Chapter 16.32
PUBLIC IMPROVEMENTS
Sections:
16.32.010 Installment requirements.
16.32.030 Construction or surety/bond approval.
16.32.040 Off-site improvements and unimproved abutting streets.
16.32.060 Inspection certification.
16.32.100 Maintenance agreement.
16.32.110 Required maintenance.
16.32.010 Installment requirements.
The subdivider shall be financially responsible for installation of all public facilities required for approvals of land divisions in this title and for certain maintenance and warranting all work and materials for a period of two years following installation and acceptance by the city of Cashmere.
A. Before approval of a final plat, final binding site plan, final subdivision, or final short plat, the subdivider shall either fully construct all required improvements or provide assurances and guarantees that all required improvements are installed and operating as designed.
1. Installation shall be completed within one year after approval of the preliminary plat, binding site plan, subdivision or short plat and before any building permits are issued to any lot within the development area.
2. The subdivider may propose a phased installation so long as each phase can be constructed as a complete operational unit without interfering with the operations of earlier phases. Any proposal to phase shall be made prior to the start of any work and must be accepted by the city.
B. Guarantees by the subdivider may include a surety bond, cash deposit or other approved contract as specified by CMC 16.32.030 and 16.32.120. (Ord. 1119 § 1, 2008; Ord. 944 §§ 20, 47, 1999; Ord. 888 § 1, 1996).
16.32.020 Design and review.
All required public improvements and private streets shall be designed by a licensed civil engineer to meet or exceed the minimum specification of the Cashmere Design Standards Manual and shall be approved by the planning/public works director. Review of public improvements will be done along with development review in accordance with CMC Title 14. (Ord. 1119 § 1, 2008; Ord. 944 § 21, 1999; Ord. 888 § 1, 1996).
16.32.030 Construction or surety/bond approval.
Preliminary plat or binding site plan approval or approval of final plans of public improvement by the planning/public works director, whichever occurs last, shall constitute approval to start construction of required public improvements. In lieu of construction of improvements, a subdivider may provide a surety equal in value to not less than 125 percent of the contract cost of the deferred improvements or as estimated by a licensed professional engineer and approved by the planning/public works director. The surety shall cover all improvements required as a condition of approval, including but not limited to streets, utilities, drainage facilities, landscaping, walkways, paths and recreation facilities. The surety shall be in a form approved by the city attorney. (Ord. 1119 § 1, 2008; Ord. 944 §§ 22, 47, 1999; Ord. 888 § 1, 1996).
16.32.040 Off-site improvements and unimproved abutting streets.
All off-site improvements and unimproved abutting streets necessary to the development shall be constructed except as noted below. Latecomers agreements, in accordance with Chapter 35.91 RCW, may be drawn for those portions of off-site improvements and abutting streets built by the subdivider which benefit other properties. (Ord. 1119 § 1, 2008; Ord. 888 § 1, 1996).
16.32.050 Exceptions.
A. Off-site improvements not immediately required to support the development may be deferred with an approved surety and/or waiver of protest of a future local improvement district established for construction of the improvement or other such agreement.
B. A waiver of protest shall be required for all abutting unimproved streets not constructed by the subdivider. (Ord. 1119 § 1, 2008; Ord. 888 § 1, 1996).
16.32.060 Inspection certification.
The subdivider shall provide certification to the city of the methods of construction, workmanship, materials and test of improvements. Certification shall be by a licensed professional engineer. The planning/public works director or his designee shall make periodic and final inspections of all constructed public improvements and may reject uncertified workmanship or materials. (Ord. 1119 § 1, 2008; Ord. 944 §§ 23, 47, 1999; Ord. 888 § 1, 1996).
16.32.070 As-built drawings.
Within 30 days of certification, the subdivider shall provide the city with as-built drawings prepared by a licensed professional engineer, warranties, and other documents of the improvements and materials used therein. (Ord. 1119 § 1, 2008; Ord. 944 §§ 24, 47, 1999; Ord. 888 § 1, 1996).
16.32.080 Maintenance period.
The subdivider shall be responsible for the maintenance and repair of all public improvement for a 24-month warranty period following final inspection and certification. (Ord. 1119 § 1, 2008; Ord. 944 §§ 25, 47, 1999; Ord. 888 § 1, 1996).
16.32.090 Acceptance.
Public improvements shall be deemed accepted by the city of Cashmere two years from the date of final inspection and certification. In the event that flaws in workmanship or materials occur during the 24-month warranty period, final acceptance may be extended by city council action on recommendation by a licensed professional engineer. (Ord. 1119 § 1, 2008; Ord. 944 § 26, 1999; Ord. 888 § 1, 1996).
16.32.100 Maintenance agreement.
The subdivider shall submit a maintenance agreement covering all required new public improvements and existing public improvements located within the development area which may be damaged, disturbed, or modified during construction of the subdivision or private improvements therein. The city may perform maintenance on any public improvement if the subdivider fails to complete the work within the specified time or if timely completion is necessary for public health, safety or welfare. Maintenance performed by the city during the required maintenance period does not waive the subdivider’s responsibility for required maintenance. (Ord. 1119 § 1, 2008; Ord. 944 §§ 27, 47, 1999; Ord. 888 § 1, 1996).
16.32.110 Required maintenance.
Maintenance and repair shall be inclusive of any work and materials necessary to correct all deficiencies resulting from improper construction or faulty materials used in construction and for any damages that may occur during construction of subsequent phases. The subdivider shall complete any required maintenance within a reasonable time as determined by the planning/public works director or reimburse the city of Cashmere for maintenance it might perform. (Ord. 1119 § 1, 2008; Ord. 944 §§ 28, 47, 1999; Ord. 888 § 1, 1996).
16.32.120 Maintenance surety.
The subdivider shall submit a surety to cover maintenance of all public improvements during the 24-month warranty and maintenance period. The surety shall be equal in value to 15 percent of the total value of the required public improvements as determined by a licensed professional engineer. (Ord. 1119 § 1, 2008; Ord. 944 §§ 29, 47, 1999; Ord. 888 § 1, 1996).
16.32.130 Reinspection.
The subdivider shall have all public improvements inspected by a licensed professional engineer one month prior to the end of the warranty and maintenance period and document the inspection in a report. (Ord. 1119 § 1, 2008; Ord. 944 §§ 30, 47, 1999; Ord. 888 § 1, 1996).