23.17.030 Completion of improvements.
A. Subdivisions of Five or More Parcels. The improvements for subdivisions of five or more parcels shall be completed by the subdivider within 12 months, or such later time as approved by the Department of Public Works, not to exceed 36 months, from the recording of the final map, unless an extension is granted as provided herein.
Should the subdivider fail to complete the improvements within the specified time, the county may, by resolution of the Board of Supervisors and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.
B. Subdivisions of Four or Fewer Parcels.
1. Whenever improvements are required to be constructed as a condition of approval of a parcel map, requirements for the construction of such improvements shall be notified by certificate on the parcel map and by recording a covenant of improvement requirements. The Planning Commission may require that the subdivider enter into a secured agreement to construct all or part of the required improvements. The construction of such improvements shall be completed prior to subsequent issuance of a permit or other grant of approval for the development of the parcels being created or at a time specified pursuant to an agreement between the subdivider and the county.
2. Agreement to Improve. If, as a condition of approval of a parcel map, the subdivider has been required to enter into an agreement to construct or install improvements required under this title, the subdivider shall provide a good and sufficient improvement security as defined in Cal. Gov’t. Code § 66499 in the amounts provided in SCC 23.17.010. The subdivider shall prepare detailed plans and specifications of the improvements to be constructed. After said plans and specifications have been approved by the Director of Public Works, such plans and specifications shall be made a part of any such agreement and of the improvement security.
3. Covenant of Improvement Requirements. In addition to the certificate of improvements under SCC 23.07.010, as noticed on the parcel map, the subdivider shall execute a covenant of improvement requirements to be filed in the office of the County Recorder. This document shall act as constructive notice of the improvements required and the time of their completion.
4. All required improvements shall be inspected and approved by the Director of Public Works. Improvements shall be installed in accordance with the county’s standards and specifications and the county’s grading regulations approved by the Board of Supervisors and on file in the office of the Public Works Department.
5. Release of Improvement Requirements. Upon satisfactory completion of the improvements as noticed on the parcel map by the certificate of improvements, a request may be made to have the county file a release of improvement requirements in the office of the County Recorder. The person or persons requesting the release of improvement requirements to be filed shall submit such requests in writing to the Department of Public Works along with satisfactory proof that the improvements are completed. The recording of this release of improvement requirements will be constructive notice to any government agency when an application for a development permit or other grant of approval for the development of any of the parcels of a parcel map is made.
C. Extensions. The completion date may be extended by the Director of Public Works Department upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made prior to expiration of the subdivision improvement agreement.
The subdivider shall enter into a subdivision improvement agreement extension with the county. The agreement shall be prepared by the Department of Public Works, approved as to form by the County Counsel, executed by the subdivider and surety and transmitted to the Board of Supervisors for its consideration. If approved by the Board, the Clerk to the Board shall execute the agreement on behalf of the county.
In consideration of a subdivision improvement agreement extension, the following may be required:
1. Revision of improvement plans to provide for current design and construction standards when required by the Department of Public Works.
2. Revised improvement construction estimates to reflect current improvement costs as approved by the Department of Public Works.
3. Increase of improvement securities in accordance with revised construction estimates.
4. Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.
The Board of Supervisors may impose additional requirements as recommended by the Department of Public Works or as it may deem necessary as a condition to approving any time extension for the completion of improvements.
The subdivider shall pay a fee in an amount set by the Board of Supervisors.
D. As-Built Plans. Upon completion of the improvements, the subdivider shall submit to the Department of Public Works a reproducible set of as-built improvement plans. (Formerly 23.17.003)