Chapter 17.64
GUARANTEES REQUIRED
Sections:
17.64.020 Specific requirements for performance and maintenance bonds.
17.64.030 Protection and repair of existing improvements.
17.64.040 Site repair and cleanup required.
17.64.010 Guarantees to complete and maintain required improvements – Warranty against defects in labor and material.
A. A final plat and/or final binding site plan will not be considered for approval unless the applicant has completed, or guaranteed to complete, all required improvements within a reasonable period consistent with approved working drawings and specifications, and has guaranteed to maintain the improvements until they are accepted by the city. The guarantees of completion and maintenance must comply with city standards in Chapter 3.78 SMC. Roadway and utility construction must be completed before granting of a final plat and/or final binding site plan and are not subject to guarantees.
B. In addition to performance and maintenance guarantees, a cash or surety bond warrantying all required improvements against defects in labor or material are required before city approval of a final plat or final binding site plan. The warranty must cover all improvements, either installed or to be installed, for a period of 24 months after acceptance by the city. The warranty must be submitted with the application for final plat or binding site plan, and must be 15 percent of the estimated value of the improvements, as determined by the city engineer or public works director. The warranty against defects in labor and material is in addition to any other required subdivision guarantees. (Ord. 2021-021 § 1 (Exh. B); Ord. 2020-007 § 2 (Exh. A); Ord. 2010-005 (Exh. A); Ord. 98-005 § 4)
17.64.020 Specific requirements for performance and maintenance bonds.
A. The applicant may post a performance bond complying with the requirements in Chapter 3.78 SMC for above ground work and infrastructure such as sidewalks, landscaping, lift of pavement, and lighting. The amount of the performance bond must be not less than 125 percent of the final estimate of cost of the improvement as estimated by the public works director, city engineer, or designee. There can be no reduction in the amount of that portion of the bond applying to a particular improvement. The bond must list the exact work to be performed by the applicant and specify that all of the deferred improvements be completed within the time established by the city. If no time is established, then improvements must be completed not later than two years after approval of the final plat by the city council.
B. The applicant may deposit a maintenance bond with the city for above ground work and infrastructure such as sidewalks, landscaping, lift of pavement, and lighting. The amount of the maintenance bond and the manner of posting must comply with Chapter 3.78 SMC, and be in an amount not less than 15* percent of the final estimate of cost of the improvement as estimated by the city engineer.
There can be no reduction in the amount of that portion of the bond applying to a particular improvement. The bond must list the work and deferred improvements required by the applicant within the time frame established by the city; if no time is set, then not later than two years after approval of the final plat by the city council. The maximum time limit to defer improvements is two years after the approval of the final plat or final binding site plan by the city council.
C. The applicant may elect to complete one or more improvements before approval of the final plat or final binding site plan. Where the applicant elects to guarantee completion of only above ground work and infrastructure such as sidewalks, landscaping, and lighting by this method, approval of the final plat or final binding site plan is contingent upon certification by the city engineer and public works director that the improvement has been completed in accordance with drawings and specifications, that the inspection reports are favorable, and the bond has been provided to cover the cost of maintenance of the improvement. (Ord. 2021-021 § 1 (Exh. B); Ord. 2020-007 § 2 (Exh. A); Ord. 2010-005 (Exh. A); Ord. 98-005 § 4)
*Code reviser’s note:Ord. 2021-02’s inclusion of “125 percent” has been corrected to “15 percent” pursuant to the intent of the city.
17.64.030 Protection and repair of existing improvements.
The applicant and applicant’s contractors and suppliers are responsible for ensuring that existing improvements and city property are not damaged, rendered less useful, or rendered unsightly by the operations of applicant or applicant’s contractors or suppliers. This provision is intended to include damage or nuisance with respect to the land, improvements or landscaping of the city; damage to existing streets, sidewalks, curbs, and gutters by passage thereover of equipment or trucks or by excavation for any purpose; the spillage or tracking of earth, sand, or rock onto existing streets, sidewalks, curbs and gutters; the washing by stormwater of earth or sand onto streets, sidewalks, curbs, and gutters or into catch-basins; damage to water mains, sanitary sewers, culverts, or storm sewers. In order to reduce or localize the possibility of damage to streets by heavy trucking, the city will instruct the applicant which streets to use for access to the development, and the applicant will be responsible for enforcing this instruction. The applicant must make provisions to prevent earth or sand washing onto sidewalks, streets, curbs and gutters or into catch-basins. The city in its sole discretion may require applicant to post a bond complying with Chapter 3.78 SMC either before commencing construction or after construction is in process to guarantee repair of damages caused by applicant or applicant’s contractors or suppliers. Expenses incurred by the city in repairing damages, cleaning streets, catch-basins, and sewers may be deducted from the posted bond. (Ord. 2021-021 § 1 (Exh. B); Ord. 2020-007 § 2 (Exh. A); Ord. 98-005 § 4)
17.64.040 Site repair and cleanup required.
Before release of any bonds, and/or before final plat and/or final binding site plan approval, the city will require that all construction equipment not in use for individual site development be removed from the site, all spoils or construction debris be removed, final grading of all common areas be completed, and that all exposed surfaces be seeded. (Ord. 2021-021 § 1 (Exh. B); Ord. 2020-007 § 2 (Exh. A); Ord. 98-005 § 4)