Chapter 16.12
COMPLETION AND MAINTENANCE OF IMPROVEMENTS REQUIRED
Sections:
16.12.010 Improvements within plat boundaries.
16.12.020 Off-site improvements.
16.12.030 Permanent improvements.
16.12.040 Interim improvements.
16.12.050 Conditions of bond or agreement.
16.12.070 Amount.
16.12.080 Length of time.
16.12.090 Action on bond or other security.
16.12.100 Binding upon applicant.
16.12.110 City attorney’s approval.
16.12.120 Inspection, maintenance and removal.
16.12.130 Inspections.
16.12.140 Inspection fee.
16.12.150 Maintenance of permanent improvements.
16.12.160 Maintenance and removal of interim improvements.
16.12.170 Issuance of building permits.
16.12.180 “As-built” plans.
16.12.010 Improvements within plat boundaries.
It shall be the responsibility of the subdivider to construct and install permanent and interim improvements required by this title or otherwise required by the city council within the boundaries of the approved preliminary plat, with the expense of making such improvements to be borne solely by the applicant; however, the city council may form a local improvement district when an improvement will serve a wider area than the subdivision alone. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 1.1, 1981)
16.12.020 Off-site improvements.
Construction, repair, expansion or other improvement of any off-site infrastructure required by city council as a condition of preliminary plat approval shall be the sole responsibility of the applicant unless otherwise stipulated by city council by resolution. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 1.2, 1981)
16.12.030 Permanent improvements.
No final plat shall be approved by the city council unless one or a combination of the following methods assuring completion and maintenance of permanent improvements required of the subdivider is satisfied:
A. All improvements required of the subdivider have been completed by the subdivider to the satisfaction of the city engineer; or
B. The subdivider posts a plat performance bond as defined in Chapter 16.08; or
C. The subdivider posts a personal bond cosigned by at least one additional person, together with evidence of financial responsibility and resources of those signing the bond sufficient to secure to the city satisfactory completion of the incomplete portions of improvements required of the subdivider; said bond shall be accompanied by an agreement executed by the subdivider and the city as set forth in Section 16.12.050; or
D. The subdivider submits a letter of credit from a bank authorizing a draft from the bank for an amount sufficient to assure satisfactory completion of improvements; such letter shall be accompanied by an agreement between the subdivider and the city as set forth in Section 16.12.050; or
E. The subdivider submits a certified or cashier’s check or assignment of funds securing to the city the satisfactory completion of the incomplete portions of improvements required of the subdivider. Such check or assignment shall be made payable to the clerk-treasurer, and shall be accompanied by an agreement between the city and subdivider as set forth in Section 16.12.050. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 2.1, 1981)
16.12.040 Interim improvements.
In any case when a subdivider is required to construct an interim improvement, one or a combination of the forms of security set forth in this chapter shall be required to assure maintenance and, at the appropriate time as determined by the city engineer, removal of the interim improvement. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 2.2, 1981)
16.12.050 Conditions of bond or agreement.
Any plat performance bond or other security posted in conformance with this chapter shall be subject to the conditions of this section.
A. In the event of personal bonds, letters of credit, checks or assignments of funds, there shall be executed a formal agreement between the city and the subdivider prior to final plat approval fulfilling the conditions of this section.
B. The improvements to be completed and maintained, and in the case of interim improvements, the improvements to be maintained and removed by the subdivider shall be specified in the bond or agreement. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 3, 1981)
16.12.070 Amount.
The amount of any bond or other security posted or submitted shall be at least one hundred twenty-five percent of the cost of completion of improvements as approved by the city engineer. In the event of interim improvements, the amount shall include the cost of their completion, maintenance, and removal as approved by the city engineer. Amounts approved by the city engineer shall be conclusive. The subdivider shall provide cost estimates to the city engineer. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 3.2, 1981)
16.12.080 Length of time.
The period in which improvements must be completed shall be specified in the plat performance bond or agreement. That period shall not exceed eighteen months from date of final plat approval; however, extensions may be granted. Requests for extensions shall be made to the community development department and shall include an application, a narrative justifying the extension, extension of the security set forth in this chapter and a fee. The community development director, in consultation with the city engineer, shall determine whether sufficient progress has been made and good faith indicated to warrant an extension. The director shall forward a recommendation to the city council, which shall have sole authority to grant extensions. Plat bonds and agreements for other security shall be released only upon council approval. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 3.3, 1981)
16.12.090 Action on bond or other security.
Any plat performance bond or agreement shall provide that in the event the specified improvements are not completed within the time limit, the city may declare the bond or agreement to be in default, may complete the work to city specifications, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner of the security. If the amount of the plat performance bond or other security is less than the cost incurred by the city, the subdivider shall be liable to the city for the difference. If the amount is greater than the cost incurred by the city, the city shall release the remainder. In the case of any suit or action to enforce provisions of this chapter, the subdivider shall pay to the city all costs incidental to litigation, including reasonable attorney’s fees. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 3.4, 1981)
16.12.100 Binding upon applicant.
Any plat performance bond or agreement posted or secured under this chapter shall be binding upon the subdivider, his heirs, successors and assigns. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 3.5, 1981)
16.12.110 City attorney’s approval.
Before any plat performance bond or any agreement is approved by the council, it shall be found valid and enforceable by the city attorney. All such securities shall be kept by the city clerk. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 3.6, 1981)
16.12.120 Inspection, maintenance and removal.
Any plat performance bond and any agreement accompanying other security shall include the inspection cost reimbursement provisions of Section 16.12.140, the provisions of Section 16.12.150 and, in the event of temporary improvements, the provisions of Section 16.12.160. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 3.7, 1981)
16.12.130 Inspections.
Improvements shall be inspected by the city engineer or designee at the start, during, and at completion of construction and installation. The person, firm or contractor actually performing the work shall notify the city engineer in accordance with the Kelso Engineering Design Manual. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 4.1, 1981)
16.12.140 Inspection fee.
All inspection fees shall be in accordance with Section 12.10.030. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 4.2, 1981)
16.12.150 Maintenance of permanent improvements.
All permanent improvements shall be maintained and assured by the subdivider in accordance with Chapter 12.10. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 4.3, 1981)
16.12.160 Maintenance and removal of interim improvements.
The subdivider shall be responsible for maintenance of interim improvements, and, at the time deemed appropriate by the city engineer, for their removal. If interim improvements are not adequately maintained and, at the appropriate time, removed, the city may invoke any bond or other security posted by the subdivider, may cause the work to be done, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner, or may seek other remedy. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 4.4, 1981)
16.12.170 Issuance of building permits.
No building permit shall be issued prior to final plat approval and satisfactory completion of improvements. However, in the case of improvements deferred through plat bonding or other security, in the case of construction of a model home or public or quasi-public building, and at the discretion of the community development director, a building permit may be issued when minor work remains on improvements. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 5, 1981)
16.12.180 “As-built” plans.
Prior to acceptance of any improvements, the subdivider shall submit as-builts in accordance with the Kelso Engineering Design Manual. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 2, 2008; Ord. 2857 Art. 4 § 6, 1981)