(a) The Subdivider shall provide for the construction and installation of all Public Improvements in the subdivision in accordance with the Project Documents and City Regulations.
(c) Notwithstanding any provision of this Code or the Public Works Code to the contrary, a Subdivider or Applicant may request from the Director a street improvement permit to initiate the construction of Public Improvements independent of or as part of the approval of a Transfer Map, Final Map, or Parcel Map. Said permit shall comply with the applicable provisions of this Code, including, but not limited to, Articles 5, 6, and 8
in regard to the submittals, design, review, approval, documentation, construction, security, and acceptance for said Public Improvements, including associated Improvement Plans. Fees for said permits shall be according to the Public Works Code Sections 2.1 et seq. unless modified by the Project Documents.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Following approval of the Tentative Map and prior to filing of the Final Map, the Subdivider's engineer shall submit grading and construction plans for any required Public Improvements to the Director for approval.
(b) Improvement Plans including grading plans and an erosion control plan, as appropriate, shall be prepared under the direction of a qualified and duly licensed professional civil engineer registered in the State of California.
(c) Improvement Plans shall conform to the Subdivision Regulations regarding format, size and contents.
(d) Any specifications supplementing the Standard Specifications shall be considered a part of the Improvement Plans.
(e) The Improvement Plans shall reflect the Public Improvements required under the Treasure Island and Yerba Buena Infrastructure Plan ("Infrastructure Plan"), attached to the DDA.
(1) The Infrastructure Plan may be amended or modified from time to time consistent with the provisions of the DDA and Development Agreement. In addition, amendments to the Infrastructure Plan shall be subject to the prior written approval of the City, acting by and through the Mayor or his or her designees, the Director (or successor City officer as designated by law), and the director of any affected City Agency.
(f) The Director shall act upon and review Improvement Plans within the time periods specified in Section 66456.2 of the SMA. The Director shall send a copy of the Improvement Plans to TIDA for its review. The Director's review of the Improvement Plans shall conform with the Project Documents and City Regulations. This time limit may be extended by mutual agreement.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) No construction of Public Improvements shall commence until Improvement Plans have been approved by the Director and appropriate City permits have been issued. Prior to issuance of any such permits, the City shall obtain temporary construction easements or rights-of-entry from the Subdivider or from third party purchasers from Subdivider to the same extent that Subdivider has retained a temporary construction easement or right-of-entry in the subject property, to the extent necessary to allow the City to complete construction of Public Improvements on private property should the Subdivider fail to do so and to allow for public use, if necessary, prior to City acceptance of such Public Improvements. Also, prior to issuance of any such permits, the City shall obtain an irrevocable offer of dedication of private property in fee title from the Subdivider or third parties where said property is designated for use as future public right-of-way in the Project Documents. The City, at its option, shall obtain an irrevocable offer of dedication of private property in fee title from Subdivider or third parties where Public Improvements will be constructed on said property. In addition, City also shall obtain from Subdivider an irrevocable offer of dedication of any Public Improvements constructed pursuant to the Project Documents, City Regulations and this Code.
(b) Notwithstanding Administrative Code Chapter 23, the Director of Property is authorized to enter into easements for a term of five (5) years or less for purposes of Subsection (a) above or other purposes associated with construction and use of Public Improvements as set forth in this Code.
(c) Construction of Public Improvements that are to be accepted by the City as Public Improvements or for public maintenance and liability purposes shall be subject to inspection by the Director. The Subdivider is responsible for paying the applicable engineering inspection fee as specified in the Public Works Code.
(d) Any work done by the Subdivider prior to issuance of appropriate City permits or approval of Improvement Plans, including changes thereto, or without the inspection and testing required by the Director is subject to rejection. Such work shall be deemed to have been done at the risk and peril of the Subdivider.
(e) The design and layout of all required improvements, both on-site and off-site, private and public, shall conform to the Project Documents, City Regulations and Tentative Map conditions consistent therewith.
(f) Installation of Underground Facilities. All underground facilities including sanitary and drainage facilities, and duct banks, and excepting survey monuments installed in streets, alleys or pedestrian ways shall be constructed, by the Subdivider and inspected and approved by the Director, prior to the surfacing of such street, alley or pedestrian way. Service connections for all underground utilities and sewers shall be laid to such length as will in the Director's opinion obviate disturbing the street, alley, or pedestrian way improvements when service connections are completed to properties in the subdivision.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
The Improvement Agreement shall include provisions consistent with the Project Documents and City Regulations, regarding extensions of time and remedies when improvements are not completed within the agreed time.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) The actual costs of inspecting the construction of improvements under Section 1747(b) of this Code shall be paid by the Subdivider.
(b) The actual costs of testing the materials incorporated in the improvements under Section 1747(b) of this Code shall be paid by the Subdivider.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Requests by the Subdivider for revisions to the approved Improvement Plans shall be submitted in writing to the Director, with a copy to TIDA, and shall be accompanied by drawings showing the proposed revision. The Director shall review and act expeditiously on all such submittals in accordance with Section 1746 hereof. If the revision is acceptable to the Director, and consistent with the Project Documents, City Regulations and Tentative Map, the Director shall initial the revised plans. Construction of any proposed revision shall not commence until revised plans have been received and approved by the Director.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) General. This Section shall only apply to Public Improvements that have not been completed or conditions that have not been fulfilled prior to filing a Parcel or Final Map. An agreement (the "Improvement Agreement") shall be approved by the Director, approved as to form by the City Attorney, and executed by the Director on behalf of the City. The Improvement Agreement shall be consistent with the Project Documents and City Regulations and shall provide for:
(1) Construction of all Public Improvements required pursuant to the Project Documents, City Regulations and conditions imposed on the Tentative Map or Parcel Map consistent therewith, including any required off-site improvements, within the time specified by Section 1751.1;
(2) Satisfaction of conditions precedent to the transfer of title to the City of all land and improvements required to be dedicated to or acquired by the City, if the City elects to defer transfer of title until after the Public Improvements have been completed consistent with the Project Documents and City Regulations, including any approved title exceptions as defined therein, which are or shall be specified herein;
(3) Payment of inspection fees in accordance with applicable City Regulations, consistent with the Project Documents;
(4) Improvement security as required by Section 1770;
(5) Maintenance and repair of any defects or failures of the required Public Improvements, and to the extent feasible removing their causes, prior to acceptance of the Public Improvements by the City or TIDA;
(6) Release and indemnification of the City from all liability incurred in connection with the construction and design of Public Improvements and payment of all reasonable attorneys' fees that the City may incur because of any legal action or other proceeding arising from the construction, except release and indemnification disallowed under the SMA or any other State or federal law pursuant to the procedures provided in the SMA;
(7) Payment by the Subdivider of all costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligations of the Improvement Agreement;
(8) Any other deposits, reimbursements, fees or conditions as required by City Regulations consistent with Project Documents, and as may be required by the Director;
(9) Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the SMA and this Code in accordance with the Project Documents and City Regulations.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
CODIFICATION NOTE
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