Chapter 14.16
BONDING
Sections:
14.16.020 Performance bond or surety required as a condition of approval.
14.16.040 Performance bond waivers.
14.16.050 Bonding for fire apparatus roads.
14.16.060 Improvement agreement.
14.16.010 Purpose.
The purpose of this chapter is to provide a means to assure that the terms and conditions of approval, established and agreed upon after review of development under the Chelan County Code, are actually and properly complied with and implemented in a timely fashion. The provisions shall apply except where otherwise provided for in the Chelan County Code. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2002-10 (part), 1/15/02: Res. 2000-126 (part), 10/17/00).
14.16.020 Performance bond or surety required as a condition of approval.
As a condition of approval of the issuance of any development permit or any permit issued under the Chelan County Code, the administrator may require security for the performance and completion of any proposed or required condition of approval. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2002-10 (part), 1/15/02: Res. 2000-126 (part), 10/17/00).
14.16.030 Criteria.
(1) The performance bond or surety shall be approved by the administrator and shall be in a form acceptable to the Chelan County prosecuting attorney and the director of the affected department or agency.
(2) The review authority shall determine the specific type of performance bond or surety to be used. The value of this device shall be equal to at least one hundred fifty percent of the estimated cost of the improvement(s) to be performed, to be utilized by the county to perform any necessary work, to reimburse the county for performing any necessary work, and to reimburse the county for documented administrative costs associated with action on the device. To determine this value, the applicant must submit two cost estimates for the improvements to be performed. If costs incurred by the county exceed the amount provided by the assurance device, the property owner shall reimburse the county in full, or the county may file a lien against the subject property for the amount of any deficit.
(3) Upon completion of the required work by the property owner and approval by the county at or prior to the completion date(s) identified in the assurance device, the county shall promptly release the device.
(4) If the performance bond or surety is required, the property owner shall provide the county with an irrevocable notarized agreement granting the county and its agents the right to enter the property and perform any required work remaining uncompleted at the expiration of the completion date(s) identified in the assurance device. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.16.040 Performance bond waivers.
Pursuant to Chapter 36.32 RCW, Chelan County shall not require any state agency, unit of local government, gas company or public utility district (as defined in RCW 80.04.010) to secure the performance of a permit requirement with a performance bond or surety as a condition of issuing a permit or approval for a building project. The administrator may, however, require such state agency, unit of local government, gas company or public utility district to sign an agreement to complete required improvements and protect the county’s rights and duty to remedy unsatisfactory performance. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.16.050 Bonding for fire apparatus roads.
The surety bond posted for a fire apparatus road shall be pulled and used for the construction of said fire apparatus road upon the submittal of the first building permit application for any of the lots that the road is to provide access for. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).
14.16.060 Improvement agreement.
(1) Private facilities may be bonded, as required by the administrator or hearing examiner decision.
(2) Prior to final approval of any short subdivision, major subdivision, binding site plan, cluster subdivision, or any other land division reviewed pursuant to Title 12, the applicant shall either install all required improvements and repair any existing streets or other facilities damaged in the development of the land division or shall execute and file an agreement with the county specifying the work to be accomplished within a period of time acceptable to the county within which the applicant shall complete all improvement work to the satisfaction of both the county engineer and the administrator. The applicant(s) shall furnish the county with a performance bond or other surety to guarantee the proper completion of all public improvements. Such surety shall be in conformance with this title and posted in an amount equal to one hundred fifty percent of the estimated costs of the outstanding work, and in a form approved by the county prosecuting attorney. Responsible surety shall be in a form acceptable to the prosecuting attorney. The term of the improvement agreement shall not exceed one year from the date of filing of the final plat. If the applicant fails to complete the required work within the prescribed time period, the county shall complete the same and recover the full cost and expense thereof from the applicant or his surety. All improvements are subject to inspection and approval by the county engineer and the administrator.
(3) The improvement agreement may provide for construction of the improvements in units or phases; for extensions of time under the conditions and circumstances specified therein; for the termination of the agreement upon completion of the improvements deemed by the county engineer and the administrator to be equivalent to the improvements specified in the improvement agreement; for progressive remittances to the applicant from any deposit funds which the applicant may have made in lieu of posting a surety bond; provided, however, that no progress payments in excess of ninety percent of the value of any installment work shall be made prior to final project acceptance. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2012-78 (part), 8/14/12: Res. 2010-68 (part), 7/13/10).