Chapter 17.44
IMPROVEMENTS
17.44.000 Chapter Contents
Sections:
17.44.010 Construction plans.
17.44.020 Improvements--How pledged.
17.44.030 As-built plans--Submittal.
17.44.010 Construction plans
Construction plans for the improvements depicted on the approved plat map shall have been approved by the Public Works Department prior to the commencement of construction.
(Ord. 4529 §11(1), 1984).
17.44.020 Improvements –Agreement to Perform in Future - Financial Guarantee
A. Before requesting final approval of any division of land pursuant to this title, the developer shall install required improvements and repair any existing streets and other public facilities damaged in the development of a subdivision. In lieu of the completion of the actual construction of any required minor improvements or minor repairs to existing improvements, the developer may enter into an agreement with the Director of Public Works, or the Director’s designee, for the installation of minor improvements or minor repairs to existing improvements. Minor improvements shall include, but not be limited to, landscaping, tree planting, and street lights. Prior to and as a condition of entering into such an agreement, the Director of Public Works, or the Director’s designee shall determine whether the delay in construction of such minor repairs or minor improvements shall constitute a hazard to public health and safety. The agreement shall provide that if the work is not completed within one year, plus any approved extension of time not to exceed six months, the city may complete the work and recover the full cost and expense thereof from the developer. In no event shall completion of such work exceed one and one-half years from the execution of such agreement. The agreement shall also contain an indemnification supported by liability insurance in an amount determined by the city’s risk manager to be sufficient to cover foreseeable liability for the city and its agents. In addition, the agreement must contain a provision whereby the developer will be responsible for the successful growth and/or operation of, and all repairs to, the improvements for a two-year period following their installation. Costs and reasonable attorneys fees for the city shall be provided for in the agreement in the event of default. The developer shall also execute and deliver to the Director of Public Works, or the Director’s designee, an easement, in a form acceptable to the city attorney, allowing the city’s agents to enter upon the subject property to perform the necessary improvement in the event of default.
B. The developer shall file with the agreement, to assure the developer’s full and faithful performance thereof, one of the following:
1. A surety bond executed by a surety company authorized to transact business in the state in a form approved by the City Attorney;
2. Cash;
3. Letter of credit approved by the City Attorney from a financial institution stating that the money is held for the purpose of development of the stated project;
4. Assigned savings pursuant to an agreement approved by the City Attorney; or
5. Lien agreement approved by the City Attorney.
The agreement and financial assurance shall be filed with the Director of Public Works or the Director’s designee.
C. Such assurance of full and faithful performance shall be for 125% of a sum determined by the Director of Public Works, or the Director’s designee, as sufficient to cover the cost of the improvements and repairs, including related engineering, incidental expenses, inflation and contingencies.
D. If the developer fails to carry out provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the developer’s financial security for reimbursement. If the amount of the developer’s financial security exceeds the cost and expense incurred by the city, the remainder shall be released. If the amount of the developer’s financial security is less than the cost and expense incurred by the city, the developer shall be liable to the city for the difference in addition to all costs, including reasonable attorneys fees, of recovery of such amount, including, but not limited to, reasonable attorneys fees.
E. Also in lieu of actual construction, a developer may request the Director of Public Works to enter into a subdivision improvement deferral agreement for completion of actual construction of major improvements or their repairs. Major improvements shall include, but not be limited to, sanitary sewer, domestic water system, streets and appurtenances, and storm drainage. Prior to entering into such agreement, it shall be reviewed by the Hearing Examiner after public notice and a hearing pursuant to OMC Chapter 18.82. In determining whether to accept, reject, approve, or deny a request, the Hearing Examiner shall decide whether any delay in construction of major improvements and repairs constitutes hazards to the public’s health and safety and the conditions necessary to mitigate such hazards, including, but not limited to, withholding building permits until such improvements or repairs are installed and accepted by the City.
Such an agreement shall contain all of the conditions described in Subsections A through D herein.
(Ord. 7187 §3, 2019; Ord. 5718 §1, 1997; Ord. 4529 §11(2), 1984).
17.44.030 As-built plans –Submittal
After completion of all required improvements and prior to final acceptance of said improvements, the subdivider shall submit:
A. To the Department, Mylar and paper copies of as-built drawings reflecting any change to previously approved construction drawings. No changes in improvements may be made without prior approval of the Department;
B. To the Fire Department, two copies of the plat and drawings showing the actual location of all mains, hydrants, valves and other fire improvements;
C. As-built plans shall include a statement, sworn to by the subdivider’s registered engineer, that the drawings show the actual location of the improvements required to be shown therein.
(Ord. 5594 §10, 1996; Ord. 4529 §11(3), 1984).