Chapter 16.24
SUBDIVISIONS – IMPROVEMENTS, EASEMENTS AND DEDICATIONS
Sections:
16.24.010 Dedications – Streets, alleys and other public rights-of-way or easements.
16.24.020 Dedications – Access to bay shoreline, waterway, river, stream, lake or reservoir.
16.24.030 Dedications – Waiver of direct street access.
16.24.060 Frontage improvements.
16.24.100 Completion of improvements.
16.24.110 Deferred improvement agreements – Frontage improvements.
16.24.120 Deferred improvement agreements – Remainders.
16.24.010 Dedications – Streets, alleys and other public rights-of-way or easements.
As a condition of approval of a final map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within a subdivision that are needed for streets and alleys, including access rights and abutter’s rights, drainage, public greenways, scenic easements, public utility easements, and other public easements. (Ord. 626 § 1 (Art. III § 304(A)(1)), 1983)
16.24.020 Dedications – Access to bay shoreline, waterway, river, stream, lake or reservoir.
In the case of any subdivision fronting upon a bay shoreline, waterway, river, stream, lake or reservoir, the subdivider shall dedicate land and/or an easement to provide public access to such bay shoreline, waterway, river, stream, lake or reservoir from public highways. For any subdivision fronting upon the bay shoreline, the offer of dedication of public access route or routes from public highways to land below the ordinary high water mark shall be accepted within three years after the approval of the parcel or final map; in the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river, or stream and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three years after approval of the parcel or final map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir shall be accepted within five years after the approval of the parcel or final map; all other offers of dedication may be accepted at any time. Offers of dedication which are not accepted within the time limits specified shall be deemed abandoned. (Ord. 626 § 1 (Art. III § 304(A)(2)), 1983)
16.24.030 Dedications – Waiver of direct street access.
The city may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon. Any such waiver shall become effective in accordance with its provisions and shall be contained in the owner’s certificate of the parcel or final map. (Ord. 626 § 1 (Art. III § 304(A)(3)), 1983)
16.24.040 Easements.
Dedication for public use easements for public utilities including but not limited to electricity, gas, communications, water and their necessary appurtenances may be required as a condition of approval of the parcel or final map. The dedication statement for public use easements shall be shown on the parcel or final map similar to the example below:
We hereby dedicate for public use easements for public utilities including but not limited to electricity, gas, communications, water, and their necessary appurtenances on, over or under those certain strips of land designated as “Public Utilities Easements” (P.U.E) as shown on said map within said subdivision, such strips of land are to be kept open and free from buildings or structures not serving the purpose of the easements. (Ord. 626 § 1 (Art. III § 304(B)), 1983)
16.24.050 Improvements.
A. All improvements as may be required as conditions of approval of the tentative map or city ordinance, together with but not limited to the requirements of SMC 16.24.060 through 16.24.090, shall be required of all subdivisions.
B. Requirements for construction of on-site and off-site improvements for minor subdivisions shall be noted on the parcel map, the final map or waiver of parcel map or the subdivider’s agreement recorded prior to or concurrent with the parcel or final map. Completion of improvements shall be in accordance with SMC 16.24.100 through 16.24.120.
C. The design and construction of privately owned and maintained streets within residential subdivisions may deviate from the standards for public subdivision streets with respect to right-of-way width, travel lane width, paved surface, on-street parking, curb and gutter design (e.g., vertical curb, rolled curb, vee gutter), sidewalks and street lighting; provided, that the following findings can be made:
1. That the proposed streets will not be offered for dedication to the city as public roads to be maintained by the city;
2. That resident and guest parking requirements for residences within the subdivision are met;
3. That the design of the streets meets access, travel and turnaround requirements for emergency vehicles; and
4. That the design of the streets creates a more aesthetically or environmentally desirable subdivision design. (Ord. 899 (Att. A-1), 2002; Ord. 626 § 1 (Art. III § 304(C)), 1983)
16.24.060 Frontage improvements.
The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, drive approaches and transitions. (Ord. 626 § 1 (Art. III § 304(C)(1)), 1983)
16.24.070 Storm drainage.
Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed by a registered civil engineer for approval by the city engineer. 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. (Ord. 626 § 1 (Art. III § 304(C)(2)), 1983)
16.24.080 Water supply.
Each unit or lot within the subdivision shall be served by an approved domestic water system. (Ord. 626 § 1 (Art. III § 304(C)(3)), 1983)
16.24.090 Utilities.
A. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cable vision 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. Undergrounding requirements along peripheral streets may be waived or modified by the city engineer upon finding:
1. The subdivision is within an area where existing utilities have not been underground; and
2. Overhead facilities will have no significant visual impact.
If the undergrounding requirement is waived as allowed by the findings set forth in this subsection B, the subdivider shall agree to joining an assessment district to place utilities underground when such an assessment district is formed.
C. All utilities shall be independently metered and except as is necessary in common interest subdivisions of more than one level, no utility line(s) shall be permitted to pass through, over or under the property lines other than those of the parcel served. (Ord. 626 § 1 (Art. III § 304(C)(4)), 1983)
16.24.100 Completion of improvements.
All required improvements including utility laterals shall be completed and installed or the appropriate improvement securities provided as specified in the subdivider’s agreement before the parcel map or final map shall be accepted for filing. (Ord. 626 § 1 (Art. III § 304(D)(1)), 1983)
16.24.110 Deferred improvement agreements – Frontage improvements.
The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the Seaside city council. Deferral will be allowed when the city council finds that the construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at such time as required by the city. The agreements shall provide:
A. Construction of said improvements shall commence within ninety days of the receipt of the notice to proceed from the city.
B. That in the event of default by the owner, his 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 successors or assigns, including interest from the date of notice of the cost and expense until paid.
C. That this agreement shall be recorded in the office of the county recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the city, including interest as hereinabove set forth, subject to foreclosure in event of default in payment.
D. That in the event of litigation occasioned by any default of the owner, his successors or assigns, the owner, his 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.
E. 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 property and constitute a lien there against.
This agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this title and all other applicable ordinances in effect at the time of construction. (Ord. 626 § 1 (Art. III § 304(D)(2)(a)), 1983)
16.24.120 Deferred improvement agreements – Remainders.
Where remainders are made a part of a parcel or final map, the city may enter into an agreement with the subdivider to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the developer’s expense. In the absence of such an agreement, the city may require fulfillment of such construction requirements within a reasonable time following approval of the map, 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. (Ord. 626 § 1 (Art. III § 304(D)(2)(b)), 1983)