with the requirements of this subsection and he shall make the necessary arrangements with the utilities for the installation of such facilities. For the purposes of this subsection, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. The planning commission may waive the requirements of this subsection if unusual topographical, soil or any other unusual problems make such underground installations unreasonable or impractical. The subdivider shall be responsible for submitting information supporting a request for said waivers. No such waiver shall be granted in any underground district. All surface-mounted installations shall be screened with landscaping as approved by the planning commission or placed beyond any required setback in the district. This subsection shall not apply to utility lines which do not provide service to the area being subdivided. (Ord. 35 § 1 (part), 1972: prior code § 10-103.020)
16.40.030 Street structural sections.
Street structural sections shall be in conformance with Sections 16.40.010 through 16.40.050 or as determined by a civil engineer licensed to practice civil engineering in California and whose specialty is soil mechanics subject to the approval of the city engineer. (Ord. 35 § 1 (part), 1972: prior code § 10-103.030)
16.40.040 Sidewalks, curbs and gutters.
Sidewalks, curbs and gutters shall be constructed of Class “A” concrete (five sacks of Portland cement per cubic yard). Standard curbs and gutters shall be used on returns at street intersections. All improvements are to be constructed in accordance with city standards. (Ord. 35 § 1 (part), 1972: prior code § 10-103.040)
16.40.050 Optional design and improvement standards.
Variation of the standards required pursuant to Chapters 16.04 through 16.32 and this chapter may be permitted only in areas where a use permit is in effect for a planned unit development. The variations permitted shall be only those shown on that site plan which was approved as a part of the planned unit development. (Ord. 35 § 1 (part), 1972: prior code § 10-103.050)
16.40.060 Specifications.
A. All of the subdivision improvements required in this chapter shall be carried out in full compliance with the specifications for each of the various units of work and materials undertaken as set forth in the specifications of the Estero municipal improvement district and the current edition of “Standard Specifications of the State of California, Department of Public Works, Division of Highways,” except where special provisions are required.
B. Nothing in these specifications shall be construed to prohibit the subdivider from constructing a superior type of improvement than specified in this chapter. (Ord. 35 § 1 (part), 1972: prior code § 10-104)
16.40.070 Subdivision improvement agreement.
A. If at the time of approval of the final map by the city council, any public improvements required by this chapter have not been completed and accepted in accordance with city standards, the city council, as a condition precedent to the approval of the final map, requires the subdivider to enter into one of the following agreements, specified by city council:
1. An agreement to complete such improvements at the subdivider’s expense within the time specified in the agreement; or
2. An agreement with the city to initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements at the subdivider’s expense.
B. The performance of such agreements shall be guaranteed by a performance bond and labor and materials bond, which bonds shall substantially conform to the form set forth in Sections 66499.1 and 66499.2 of the Government Code; or, at the option of the city council, such other type of security as set forth in Section 66499 of the Government Code.
C. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, then upon the furnishing by the contractor of the faithful performance and labor and materials bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor. (Ord. 297 § 1, 1984: Ord. 35 § 1 (part), 1972: prior code § 10-105)
16.40.080 Reimbursement agreements.
With respect to sewer mains and facilities which are constructed, installed and paid for by private persons, which mains and facilities are sufficient to serve properties of persons other than those so constructing and installing same, the city is authorized to enter into reimbursement agreements with the persons so constructing and installing such mains and facilities under which the city, in consideration of the conveyance of such mains and facilities to the city, shall make a connection charge from all other persons connecting to such mains and facilities and pay same over to the persons so constructing and installing same. The amount of the charge under this section shall be computed by the city engineer based upon what would be the fair and equitable share of the cost of such improvements of the other persons so connecting to such mains and facilities. (Ord. 148 § 1, 1977)