Chapter 19.02
GENERAL PROVISIONS
Sections:
19.02.030 General requirements.
19.02.040 Relationship to other regulations.
19.02.050 Improvements – Construction.
19.02.060 Performance assurance.
19.02.070 Suspension of permits.
19.02.080 Maintenance of incomplete improvements.
19.02.090 Developer extension agreement.
19.02.100 Definitions and reference specifications.
19.02.010 Purpose.
The purpose of this title is to provide a separate title that establishes and codifies the design and construction standards for public infrastructure improvements that occur within the city of Ritzville. It is further the purpose of this title to provide a concise location for describing the development standards, including those provisions established and documented by other agencies and/or organizations that may be adopted by the city of Ritzville by reference. (Ord. 2001 § 1, 2006).
19.02.020 Applicability.
The requirements of this title shall apply to all street and utility improvements, public or private, to be designed and constructed within the city. The provisions herein shall also apply to all developments, land use activities and permit applications obtained in compliance with the regulations governing development of the city, as established within the RCC Title 11, including but not limited to the zoning code, subdivision code, and the environment code. (Ord. 2001 § 1, 2006).
19.02.030 General requirements.
A. The standards for the construction of all additions and/or improvements to city facilities shall be those contained within this title, and are intended to represent the minimum standards for the design and construction of public facilities. These standards are intended as guidelines for designers and developers in preparing their plans, studies and/or reports and for the city in reviewing the same. Where minimum values are stated, greater values should be used whenever practical, and where maximum values are stated, lesser values should be used where practical.
B. The city may require more stringent standards to be followed if, in the circumstances of a particular project, more stringent standards or different materials or equipment are necessary to protect the public health, safety or welfare, or to prevent or mitigate potential adverse environmental impacts. If more stringent standards are required to be met, then the city shall provide timely written notification to the contractor of the more stringent standards with a written explanation as to the reasons therefor.
C. Alternate design standards may be accepted when it can be shown, to the satisfaction of the city, that such alternate standards will provide a design equal to or superior to that specified. In evaluating the alternate design, the city shall consider appearance, durability, ease of maintenance, public safety and other appropriate factors, including the most current version of “Standard Specifications for Road, Bridge and Municipal Public Works Construction,” prepared by the Washington State Chapter, American Public Works Association (APWA), and the Washington State Department of Transportation (hereafter referred to the “standard specifications”).
D. Where improvements are not covered by this title or by the standard specifications or any other referenced document, the city will be the sole judge in establishing appropriate standards. Where these standards conflict with any existing city ordinances, or if discrepancies exist within the body of this text, the higher standards shall be utilized as determined by the public works director and/or city engineer.
E. It is the developer’s responsibility to be fully informed regarding the nature, quality and the extent of the work to be done, and if in doubt, to secure specific instructions from the city.
F. The developer shall be responsible for paying for all costs and expenses incurred by the city in the pursuit of project submittal, review, approval construction and inspection. These costs include, but are not limited to, the utilization of staff and consultants as may be necessary, at the city’s discretion, to adequately review and inspect construction of the project(s). All legal, planning, administrative and engineering fees for project review, meetings, approvals, site visits, construction inspection, etc., shall be subject to the provisions of RCC Title 11 and/or any other fees that may be established by the city council from time to time. The developer is cautioned that project approval, city acceptance and/or occupancy permits will be denied until all bills are paid in full.
G. Subject to review, the public works director and/or city engineer may waive plan requirements, wholly or in part, based on the following criteria:
1. No more than 5,000 square feet will be cleared and graded within the city right-of-way or easement; and
2. The existing grade or slope in the city right-of-way or easement does not exceed 10 percent; and
3. The work will not intercept a stream or wetland or otherwise impact natural surface drainage as set forth in this code and/or the standard specifications; and
4. The work is required as part of a development permit that involves less than 100 lineal feet of existing public improvement; and
5. The submitted drawings and required permits, demonstrating compliance with the provisions contained within this title, are sufficient to describe the improvements to be constructed. (Ord. 2001 § 1, 2006).
19.02.040 Relationship to other regulations.
A. Other laws, ordinances, regulations and plans have a direct impact on the development of land. As part of the overall development regulations for the city of Ritzville, this title recognizes and incorporates the standards, provisions and regulations contained in other rules, regulations and ordinances of the city, including but not limited to the zoning code, the development standards code, the comprehensive plan, the International Building Code, etc., as they exist now or as may hereafter be amended. These laws, regulations and ordinances pertain to items including but not limited to streets, sidewalks, water systems, sanitary sewer systems, storm drainage facilities, and including the laws, ordinances, regulations and plans of federal, state and local agencies. As such, approvals granted pursuant to this title shall only occur in compliance with these other regulatory tools as well as the comprehensive plan and any other applicable planning documents.
B. Where provisions of other official controls and regulations overlap or conflict with provisions of this title, whether federal, state or local, the more restrictive provisions shall govern.
C. Neither this chapter nor any administrative decision made under it:
1. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or
2. Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity. (Ord. 2001 § 1, 2006).
19.02.050 Improvements – Construction.
Design and construction of required public improvements shall be completed in the following manner:
A. The developer shall submit three complete sets of construction drawings and specifications, designed and certified by a licensed civil engineer registered in the state of Washington, prior to starting construction. The construction drawings and specifications shall comply with the specific conditions of approval for the project, as well as conforming to all applicable city codes, regulations, rules and policies.
B. Work shall be performed only by a Washington State licensed and bonded contractor with experience in municipal public works construction.
C. After the construction drawings and specifications have been approved by the public works director and/or city engineer, and prior to the start of construction, a preconstruction meeting shall be conducted. The applicant/developer, his/her on-site job supervisor, representatives of any and all subcontractors, affected utility purveyors, other affected agencies, the public works director and/or city engineer as needed shall attend the preconstruction meeting. At this meeting, the construction drawings and specifications will be reviewed along with any specific issues or concerns related to the project, construction materials to be used shall be reviewed and approved, and the developer will provide a project schedule detailing the timing and sequencing of construction activities.
D. At the conclusion of the preconstruction meeting, the public works director and/or city engineer shall authorize the developer to proceed with construction in accordance with the approved construction drawings and specifications, and as described and agreed to at the preconstruction conference. As determined necessary by the city for complex projects, the construction of improvements may be required to proceed under the supervision of a licensed civil engineer.
E. Any necessary changes to the original, approved construction drawings or specifications shall be submitted to and approved by the city in advance of the construction of those changes.
F. The city may conduct periodic inspections of the work in progress during construction to determine conformance with the approved construction drawings and specifications, any agreements formed during the preconstruction meeting and with other city regulations. These inspections will not serve to direct the construction activities or otherwise administer the project, or make any determinations as to the percentage of completion of any portion of the project. As determined necessary by the city, the inspections may be performed by a licensed civil engineer. The lack of inspection by the city will not alter the responsibilities of the developer to properly construct the project.
G. The city may require special tests such as material tests, compaction tests, structural tests, performance tests of mechanical items or television inspection and videotaping, to be conducted by the developer for submittal to the city.
H. Upon completion of the initial phases of construction and at the final completion of the work, the city may require reports, drawings and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the city. The developer shall furnish the city with an itemization of all costs associated with the construction of the public streets and/or utilities in order that a bill of sale can be prepared.
I. The permittee or his/her agent shall notify the city when the operation is ready for final inspection. Final approval, including acceptance of the improvement when applicable, shall not be given until all work has been completed in accordance with the final approved plans and specifications, any as-built drawings and/or supplemental reports have been submitted and accepted, and all fees have been paid.
J. After the completion of construction and acceptance of the improvements by the city, three sets of “as-built” drawings showing the improvements as constructed shall be certified as true and complete by a registered civil engineer and one copy shall be reproducible Mylar. The certified “as-built” drawings shall be submitted to the city prior to any final approvals and/or acceptance of the improvements by the city.
K. The developer shall be required, upon completion of the work and prior to acceptance by the city, to furnish the city with a written guarantee covering all material and workmanship for a period of two years after the date of final acceptance and the developer shall make all necessary repairs during that period at his own expense, if such repairs are necessary as the result of furnishing poor materials and/or workmanship. The developer shall provide a surety bond equal in value to 15 percent of the total value of the required public improvements as determined by a licensed professional engineer. The city shall withhold final approval until any required security for completion and the required security for maintenance are filed. The city may perform maintenance on any public improvement if the developer fails to complete the work within the specified time, or if timely completion is necessary for public health, safety or welfare. Maintenance performed by the city during the required maintenance period does not waive the developer’s responsibility for required maintenance.
L. The developer shall have all public improvements inspected by a licensed professional engineer one month prior to the end of the warranty and maintenance period and document the inspection in a report to be submitted to the city. Said professional engineering report shall be required prior to release of surety by the city. In the event that flaws in workmanship or materials occur during the two-year warranty period, final acceptance may be extended by the city on recommendation by a licensed professional engineer.
M. The original design drawings drawn on Mylar and other necessary data shall also be submitted at the completion of construction for completion of construction record drawings by the city and shall remain the property of the city. (Ord. 2001 § 1, 2006).
19.02.060 Performance assurance.
A. All improvements shall be fully completed prior to the final approval of a development permit, land division, issuance of a certificate of occupancy or actual occupancy, as directed by applicable codes or regulations, unless an alternative performance assurance device, a contractual agreement, an agreement and partial funding for a local improvement district (LID), or a bond between the developer and the city has been executed and approved in accordance with this chapter.
B. The performance assurance device shall be approved by the city council in an amount approved by the public works director and/or city engineer, as appropriate, and shall be in a form acceptable to the city attorney.
C. The performance assurance device shall be for a period of not more than one year for each phase of the development, unless a time schedule for the performance assurance device is approved by the city. The time period may be extended depending on the type of project and phasing schedule.
D. The city shall determine the specific type of assurance device required in order to insure completion of the required conditions of approval. The value of the device shall equal at least 150 percent of the estimated cost of the required improvements, as reviewed and approved by the city. The assurance device shall be utilized by the city to perform any necessary work, to reimburse the city for performing any necessary work, and to reimburse the city for documented administrative costs associated with action on the device.
E. If the performance device or evidence of a similar device is required, the property owner and/or applicant shall provide the city with an irrevocable notarized agreement granting the city 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.
F. Upon completion of the required work by the property owner and approval by the city, at or prior to expiration of the completion date(s) identified in the assurance device, the city shall promptly release the device or evidence thereof.
G. The city may enforce the bonds or performance or maintenance security described in this chapter according to their terms, pursuant to any and all legal and equitable remedies. In addition, any completion or maintenance security filed pursuant to this chapter shall be subject to enforcement in the following manner:
1. In the event the improvements are not completed as required, or maintenance is not performed satisfactorily, the city shall notify the property owner and/or applicant 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.
2. In the event repairs or maintenance are not completed as specified in the notice referred to in subsection (G)(1) of this section by the specified time, the city may proceed to repair the defect or perform the maintenance by either force account, using city forces, or by private contractor. Upon completion of the repairs or maintenance, the costs thereof, plus interest at 12 percent per annum, shall be due and owing to the city from the owners and guarantor as a joint and several obligation.
H. In the event the city is required to bring suit to enforce maintenance, the property owner and/or applicant and guarantor shall be responsible for any costs and attorneys’ fees incurred by the city as a result of the action. In the event that the security is in the form of a cash deposit with the city, the city may deduct all costs set forth in this section from the cash on deposit and the property owner and/or applicant shall be required to replenish the same for the duration of the guaranty period. (Ord. 2001 § 1, 2006).
19.02.070 Suspension of permits.
The public works director and/or city engineer may suspend or revoke a permit or issue a stop work order whenever he/she determines that:
A. The activities or intended activities have become or will constitute a hazard to persons; endangers property; adversely affects the safety, use or stability of any public way or facility; or
B. The owner/developer and/or the authorized representatives have violated a provision of the permit or of this chapter or other provisions of the city’s rules, regulations, ordinances, policies or plans; or
C. There are changes in the site characteristics upon which a waiver was granted or a permit was approved; or
D. Construction is not in accordance with the approved plans and specifications; or
E. Noncompliance with correction notice(s) previously issued for the site. (Ord. 2001 § 1, 2006).
19.02.080 Maintenance of incomplete improvements.
The city may decline to accept responsibility for the maintenance of streets, utilities and/or any other required public improvements until said improvements are completed and accepted in writing by the city. (Ord. 2001 § 1, 2006).
19.02.090 Developer extension agreement.
A. The city hereby authorizes owners of real property within the city to enter into agreements with the city for the extension of street facilities to such real property, and authorizes owners of real property within the city or without the city limits to enter into agreements with the city for the extension of water, sewer, and storm water facilities to such real property. The owner of the property for which the improvements are being made shall enter into a developer extension agreement with the city on forms supplied by the city, post a performance bond and insurance as provided herein, and pay all applicable administrative, inspection, and permit fees, and all actual costs to the city associated with the project that exceed the fees established from time to time by the city council, including but not limited to legal, engineering, consultant and planning fees, as set forth in the agreement. Applicants for developer extension agreements shall be in compliance with all city ordinances, rules and regulations to be eligible for processing of their application.
B. If any public utilities such as water mains, sanitary or storm sewers are required, for the purpose of benefiting additional or adjacent properties, to be sized larger than the minimum sizes set forth in this title, or as required by other regulatory guidelines, then such utility shall be constructed to such size and design as determined by the city engineer. Reimbursement to the developer for the costs of this oversize construction in order to benefit additional or adjacent properties, and the terms of the oversize reimbursements, will be defined in the developer extension agreement and prior to start of construction. If the terms are not established in the developer extension agreement and actual amounts determined prior to the start of construction, then the developer/owner will have been deemed to have waived his right to any oversizing credit. (Ord. 2001 § 1, 2006).
19.02.100 Definitions and reference specifications.
The definitions stated in the city of RCC Title 11 shall apply in this title, along with any definitions in the codes and specifications identified in this title. If there is a conflict between definitions, those found in the city’s rules, regulations, ordinances, policies and plans shall prevail.
Additionally, the following abbreviations are used throughout this title:
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ASTM |
American Society for Testing and Materials |
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WSDOT |
Washington State Department of Transportation |
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MUTCD |
Manual on Uniform Traffic Control Devices |
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APWA |
American Public Works Association |
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AWWA |
American Water Works Association |
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ANSI |
American National Standards Institute |
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ASA |
American Standards Association |
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ITE |
Institute of Traffic Engineers |
(Ord. 2001 § 1, 2006).
19.02.110 Fees.
Permit, professional review and construction inspection and administration fees compensate the city for the costs associated with the construction of street and utility improvements. Any fees associated with required permits and the review and approval of construction plans required herein shall be as established by resolution of the city council from time-to-time. Where it is determined by the city that it is necessary to utilize outside professional resources, including but not limited to engineers, attorneys, planners or inspectors, associated fees for those services should be paid for by the applicant/developer. (Ord. 2001 § 1, 2006).
19.02.120 Enforcement.
Any person, partnership, association, firm or corporation who violates or fails to comply with this title is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in Chapter 11.260 RCC, Enforcement, which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled by law. Any violation of this Title 19 is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the city’s ordinances and the laws of the state of Washington. (Ord. 2001 § 1, 2006).
19.02.130 Severability.
Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title. (Ord. 2001 § 1, 2006).