Chapter 16.08 CONSTRUCTION/IMPROVEMENTS

Chapter 16.08
CONSTRUCTION/IMPROVEMENTS

Sections:

16.08.030 Bond in lieu of construction limitations.

16.08.040 Improvements – Completion and guarantee.

16.08.050 Improvements – Actual construction security for maintenance bond and warranty.

16.08.010 Purpose.

The purpose of this chapter is to set forth the criteria, standards and requirements for the review and approval of construction improvements, subsequent to preliminary approval of a land division. (Ord. 08-029 § 2).

16.08.020 Improvements – Construction.

After preliminary approval has been granted, construction of improvements prior or subsequent to final approval as a condition to meeting financial requirements shall proceed as follows:

(1) Complete construction drawings, specifications and related materials shall be submitted to the administrator and/or city engineer for approval prior to the commencement of construction. The submitted drawings and specifications shall be designed and certified by a registered civil engineer. Construction drawings shall be in conformance with the conditions, if any, of preliminary approval and applicable city standards.

(2) Construction of improvements shall not be initiated without authorization by the city. The city shall authorize the subdivider to proceed with construction after approval of the construction drawings and specifications by the appropriate city departments, including the city engineer. The city may grant approval on the condition that additions or changes are made in the drawings or specifications, or on the inclusion or implementation of mitigating measures necessary to minimize the impacts of the construction on the environment. Conditions required to minimize environmental impacts shall conform with the requirements of the KMC.

(3) Any changes to the construction drawings or specifications involving design of the improvements shall first be reviewed and approved by the city engineer and the appropriate city department.

(4) Construction of the improvements shall proceed as shown in the construction drawings and specifications. Construction inspection shall proceed under the supervision of a registered civil engineer. The city engineer or his designee shall inspect construction progress on a regular basis to review compliance with construction plans and required standards.

(5) Construction of the improvements shall limit the amount of fugitive dust from becoming airborne by creating a site-specific fugitive dust control plan (FDCP) before starting any new improvement construction. The FDCP should include, but is not limited to, the following components:

(a) Identify all potential fugitive dust emission points;

(b) Assign dust control methods;

(d) Record all dust control activities;

(e) Shut down during windy conditions;

(f) Follow the FDCP and monitor dust control efforts.

WAC 173-400-040 requires that reasonable precautions be taken to prevent dust from leaving the site. Also, dust is prohibited from interfering unreasonably with the use and enjoyment of property, causing health impacts, or damaging property or business.

(6) After the completion of construction in accordance with the approved plans and specifications, as-built drawings showing the improvements as constructed shall be certified as true and complete by a registered civil engineer. The certified as-built drawings on reproducible mylar shall be submitted to the administrator and/or city engineer. When a final plat is involved, the certified as-built drawings are required to be submitted prior to the acceptance of the subdivision improvements. (Ord. 08-029 § 2).

16.08.030 Bond in lieu of construction limitations.

In lieu of the completion of the actual construction of any required improvement prior to the approval of the final land division, the city may accept a bond in an amount and with surety and conditions satisfactory to the city engineer, attorney and administrator, and consistent with the provisions of RCW 58.17.130, only if all of the following conditions are met:

(1) The amount of the bond is equal to 150 percent of the cost to construct the required improvements, as reviewed and approved by the city engineer;

(2) The improvements will be completed within two years of the date of final approval;

(3) The failure to complete the improvements does not impair the function or operation of the transportation, sewer, water, stormwater and/or other systems; and

(4) The applicant for the bond does not have any outstanding improvements that have not been timely completed within other land divisions within the city.

(5) The council may grant one extension of the subdivision bond or security for a period not to exceed two years; provided, that the request for an extension is filed with the administrator at least 60 days prior to the expiration date of the bond or security. In the event that time extension is granted, a new subdivision bond or other approved security shall be submitted in an amount sufficient to cover 150 percent of the cost of completing utility extensions and street improvements. The bond will be updated with new estimates of cost on all uncompleted improvements and all increased cost estimates shall be passed onto the bond. If these increased costs are not accepted by the surety, then the city shall foreclose on the bond and the plat will be held in abeyance. Departments issuing recommendations for new subdivision bonds or other approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates as determined by the city engineer to the bond or other security to cover the cost of completing utility extensions and street improvements without the written consent of the applicant. (Ord. 08-029 § 2).

16.08.040 Improvements – Completion and guarantee.

The applicant shall complete the required improvements consistent with the final approval and the approved construction drawings, and shall financially guarantee installation thereof as set forth in KMC 16.08.050, Improvements – Actual construction security for maintenance bond and warranty, and meeting the limitations within KMC 16.08.030. (Ord. 08-029 § 2).

16.08.050 Improvements – Actual construction security for maintenance bond and warranty.

(1) Prior to actual construction of required improvements and prior to approval of a final land division, the subdivider shall provide a maintenance bond, cash deposit or an assignment of funds in a form approved by the city attorney and in an amount to be determined by the city engineer sufficient to guarantee actual construction and installation of such improvements within two years of final approval. The assignment of funds shall be held in a separate account by the applicant’s financial institution and shall only be released to the applicant upon written approval by the administrator. A schedule for the release of funds shall be approved by the administrator prior to authorization to proceed with construction. In such case where the applicant fails to complete the infrastructure work by the deadline provided herein, the administrator shall have the option of attaching the assignment of funds to ameliorate any outstanding environmental concerns at the project site and/or to complete the project. The amount of the security for completion shall not be less than 150 percent of the city engineer’s estimate of the cost of such improvements, but the city engineer may set a higher percentage based upon the complexity of the project. In addition, before acceptance by the city of the improvements, the subdivider shall file a maintenance bond or other suitable security in a form approved by the city attorney and in an amount to be determined by the city engineer guaranteeing the repair or replacement of any improvement or any landscaping which proves defective or fails to survive within a minimum two-year time period after final acceptance of the improvements or landscaping by the city. The maintenance bond shall be 100 percent of the actual construction costs of the improvements/landscaping. The city shall withhold acceptance of the improvements until any required security for completion and the required security for maintenance are filed.

(2) The administrator may enforce the assignment of funds or other security required by this section according to their terms, pursuant to any and all legal and equitable remedies. In addition, any assignment of funds or other security filed pursuant to this section shall be subject to enforcement in the following manner:

(a) In the event the improvements are not completed as required, or maintenance bond is not performed satisfactorily, the administrator shall notify the property owner and the guarantor in writing, which shall set forth the specific defects which must be remedied or repaired and shall state a specific time by which such shall be completed.

(b) In the event repairs or warranty are not completed as specified in the notice referred to in subsection (2)(a) of this section by the specified time, the administrator may proceed to repair the defect or perform the warranty by either force account, using city forces, or by private contractor. Upon completion of the repairs or maintenance, the cost thereof, plus interest at 12 percent per annum, shall be due and owing to the city from the owner and guarantor as a joint and several obligation. In the event the city is required to bring suit to enforce maintenance, the subdivider and guarantor shall be responsible for any costs and attorneys’ fees incurred by the city as a result of the action.

(c) In the event that the security is in the form of an assignment of funds or cash deposit with the administrator, the administrator may deduct all costs set forth in this section from the assignment of funds or cash on deposit and the subdivider shall be required to replenish the same for the duration of the guaranty period. (Ord. 08-029 § 2).