Chapter 20.98
IMPROVEMENTS
Sections:
20.98.020 Completion of public facilities and improvements.
20.98.040 Temporary improvements.
20.98.050 Cost of improvements.
20.98.060 Inspection and acceptance of improvements.
20.98.010 Purpose.
The purpose of this chapter is:
(1) To require the subdivider’s submission of construction plans for development of the subdivision to the city for review and approval of specific construction details for all public facilities;
(2) To ensure that the public facilities required as part of approvals granted under this subtitle are built according to city standards;
(3) To address bonds between the city and property owners/subdividers, allowing a limited deferral for the construction of public facilities associated with the approval; and
(4) To ensure that the required public facilities and public utilities are ready and available for use when needed by the users of the subdivision. (Ord. 019-17 § 18 (Exh. 1)).
20.98.020 Completion of public facilities and improvements.
No short plat can be recorded or a final plat of a subdivision or final binding site plan approved, until all of the public facilities and other improvements as specified in the short plat, preliminary plat, or preliminary binding site plan are constructed in a satisfactory manner and approved by the responsible departments. As an alternative to such construction, the applicant may post a bond, or execute a development agreement, with appropriate security in order to record the short plat or obtain approval of the final plat or binding site plan. (Ord. 019-17 § 18 (Exh. 1)).
20.98.030 Bonds.
(1) Performance Bond May Be Posted in Lieu of Construction. The city, in its sole discretion, may waive the requirement that the public facilities or other improvements and dedications required under this chapter be completed/satisfied prior to the recording of the short plat or approval of the final plat or final binding site plan, as long as the applicant posts a bond in accordance with this section. The city’s decision to allow the applicant to post a bond allows the applicant to apply for building permits for lots in the plat or binding site plan before the dedications have been made or the improvements constructed.
(2) When Performance Bond Is Appropriate. The city may consider a number of factors in the determination whether to allow a bond to be posted by an applicant, including, but not limited to:
(a) The date of the applicant’s request to post a bond in light of the deadline for recording of the short plat, or the deadline for submission of final plat or final binding site plan applications, and the applicant’s progress to date toward the completion of the public facilities;
(b) The consequences that could result from the applicant’s construction of the homes or other development contemplated by the proposed approval, before the necessary public facilities are completed/installed; and
(c) Any other issues that may affect the public health and safety.
(3) Acceptable Bonds. No bond shall be accepted by the city unless it is submitted on the form approved in advance by the city attorney and from a bonding company licensed to do business in the state of Washington. The city engineer shall determine the amount of the bond, which shall be no less than 150 percent of the estimated cost of the public facilities or improvements. The city engineer shall make a recommendation as to the length of the bond, which shall be no longer than two years after the final approval.
(4) Warranty Bond. Once the public facilities have been constructed, the dedications made and city has inspected and approved the public facilities, the applicant shall provide the city with a warranty bond meeting all the requirements of this section to ensure the successful operation of the public facilities, for a period of two years after such inspection and approval. (Ord. 019-17 § 18 (Exh. 1)).
20.98.040 Temporary improvements.
The applicant shall pay for and build all temporary improvements required by any approval, and shall maintain those improvements as set forth in the approval. Prior to the construction of any temporary improvement, the applicant shall provide a bond with a cash escrow or cash set aside in an amount established by the city engineer to ensure that the temporary facilities/improvements will be properly constructed, maintained, and timely removed. (Ord. 019-17 § 18 (Exh. 1)).
20.98.050 Cost of improvements.
All required public facilities and improvements shall be constructed by the applicant/property owner, at their sole expense, without reimbursement by the city, unless otherwise specified in the project permit approval or development agreement with the city. To the extent allowed by law, the city may form or cause to be formed a local improvement district or latecomers’ agreement for the construction and financing of the required public facilities, excluding on-site improvements on individual lots. If such district is formed or latecomer agreement signed, the applicant/property owner shall not be released from its obligation (as set forth in the bonds, cash escrow, or cash set aside) to construct the public facilities until complete or the city is satisfied that a subsequent guarantee will cover performance. (Ord. 019-17 § 18 (Exh. 1)).
20.98.060 Inspection and acceptance of improvements.
(1) General Procedure. The subdivider/property owner shall pay an inspection fee based on the estimated cost of the inspection, which fees shall be due and payable upon inspection. No building permits or certificates of occupancy shall issue until the fees are paid. If the city engineer finds that one or more of the required public facilities or other improvements have not been satisfactorily constructed in accordance with the approved plans and specifications or other applicable standards or regulations, the subdivider/property owner shall be responsible for any corrections and completion of the improvements.
(2) Release of Security. The city will not accept dedication of required public facilities or improvements, nor release nor reduce the amount of any security posted by the subdivider, until the city engineer has submitted a certificate stating:
(a) That all required public facilities or other improvements have been satisfactorily completed; and
(b) The subdivider’s engineer or surveyor has certified to the city engineer, through the submission of a detailed “as built” survey plat of the subdivision, indicating location, dimensions, materials and other information required by the city’s public works standards, that the layout of the line and grade of all transportation facilities, public facilities or other improvements is in accordance with the approved construction plans for the subdivision or binding site plan.
(3) City’s Acceptance and Dedications. Upon the recommendation for approval of the city engineer, the city council shall thereafter accept the improvements for dedication in an ordinance or resolution adopted for this purpose; the approval of a final plat, absent such resolution or ordinance, shall not be deemed to constitute or imply acceptance by the city of any street, easement, park, or other improvement on the plat.
(4) Maintenance of Improvements. The subdivider/property owner shall be required to maintain all required public facilities until the dedication of same is formally accepted by the city. Following the acceptance of the public facilities, the subdivider shall provide a warranty bond or other security to the city as required by this chapter.
(5) Issuance of Building Permits and Certificates of Occupancy. When a bond has been accepted by the city for the construction of public facilities or other improvements in a short plat, final plat, or final binding site plan, the city shall not issue a certificate of occupancy for any building in the development prior to the completion of the required public facilities or improvements and the acceptance of the dedication of those facilities or improvements by the city. The city engineer may authorize the issuance of up to 50 percent of the building permits for the lots in the subdivision if:
(a) The applicant is not in default of the subdivision improvement agreement; and
(b) The applicant has constructed and the city has inspected/accepted the public facilities or other improvements necessary to serve the lots for which such building permit applications have been submitted. (Ord. 019-17 § 18 (Exh. 1)).