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HomeMy WebLinkAbout50. . %W 6 VJ CRD I v r�N c E IT 0. 50 AN ORDINANCE OF THE TOWN OF LOS :ALTOS HILLS FROVIDING FOR DRAINAGE IMPROVETMNT SERVING SUBDIVISIONS, FOR PAYMENTS R-u",UIRED UNDER !?FFU^iDING AGREEMENTS, .:02 r.'DIC"TION OF RIGHTS-OF-WAY FOR DRAINAGE, FOR IMPROVEMENT OF PUBLIC STREETS ADJACENT TO SUBDIVISIONS, AND FOR SLVERABILITY OF THE PROVISIONS HEREOF, AIMENDING SUB -SECTION "C" OF PARAGRAPH 5:10 OF SECTION V OF ORDIN TOE NO. 35, REPEALING ORDINANCES NOS. 39, 41, 43, 45, 46, and 49. - THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION I: Except as hereinafter provided, any person, firm, corporation or other entity desiring to divide into two or more parcels an area of land or contiguous parcels then in one ownership, as shown upon the last assessment roll, shall install street and drainage facili- ties, and shall dedicate such rights-of-way and make such payment as hereinafter provided. SECTION II: Storm water sewers and structures shall be in- stalled in subdivisions and outside of subdivisions to provide for the discharge of water from such subdivisions into a water course as re- quired by the City Engineer and the Santa Clara County Flood Control District. Such facilities shall be constructed in the locations and to the grades and specifications approved by the City Engineer. If storm water from a subdivision is to be discharged onto adjacent land, the subdivider shall deliver to the City Clerk covenants by the owners of such adjacent lendand all other affected lands, binding on the heirs and assigns of such owners, to accept such water at the loca- tions proposed and forever relieving the Town of Los ..ltos Hills of any liability for damage resulting therefrom. Such covenant shall be subject to approval by the City Engineer and City attorney. The sub- divider shall dedicate a right-of-way for storm drainage purposes con- forming substantially with the lines of any natural water course or channel, stream or creek that traverses the subdivision, or, at the option of the subdivider if approved by the City Engineer, provide by dedication further and sufficient easements or construction or both, to dispose of such surface and storm wator. Such dedications shall not be accepted by the Town of Los altos Hills until the required im- provements have been completed or an adequate bond posted as herein- after provided. The subdivider shall be required to pay all reason- able amounts due from him under the terms of refunding agreements duly executed by the Town of los Altos Hills concerning drainage facili- ties serving his property. SECTION III: The subdivider shall grade and surface, to widths, grades, and specifications set forth in the Town Standards or other applicable ordinances, one-half (viz) width, measured from surveyed centerline of the right-of-way toward the subdivided land, of all then existing public streets contiguous to such subdivision. 14hen he deems it appropriate, the City Engineer may require, in lieu of such im- provement of one-half (h) width, improvement of the entire width of such 10-6-58 �W i0 WJ streets, for one-half of the distance which the subdivider would other- wise be required to improve. The street improvement requirements en- acted herein are declared to be independent of and in addition to any other improvement requirements of the Town.. of I.os Altos Hills as may be set forth in other ordinances, SRCTION IV: The subdivider shall provide a bond with a satisfactory surety and in an amount deemed reasonable by the City Engineer and in a form satisfactory to the City Attorney to assure performance of the satisfactory construction of all facilities re- quired under the terms of this Ordinance, and for the maintenance thereof, except as to Acts of God of unusual nature, for a period of one (1) year after installation. SECTION V: No final map shall be approved until such bond has been furnished, or such facilities have been completed to the satisfaction of the City Engineer. SECTION VI: The City Council of the Town of Los Altos Hills may, where it is deemed the public welfare would not be prejudiced, and an extreme hardship exists, waive or modify any requirement of this Ordinance, provided the purposes hereof are not there defeated. SECTION VII: Sub -section "C" of `raragraph 5:10 of Section V of Ordinance No. 35 of the Town of Los Altos Hills is amended to read as follows: (C) The City Council shall not approve any Final Map until an agreement in writing has been submitted to the City Council support- ed by Bond or Cash, or both and approved by the City Attorney whereby the owner or subdivider has agreed to make in -tract improvements in accordance with engineering plans arnroved by the City Engineer, or until such improvements have been completed to the satisfaction of the City Engineer, whichever is the earlier. SCTION VIII: 3xcent as herein amended, Ordinance No. 35 is continued in full force and effect. SECTION IX: Ordinance No. 39, Ordinance 7o. 41, Ordinance No. 43, Ordinance No. 45, Ordinance No. 46, Ordinance No. 4'j are here- by repealed. SECTION X: If any section, sub -section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconsititutional by the decision of any court of competent jurisdict- ion, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the Town of Los Altos Hills, State of California, hereby declares that it would have passed this Ordinance and each section, sub -section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub -sections, clauses or phrases be delcered invalid or un- constitutional S'CTION XI: This Ordinance shall be posted in three (3) public places in the Town of Los Altos Hills and shall become effective thirty (30) days after its adoption. -2- to-6-58 PASSED AND ADOPTED by the City Council of the Town of Los Altos Hills this 6% day of October , 1958 by the Following vote: AYES: Councilmen Bledsoe, Clayton, Sherlock, Treat, Mayor Fowle NOES: None ABSTAINED: None ABSENT: None C<ERTiRED A 11oe Copy City Cle t ` City :uk -3- 10-6-58