TITLE 16:  SUBDIVISIONS
   Chapter
      16.04.   GENERAL PROVISIONS
      16.08.   TENTATIVE MAPS
      16.12.   VESTING TENTATIVE MAPS
      16.16.   FINAL MAPS
      16.20.   PARCEL MAPS
      16.24.   GENERAL REQUIREMENTS AND IMPROVEMENTS
      16.28.   STATUTORY MERGERS
      16.32.   VOLUNTARY MERGERS
      16.36.   REVERSION TO ACREAGE
      16.40.   LOT LINE ADJUSTMENT
      16.44.   CERTIFICATES OF COMPLIANCE
      16.48.   NOTICE OF VIOLATION
CHAPTER 16.04:  GENERAL PROVISIONS
Section
   16.04.010   Purpose of title
   16.04.020   Advisory agency
   16.04.030   Definitions
   16.04.040   Applications
   16.04.050   Required mapping
   16.04.060   Compliance
   16.04.070   Monuments
§ 16.04.010  PURPOSE OF TITLE.
   This title is enacted for the following purposes:
   (A)   Adopt regulations to supplement and implement the Subdivision Map Act of the State of California (Cal. Gov’t Code, Title 7, Division 2, commencing with § 66410) and may be cited as the “Subdivisions Ordinance of the Town of Fairfax”;  (In instances where this chapter is in direct conflict with the Subdivision Map Act, the latter shall control.)
   (B)   Implement the Fairfax general plan, any planned development plan or specific plan and zoning ordinance; and
   (C)   Establish reasonable standards of design and reasonable procedures for subdivision and resubdivision in order to further the orderly layout and use of land and insure proper legal descriptions and monumenting of subdivided land.
(Prior Code, § 16.02.010)  (Ord. 670, passed - -1998)
§ 16.04.020  ADVISORY AGENCY.
   The Planning Commission of the town is designated as the “advisory agency” as that term is used in the Subdivision Map Act and this title and shall have all of the powers and duties specified in the Subdivision Map Act and in this title.
(Prior Code, § 16.02.020)  (Ord. 670, passed - -1998)
§ 16.04.030  DEFINITIONS.
   The definitions below and contained in the Subdivision Map Act shall apply to the terms used in this title unless the context otherwise dictates.
   ADVISORY AGENCY.  The town’s Planning Commission.
   APPROVAL.  Favorable action on a map, with any conditions by the review authority, prior to the expiration date specified by law.  Previous favorable action on a map which has expired or time extension thereof, which has expired, does not constitute approval.
   APPROVED ACCESS.  A way or means of vehicular approach to a parcel from either an abutting public road or from a private road, street or right-of-way approved by the town.
   CONDOMINIUM.  Condominium, community apartment, stock cooperative as defined in Cal. Civil Code § 1351(d)(f)(m) and undivided interest project which is defined as any parcel of land containing five or more residential dwelling units in which five or more individuals own an undivided interest coupled with the right of exclusive occupancy of any unit located thereon.
   DESIGN.  Standards relating to the following:
      (1)   Street alignments, grades and widths;
      (2)   Drainage and sanitary facilities, utilities and flood control projects including sizes, alignments and grades thereof;
      (3)   Location and size of all required easements and rights-of-way, existing or future;
      (4)   Fire roads and firebreaks;
      (5)   Lot size and configuration, including proposed building setbacks;
      (6)   Access;
      (7)   Grading and erosion control including retaining structures and other permanent slope stabilization measures;
      (8)   Land to be dedicated for park, open space or recreational purposes;
      (9)   Land to be dedicated for public access to public resources; and
      (10)   Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan, any applicable specific plan or any other provision of the Fairfax town code.
   ENVIRONMENTAL SUBDIVISION.  A subdivision of land pursuant to Cal. Gov’t Code § 66418.2 for biotic and wildlife purposes that meets all of the conditions specified in Cal. Gov’t Code § 66417.2(b).
   FINAL MAP.  The map or recording instrument for a major subdivision.  A FINAL MAP may also be used to record a minor subdivision at the option of either the subdivider or the town.
   FRONTAGE.  The property line abutting on a street.
   IMPROVEMENT.
      (1)   Any street work, curbs, gutters, sidewalks, utilities and the like which is:
         (a)   Installed or agreed to be installed on the land by a subdivider as a condition precedent to approval and acceptance of a final or parcel map;
         (b)   To be used for public or private streets, highways, rights-of-way, flood control projects, utilities or easements; and
         (c)   Necessary for the general use of the parcel or lot owners in the subdivision and the provision of adequate traffic and circulation and water drainage.
      (2)   Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the review authority or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
   LOT.  A parcel of land having frontage on a street and which meets the zoning regulations for width and area of the zoning district in which the property is located, or for which a variance or exception to the required width or area is in effect.
   LOT LINE ADJUSTMENT.  A relocation of a property line between existing parcels which would not result in a greater number of parcels than existed previously.
   MAJOR SUBDIVISION.  A subdivision of land creating five or more parcels or a condominium project having five or more condominiums units.
   MERGER, VOLUNTARY.  The process by which an owner initiates an action to combine contiguous parcels of land owned by the owner,
pursuant to Cal. Gov’t Code § 66499.203/4 and Chapter 16.32 of this title.
   MINOR SUBDIVISION.  A subdivision of land where the subdivision would create four parcels or fewer or four or fewer condominiums.
   PARCEL.  A contiguous measure of real property, owned as a single unit, which was established legally under the subdivision regulations in force at the time of its creation.  Easements, public or private roadways and conveyances do not constitute parcels of land.
   PARCEL MAP.  The map and recording instrument for a minor subdivision or any other subdivision wherever allowed by the Subdivision Map Act.
   PEDESTRIAN WAY.  Sidewalks, public thoroughfares and public access.
   REVIEW AUTHORITY.  The body that has final approval authority for an action pursuant to this chapter.
   SUBDIVIDER.  A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for herself, himself or for others.  A consultant, engineer or surveyor who does not hold title to the land is not considered a subdivider.
   SUBDIVISION.  The division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future.  Property shall be considered as contiguous units even if separated by roads, streets, utility easements or railroad rights-of-way. SUBDIVISION includes a condominium project.  A conveyance of land for rights-of-way to a governmental agency, public entity, public utility or
subsidiary of a public utility shall not be considered a division of land for purposes of computing the number of parcels.  SUBDIVISION does not include those exclusions in Cal. Gov’t Code § 66412.
   TENTATIVE MAP.  A map submitted for approval for a major subdivision or minor subdivision.
   TOWN STANDARDS.  Improvement standards set forth in this title or otherwise adopted by the town.
   TOWN ENGINEER.  The Town Engineer of the Town of Fairfax.
   VESTING TENTATIVE MAP.  A tentative map for a residential subdivision that, when filed with the town, has conspicuously printed on its face the words “vesting tentative map.”  Such a map confers rights as set forth in Cal. Gov’t Code § 66498.1.
(Prior Code, § 16.02.030)  (Ord. 670, passed - -1998)
§ 16.04.040  APPLICATIONS.
   The regulations established by this title shall apply to all subdivisions and lot line adjustments, or parts thereof, lying wholly or in part within the incorporated territory of the town and are declared to be the minimum reasonably necessary to promote and protect the public health, peace, morals, comfort and general welfare and for the accomplishment thereof.  The regulations of this title shall be inapplicable to the matter set forth in Cal. Gov’t Code §§ 66412, 66412.1, 66412.2 and any other divisions of land which may hereafter be exempted from the provisions of the Subdivision Map Act.
(Prior Code, § 16.02.040)  (Ord. 670, passed - -1998)
§ 16.04.050  REQUIRED MAPPING.
   All subdivisions shall require a tentative map or a vesting tentative map, except where exempted by the Subdivision Map Act, Cal. Gov’t Code §§ 66412, 66412.1, 66426 and 66428.  All major subdivisions shall be recorded with a final map.  All minor subdivisions shall be recorded with a parcel map or a final map, except as provided in § 16.20.090.
(Prior Code, § 16.02.050)  (Ord. 670, passed - -1998)
§ 16.04.060  COMPLIANCE.
   (A)   No land shall be used, nor any building be constructed, on any lot or parcel not in conformance with this title.
   (B)   No permit for construction of a building or the use of land shall be issued on a parcel of land which does not comply with the provisions of the general plan, this title and the Subdivision Map Act.
   (C)   At the time of issuance of a permit, if required by the town, the applicant shall submit evidence that the parcel of land complies with this title and the mandatory provisions of the current Subdivision Map Act, and a certification from the Marin County Environmental Health Department as to the adequacy of the parcel to meet sanitary requirements.
(Prior Code, § 16.02.060)  (Ord. 670, passed - -1998)
§ 16.04.070  MONUMENTS.
   Centerline monuments shall be located, identified and inspected as set forth in this section.
   (A)   Location of monuments.
      (1)   Street, alley and way centerline monuments shall be set to mark the intersections of streets, intersections of streets with alleys or ways, intersections of alleys with alleys or ways or at the intersection of any street, alley or way with a tract boundary.
      (2)   Street centerline monuments shall also be set to mark the beginning and end of curves or the points of intersection of tangents thereof.
      (3)   The centerline monuments shall be of not less than three-quarters inch iron pin at least 30 inches long set in the subgrade.
      (4)   A monument box and cover in conformance with town general requirements and improvements shall be set above the monument with top of the box flush with the finish.
   (B)   Alternative locations.
      (1)   In the event that, due to the construction of subdivision improvements or the location of trees or other physical features, the monuments specified above cannot be located at the points specified, a reference monument or monuments shall be set subject to the approval of the Town Engineer.
      (2)   Notes as to the location of the monument or monuments with reference to the referenced point shall be furnished to the Town Engineer.
   (C)   Monument identification.  All monuments set as required herein shall be permanently marked or tagged with the registration or license number of the civil engineer or land surveyor under whose supervision the survey was made.
   (D)   Monument inspection.  All monuments shall be subject to inspection and approval by the Town Engineer.
(Prior Code, § 16.02.070)  (Ord. 670, passed - -1998)