ASSURANCE OF COMPLETION AND
MAINTENANCE OF IMPROVEMENTS
Sections:
20.720.010 Required improvement and agreement to complete.
20.720.020 Improvement agreement.
20.720.030 Security.
20.720.040 Site improvement permits.
20.720.050 Security for temporary improvements.
20.720.060 Remedies.
20.720.070 Acceptance of dedication offers.
20.720.080 Inspection and certification of improvements.
20.720.085 Warranty.
20.720.090 Reduction of escrowed funds and security.
20.720.100 Security for warranty of improvements.
20.720.110 Issuance of building permits and certificates
of occupancy.
20.720.120 Issuance of building permits for model homes.
20.720.010 Required improvements and agreement to complete.
A. Applicability. The requirements of this chapter
shall apply in all instances where improvements
are required to be constructed in conjunction
with the division of land pursuant to this title
and where improvements are proposed in conjunction
with other development permits.
B. Completion of improvements. Before a final map,
parcel map or final division of land into large
parcels is signed by the county engineer and
any easements offered for dedication to the public
are accepted by the county, or before a final
certificate of occupancy is issued for a new
structure, all developers shall be required to
complete, in accordance with the applicable development
approval and to the satisfaction of the county
engineer, all project improvements, system improvements
and lot improvements on the individual lots,
as required in this code and as specified in
the conditions of approval of the applicable
map, and to dedicate those public improvements
to the county, free and clear of all liens and
encumbrances on the dedicated property and public
improvements. The developer also shall construct
at his sole cost all temporary improvements required
as a condition of approval of the applicable
map or development and shall maintain those temporary
improvements for the period specified in such
approval.
C. Deferral of required improvements. As an alternative
to completion of improvements prior to final
map approval, or issuance of a permanent certificate
of occupancy, the board, commission, or official
authorized to approve the applicable map or development
may permit the developer to enter into an improvement
agreement prepared in conformance with section
20.720.020 and secured pursuant to 20.720.030,
by which the developer covenants to complete
all required improvements.
D. Failure to complete improvements. For divisions
of land and other development projects for which
no improvement agreement has been executed and
no security has been posted pursuant to this
chapter, if the required improvements are not
completed within the period specified in the
applicable approval conditions , or within two
years following the date of recordation of a
final map or issuance of a building permit, the
applicable map or development approval shall
be deemed to have expired. (Ord. 801, 1998;
Ord. 763, 1996; Ord. 390, 1981; Ord. 158, 1967)
20.720.020
Improvement agreement.
A. Agreement. The developer shall agree to construct and complete all
required improvements no later than two years following the date of recordation
of a final map or issuance of a building permit. The developer also shall agree
to warrant that all required public improvements shall be free from defect in
design, workmanship and materials for a period of at least one year following
acceptance of the offer of dedication of the last completed public improvement
by the appropriate authority . The improvement agreement shall include, but
may not be limited to, the following:
1. A detailed reference to the improvements requiring completion,
including an engineer's cost estimate;
2. A specific date for completion of all improvements, fixed by
the county engineer, which date shall not be longer than two years from the
date on which the county engineer signs the map;
3. A requirement for a certificate from the developer's engineer
stating that all work has been completed in accordance with the improvement
drawings and specifications;
4. A requirement that a notice of completion issued by the county
engineer be submitted indicating that all improvements comply with the applicable
map approval requirements and this code;
5. A requirement for written acceptance of all public improvements
by the board or governing body of the agency or political subdivision having
jurisdiction of the same upon their completion;
6. An explanation that the financial security may be withdrawn upon
final completion of the improvements only after the written approval of the
board or following reduction of such security as provided in this chapter;
7. A provision that the applicant shall repair, at his sole cost
and expense, any hidden defects in design, workmanship and materials which appear
in the work within one year following acceptance by the county;
8. A provision requiring financial security for the warranty obligation
for specified improvements which shall be submitted to the board prior to withdrawal
of the original financial security;
9. The agreement may include a provision requiring the developer
to maintain each required public improvement for a period of one year following
acceptance of the dedication of that completed public improvement; and
10. Where temporary improvements are required, a provision agreeing
to maintain such improvements.
B. Covenants to run. The improvement agreement shall provide that the
covenants contained in the improvement agreement shall run with the land and
bind all successors, heirs and assigns of the developer. The agreement will
be adopted by the board and shall be recorded with the county recorder. (Ord.
801, 1998; Ord. 763, 1996; Ord. 516, 1990; Ord. 390, 1981; Ord. 158, 1967)
20.720.040 Site improvement permits.
A. Prior to the commencement of any work on improvements,
the developer shall obtain a site improvement
permit from the county engineer, accompanied
by a fee, as set by resolution of the board. All
costs for inspection services provided by personnel
not employed by the county engineering department
shall be contracted for and paid by the developer.
B. The developer's engineer shall provide as-built
construction drawings to the county engineer
and other applicable utility. (Ord. 801, 1998;
ord. 763, 1996; Ord. 516, 1990; Ord. 390, 1981;
Ord. 158, 1967)
20.720.050 Security for temporary improvements.
In the event that the developer has not entered
into an improvement agreement addressing temporary
improvements pursuant to section 20.720.020,
prior to construction of a temporary facility
or improvement, the developer shall file with
the county a separate improvement agreement and
a letter of credit, certificate of deposit or
cash in the amount appropriate for temporary
facilities, which agreement and credit or escrow
shall ensure that the temporary facilities will
be properly constructed, maintained and removed. (Ord.
763, 1996)
20.720.060 Remedies.
In those cases where an improvement agreement has
been executed and securities have been posted
and required public improvements have not been
installed within the terms of the agreement,
the county may then: A. Declare the agreement
to be in default and require that all the improvements
be installed regardless to the extent of the
building development at the time the agreement
is declared to be in default;
B. Suspend map approval until the improvements are
completed and record a document to that effect
for the purpose of public notice;
C. Obtain funds under the security and complete
improvements itself or through a third party;
D. Assign its right to receive funds under security
to any third party, including a subsequent owner
of the land to be divided for which improvements
were not constructed, in whole or in part, in
exchange for that subsequent owner's promise
to complete the required improvements; or
E. Exercise any other rights available under the
law. (Ord. 763, 1996)
20.720.070 Acceptance of dedication offers.
Acceptance of formal offers of dedication of streets, utilities,
public areas, easements, and parks shall be made
in accordance with adopted board policy, by the
board, commission or official authorized by this
title to approve the applicable map. The approval
of any map authorizing the division of land,
or approval of a site improvement or building
permit shall not be deemed to constitute or imply
the acceptance by the county or other entity
of any public improvement on the map. The county
engineer may require a final map to be endorsed
with the appropriate notes to this effect. (Ord.
801, 1998; Ord. 763, 1996; Ord. 641, 1994; Ord.
500, 1989)
20.720.080 Inspection and certification of improvements.
A. General procedure and fees. The county engineer
or building official, where applicable, shall
provide for inspection of required improvements
during construction and ensure their satisfactory
completion. Prior to the commencement of any
work, the developer shall obtain a site improvement
permit or building permit, where applicable,
and provide a fee set by resolution of the board.
All costs for inspection services provided by
personnel not employed by the county engineering
division shall be contracted for and paid for
by the developer. Where the improvements are
completed prior to approval of the applicable
map, such map shall not be signed by the county
engineer unless the inspection fee has been paid
at the time of application. No building permits
or certificates of occupancy shall be issued
until all fees are paid. If the county engineer
finds upon inspection that any one or more of
the required improvements have not been constructed
in accordance with the county's construction
standards, design criteria and improvement standards
and specifications, the applicant shall be responsible
for properly completing the improvements.
B. Notice of completion. The dedication of required
improvements will not be accepted, nor the amount
of any remaining security posted by the developer
be reduced until the county engineer or other
utility has submitted a notice of completion
stating that all required improvements have been
satisfactorily completed and until:
1. The applicant's engineer or surveyor has certified
to the county engineer and other utility, through
submission of a detailed "as-built" survey,
indicating location, dimensions, materials and
other information required by the county engineer,
that the layout of the line and grade of all
public improvements is in accordance with the
construction plans;
2. A title insurance policy has been furnished to
and approved by the county district attorney
indicating that the improvements have been completed,
are ready for dedication to the county and are
free and clear of any and all liens and encumbrances. Upon
such approval and recommendation by the county
engineer and district attorney, the board, commission
or official authorized by this code to approve
the applicable map shall thereafter accept the
improvements for dedication in accordance with
the established procedure.
3. A warranty bond or other form of security in
conformity with the provisions of sections 20.720.090
and 20.720.100 is posted for the warranty period. (Ord.
801, 1998; Ord. 763, 1996)
20.720.085 Warranty.
A. The developer shall warrant all improvements for
a period of one year, commencing on acceptance
of the last of the public improvements, and without
delay or cost to the county replace or reconstruct
any defective or otherwise unsatisfactory part
or parts of the improvements.
B. A warranty bond or other form of security acceptable
to the county shall be posted for the warranty
period for wastewater lines and facilities, water
lines and facilities, traffic signals and other
electrical facilities. The amount of the warranty
bond shall be equal to an amount established
by an approved engineer’s estimate for the cost
of replacement of the improvements. (Ord. 801,
1998)
20.720.090 Reduction of escrowed funds and security.
A. If the security posted by the developer was a
cash escrow, the amount of that escrow shall
be reduced upon actual acceptance as completed,
of public improvements and then only to the ratio
that the costs of public improvements for which
dedication was accepted bears to the total cost
of public improvements for the land division.
In no event shall a cash escrow be reduced to
less than ten percent of the original amount
unless and until a warranty bond or other form
of security established in the improvement agreement,
if required, is posted for the warranty period.
B. If the security provided by the developer was
a letter of credit, or a certificate of deposit
the county shall execute waivers of the county's
right to draw funds under the credit upon actual
acceptance of the dedication of public improvements
and then only to the ratio that the cost of the
public improvements for which dedication was
accepted bears to the total cost of public improvements
for the land division. No waivers may be executed
that would reduce the security below ten percent
of its original amount unless a warranty bond
or other form of security established in the
improvement agreement is posted for the warranty
period. (Ord. 801, 1998; Ord. 763, 1996)
20.720.100 Security for warranty of improvements.
In the event that the developer has not entered
into an improvement agreement pursuant to Section
20.720.020, he shall provide a warranty bond or
other acceptable form of security if required. The
amount of the warranty bond shall be equal to
an amount established by an approved engineer’s
estimate for cost of replacement of improvements. The
issuer of the security, as applicable, shall
be acceptable to the county. (Ord. 801, 1998;
Ord. 763, 1996)
20.720.110 Issuance of building permits and certificates of occupancy.
A. Except as otherwise provided in section 20.720.120
below, when an improvement agreement and security
has been required by this chapter, no certificate
of occupancy for any structure or facility built
on the project covered by such agreement shall
be issued prior to the completion of the required
public improvements and the acceptance and dedication
of the required improvements.
B. No building permits shall be issued for the final
ten percent of lots in a land division, or if
ten percent be less than two, for the final two
lots of the land division, until all required
improvements have been fully completed and the
developer's offer(s) to dedicate the improvements
have been accepted, by the appropriate authority. (Ord.
801, 1998; Ord. 763, 1996; Ord. 625, 1994)
20.720.120 Issuance of
building permits for model homes.
A. Building permits for up to four model homes may be issued within an
approved tentative subdivision map prior to the recording of the final map in
accordance with the following:
1. No more than four model homes may be located within a subdivision,
regardless of phasing or ownership. If a final map is recorded for the tentative
subdivision or phase within which they are located, certificates of occupancy
are issued and the homes sold, then the subdivider may apply for issuance of
a temporary use permit for the construction of model homes in a subsequent phase.
2. Adequate fire flows and emergency access to the site or sites
must be provided.
3. The applicant shall obtain a temporary use permit for the model
homes, and the department may impose reasonable conditions on the issuance of
such permit.
4. No certificates of occupancy shall be issued until the final
map or phase within which the model homes are located is recorded and all subdivision
improvements are complete and accepted. (Ord. 801, 1998; Ord. 763, 1996; Ord.
625, 1994)
