Chapter 21.20
REQUIREMENTS
Sections:
21.20.020 Drainage improvements.
21.20.030 Restoration and reclamation activities.
21.20.050 Site development and restoration.
21.20.090 Section 309 financial guarantees.
21.20.100 Moved and temporary buildings.
21.20.010 General.
The following provisions set forth special financial guarantee requirements for certain improvements required pursuant to KMC Titles 12, 13, 15, 17 or 18 (or their successors). [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.010).]
21.20.020 Drainage improvements.
Financial guarantees for drainage improvements pursuant to KMC Title 13 shall be sufficient to cover the time and cost of any:
A. Monitoring required by approved plans and conditions;
B. Department review of monitoring results and reports; and
C. Corrective work on or off the project site which is necessary to provide drainage control consistent with approved plans and conditions, stabilize and restore disturbed areas and remove sources of any hazard associated with work which is in progress but is not completed. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.020).]
21.20.030 Restoration and reclamation activities.
A. Financial guarantees for restoration and reclamation activities required pursuant to KMC Titles 15 and 18 shall be sufficient to cover the cost of conformance with conditions of the permit, including corrective work necessary to provide drainage consistent with approved plans and conditions, to remove geologic hazards, and to protect water quality and the public health, safety, and welfare. The financial guarantee may be reduced proportionately for phased projects as work is complete and subsequent reclamation and/or restoration on each phase is completed. The request for reduction shall be in writing.
B. Financial guarantees may be waived on:
1. Projects of less than 1,000 cubic yards;
2. City of Kenmore department projects; and
3. Reclamation projects with financial guarantees posted with the State of Washington Department of Natural Resources or with the Federal Office of Surface Mining.
C. A cash guarantee shall accompany the operating permit and may be used after proper notice at the discretion of the director to correct deficiencies affecting public health, safety and welfare, including effects on water quality. The amount of the cash guarantee shall be determined by the director, and shall be maintained at the full value established by the director at all times during the life of the permit. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.030).]
21.20.040 Rights-of-way.
Financial guarantees for any right-of-way improvement required pursuant to KMC Title 12 shall be sufficient to cover the cost of restoring the right-of-way to original condition or complying with conditions of any permit or approval, including corrective work necessary to provide drainage consistent with approved plans and conditions, and to protect the public health, safety and welfare. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.040).]
21.20.050 Site development and restoration.
A. Financial guarantees for any improvement required pursuant to KMC Titles 15, 17, or 18 (or their successors) shall be sufficient to cover the cost of complying with conditions of the permit or approval, including corrective work necessary to provide drainage consistent with approved plans and conditions, to remove geologic hazards, and to protect water quality and the public health, safety, and welfare. Such financial guarantees shall include site restoration and stabilization requirements.
B. No temporary certificate of occupancy shall be issued until:
1. Drainage facility improvements are functional;
2. Required parking is provided; and
3. Safe access is provided.
C. The director may allow a performance guarantee to be posted for some or all of the improvements required by subsection (B) of this section if no life safety hazard exists. The request shall be made in writing, accompanied by a schedule for completion of required improvements. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.050).]
21.20.060 Subdivisions.
A. Pursuant to RCW 58.17.130, an applicant may request recording of a subdivision prior to the completion of the construction of required improvements subject to the posting of a performance financial guarantee. Performance guarantees for subdivisions which record prior to completing all improvements shall be subject to the following requirements:
1. A performance guarantee shall be posted with the department in an amount equal to the director’s estimate for such improvements as assurance that the applicant will, within two years from the date of recording of the final subdivision, complete the improvements in accordance with the requirements and to the satisfaction of the development engineer (as defined in KMC Title 17 or its successor);
2. Requests for performance guarantees shall be in writing, shall be correlated with the original terms and conditions of preliminary approval, and shall be accompanied by a detailed schedule for completion of the improvements and conditions;
3. Performance guarantees for improvements required pursuant to KMC Title 17 (or its successor) shall be sufficient to cover the cost of conformance with conditions of the preliminary approval and approved construction plans, including corrective work necessary to protect the public health, safety, and welfare;
4. Maintenance guarantees and defect guarantee shall be posted with the director:
a. Prior to final construction approval and recording of the final plat when the applicant has constructed improvements in accordance with the approval of the director and the development engineer, or
b. Prior to final construction approval and the release of performance guarantees when the applicant has previously recorded the plat;
5. Maintenance guarantees and defect guarantees shall be released following a final maintenance and defect inspection and, if applicable, acceptance of the facilities for City maintenance. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.060).]
21.20.070 Landscaping.
A. Prior to receiving a temporary or permanent occupancy certificate for any building or structure for which KMC Title 18 requires landscaping, an applicant shall provide the required performance guarantee to secure the completion and improvement of required landscaping, in accordance with approved site plan, within three months following issuance of the building or buildings temporary or permanent occupancy certificate, whichever comes first.
B. Performance guarantees for landscaping required pursuant to Chapter 18.35 KMC shall be sufficient to cover the cost of conformance with conditions of the permit, and shall be required for a period of two years after the planting or transplanting of vegetation to insure proper installation, establishment and maintenance. This time period may be extended by one year by the director, if necessary to cover a planting and growing season.
C. The director may extend the time limit for compliance with the above landscaping requirement up to one year after issuance of the occupancy certificate if circumstances beyond the control of the applicant warrant an extension. The request for an extension shall be in writing, accompanied by a schedule for completion of remaining work. [Ord. 11-0329 § 15; Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.070).]
21.20.080 Critical areas.
A. Financial guarantees for mitigation required pursuant to Chapter 18.55 KMC shall be sufficient to guarantee that all required mitigation measures will be completed no later than the time established by the City of Kenmore in accordance with Chapter 18.55 KMC.
B. Performance and maintenance guarantees shall also be required for restoration of a critical area or buffer not performed as part of a mitigation or maintenance plan except that no financial guarantee shall be required for minor stream restoration carried out pursuant to Chapter 18.55 KMC.
C. For maintenance guarantees associated with mitigation, corrective work, restoration or enhancement, the financial guarantee shall be sufficient to cover the time and cost to guarantee satisfactory workmanship, materials and performance of structures and improvements required by Chapter 18.55 KMC and any monitoring of those structures and improvements required by approved plans and conditions.
D. Public development proposals shall be relieved from having to comply with the provisions of this section if public funds have previously been committed for mitigation, maintenance, monitoring or restoration. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.080).]
21.20.090 Section 309 financial guarantees.
Financial guarantees required pursuant to Section 309 of the King County modifications to the current Uniform Building Code shall be in the form of cash deposited with the director, assignment of funds approved by the director, or in an irrevocable escrow in an amount sufficient to restore the building and site, and to perform corrective work required by KMC Title 15. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.090).]
21.20.100 Moved and temporary buildings.
Financial guarantees required with respect to moved or temporary buildings pursuant to Section 104(e) of the King County modifications to the current Uniform Building Code shall be in the form of cash deposited with the director, assignment of funds approved by the director, or in an approved irrevocable escrow in a sufficient amount to be determined by the director. [Ord. 99-0058 § 1; Ord. 98-0020 § 1 (KCC 27A.40.100).]