Chapter 13.200 OFF-SITE AND ON-SITE IMPROVEMENTS

Chapter 13.200
OFF-SITE AND ON-SITE IMPROVEMENTS¹

Sections:

13.200.030 Bonds and other security for off-site and on-site improvements.

13.200.010 Purpose and administration.

A. The purpose of this chapter is to identify when and what type of off-site improvements are required as a condition of development, and bonding requirements for both off-site and on-site improvements. Specific construction standards for off-site improvements are generally set forth in Chapter 11.05 SMC.

B. This chapter shall be administered by the Public Works Director or designee. (Ord. 20-1019 § 3)

13.200.020 Off-site improvements.

A. The installation of off-site improvements is required as a condition of development in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the following types of development:

1. Creation of a subdivision, short subdivision, or binding site plan;

2. Construction of a duplex or multi-family building (as defined in Chapter 15.105 SMC);

3. Construction of a building to be used for public assembly, commercial purposes, or industrial purposes;

4. Expansion of an existing building encompassing more than fifty percent (50%) of the gross floor area (GFA), or by increasing the GFA by more than one thousand (1,000) square feet. However, this subsection does not apply to construction or expansion of a single-family dwelling or accessory dwelling unit (as defined in Chapter 15.105 SMC);

5. Construction of a new “parking lot” or “parking lot, public/private” (as defined in Chapter 15.105 SMC), where the project value is in excess of seventy-five thousand dollars ($75,000); or

6. Expansion of an existing “parking lot” or “parking lot, public/private” (as defined in Chapter 15.105 SMC), where the project value is in excess of seventy-five thousand dollars ($75,000).

B. Off-site improvements shall be installed along the entire street frontage of the property at the sole cost of the applicant as directed by the Director. Off-site improvements may include, but not be limited to, curb, gutter, sidewalk, storm drainage, street lighting, public utility relocation, franchise utility relocation, landscaping strip, street trees and landscaping, irrigation, on-street parking, street pavement widening, bicycle lanes, safety railings, street signs, pavement marking, and channelization. Beyond the property frontage, the applicant shall provide ramps or other appropriate transition from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channelization as needed for safety. The off-site improvements shall be continued beyond the street frontage of the property if and to the extent necessary to provide a safe, accessible transition.

C. Required off-site improvements shall be complete prior to the earlier of:

1. Issuance of any certificate of occupancy (including any phased occupancy); or

2. Finalization of a development permit in which the off-site improvements are a requirement;

unless financial security has been established as allowed by this chapter.

D. If the Director determines that the off-site improvements required by this section cannot or should not be constructed concurrent with the proposed development, the applicant shall, prior to issuance of a building permit or final approval for subdivisions, short subdivisions, or binding site plans:

1. Pay to the City an amount equal to the applicant’s cost of installing the required off-site improvements, as authorized by and in a manner consistent with RCW 82.02.020. The cost of installing the required off-site improvements shall be based on engineering cost estimates, as approved by the Director. (Ord. 20-1019 § 3)

13.200.030 Bonds and other security for off-site and on-site improvements.

A. This section is intended to apply in addition to any other bonding requirements set forth in Chapters 11.05, 11.10, 12.10, and 13.190 SMC. However, where such persons have previously posted, or are required to post, other bonds covering either the project itself or other construction related to the project, such person may, with the permission of the Director and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such bond shall on its face clearly delineate those separate bonds which it is intended to replace.

B. Performance Bond. An applicant shall provide a performance bond, in an amount and with surety and conditions satisfactory to it, or other secure method approved by the Director, providing for and securing to the City the actual construction and installation of such off-site and/or on-site improvements, within a period specified by the city and in accordance with approved permits, agreements, plans, specifications, requirements, conditions, regulations, and policies.

C. Phased occupancy or final approval of a long subdivision, short subdivision, or binding site plan may be requested prior to the satisfactory completion of all off-site and/or on-site improvements. Approval of any request is at the discretion of the Director and shall be based upon the criteria set forth in subsection (D) of this section.

D. Bond in Lieu for Completion of Improvements. The use of a bond or other security to ensure the completion of either off-site and/or on-site improvements may be allowed if:

1. The Director determines that the off-site and/or on-site improvements are substantially complete; and

2. The applicant provides a performance bond, in an amount and with surety and conditions satisfactory to it, or other secure method approved by the Director, providing for and securing to the City the completion of construction and installation of the required off-site and/or on-site improvements; and

3. The applicant provides a maintenance bond, in an amount and with surety and conditions satisfactory to it, to ensure that all constructed off-site and/or on-site improvements will remain in continued successful operation and compliance with City standards until a final maintenance inspection has been completed by the City. The final maintenance inspection shall be no sooner than:

a. One (1) year after final plat approval for short subdivisions.

b. Two (2) years after final plat approval for long subdivisions.

c. One (1) year after final approval for all other development permits; and

4. The applicant is unable to complete the off-site or on-site improvements because of unavoidable circumstances that in no way resulted from the actions or inaction of the applicant; and

5. The Director, in their sole discretion, is reasonably certain that the applicant will be able to complete the off-site and/or on-site improvements within a reasonable amount of time; and

6. Granting phased occupancy prior to completion of the off-site or on-site improvements will not be materially detrimental to the City or to the properties in the vicinity of the subject property; and

7. The Director, in their sole discretion, determines that public safety will not be compromised.

E. Maintenance Bond. Prior to final permit approval for the construction of any off-site or on-site improvements, the applicant shall provide a maintenance bond or other security to ensure that the constructed off-site or on-site improvements will remain in continued successful operation and compliance with City standards for the time period and manner specified in subsection (D)(3) of this section. (Ord. 20-1019 § 3)

Prior legislation: Ord. 04-1008.