Chapter 30.84
SECURITY DEVICES

Sections:

30.84.010    Purpose and applicability.

30.84.015    Types of security devices.

30.84.020    Security devices- general provisions.

30.84.030    Extension of security device.

30.84.050    Notice of noncompliance and forfeiture of proceeds.

30.84.060    Emergency work by the county.

30.84.070    Release of security device.

30.84.080    Reimbursement of costs.

30.84.105    Delayed construction - Performance security.

30.84.110    Right of Way.

30.84.120    Drainage.

30.84.130    Land Disturbing Activity.

30.84.140    Critical Area Mitigation.

30.84.150    General Landscaping.

30.84.010 Purpose and applicability.

(1) The purpose and applicability of this chapter is to establish requirements and procedures for administering security devices as authorized in and required by this title.

(2) Security devices shall be provided, as required by title 30 SCC and this chapter to ensure that all development activity authorized pursuant to title 30 SCC is satisfactorily performed and completed in accordance with the requirements of title 30 SCC and the approved plans, specifications, permit or approval requirements or conditions, and to assure that all work or actions not satisfactorily completed will, to the satisfaction of the director, be corrected to comply with said approved plans, specifications, permit or approval requirements or conditions.

(3) In accordance with RCW 36.32.590, state agencies and units of local government, including school districts, shall not be required to secure the performance of permit or approval conditions or requirements with a security device. State agencies and units of local government, including school districts, are required to comply with all requirements, terms, and conditions of the permit or approval, and the county may enforce compliance by withholding certificates of occupancy or occupancy approval, by administrative enforcement action, or by any other legal means.

(4) Private utilities not exempted under RCW 36.32.590 holding a franchise issued pursuant to chapter 13.80 SCC and having a current franchise bond or other franchise security device in place, shall not be required to post a performance security or maintenance security under this chapter if the available amount of the franchise security device is greater than or equal to the amount of the security device that would otherwise be required by this chapter.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.015 Types of security devices.

The following types of security devices may be required under this title:

(1) Performance security shall have the meaning given in SCC 30.91S.100.

(a) Unless otherwise provided in this title the amount of a performance security will be 110 percent of the cost of covered work or improvements calculated at the time of expiration of the device.

(b) Unless otherwise provided in this title, a performance security shall remain in effect until final inspection and construction acceptance by the county of all facilities specified by the plans, including those improvements whose construction is secured with the performance security.

(2) Maintenance security shall have the meaning given in SCC 30.91S.090.

(a) Unless otherwise provided in this title the amount of a maintenance security will be at least 20 percent of the actual documented in place cost of the work or improvements secured by the device. If the cost exceeds one million dollars the amount will be 15 percent.

(b) Unless otherwise provided in this title a maintenance security shall remain in effect for a period of two (2) years after final inspection and construction acceptance by the county of all facilities specified by the approved plans for which a performance security was required and the release of the performance security.

(3) Performance monitoring security shall have the meaning given in SCC 30.91S.105.

(a) Unless otherwise provided in this title the amount of the performance monitoring security guaranteeing workmanship and materials shall be 20 percent of the actual documented in place construction costs of the mitigation that the department determines to be a fair representation of the cost of the mitigation.

(b) Unless otherwise provided in this title the performance monitoring security period shall be for a length of time sufficient to determine if mitigation performance standards have been achieved.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.020 Security devices- general provisions.

(1) A security device shall be made on the forms as provided by the department or in a form acceptable to the director. The following general types of financial sureties may be used as security devices:

(a) Bond;

(b) Letter of credit;

(c) Assignment of funds or account; or

(d) Other form of security device as may be specifically approved by the director of finance.

(2) All security devices shall provide for:

(a) Forfeiture to the county and the right for the county to withdraw funds upon failure of the permittee to construct any or all of the improvements in accordance with the approved plans, specifications, permit or approval requirements or conditions, and time limits.

(b) The county’s interest in any security device required pursuant to this chapter to be assignable, without obtaining a re-issuance of the security device, to an annexing municipality in the event the real property covered by the security device is annexed prior to either completion of the work secured by a performance security or final acceptance and release of the security device for that work covered by a maintenance or performance monitoring security.

(3) The amount of all security devices shall include an inflation factor calculated for the term of the security device together with the term of any allowed extensions.

(4) In the event a development completes improvements to existing right-of-way pursuant to a title 13 SCC permit or future right-of-way and drainage facilities pursuant to a title 30 SCC permit, the maintenance securities required in accordance with SCC 13.10.108(1) and 30.84.120 shall be combined into one maintenance security with the same start and end date.

(5) The combined maintenance security may be divided into separate securities for right-of-way and drainage if special circumstances exist and approval is granted by both the director and the county engineer.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.030 Extension of security device.

The director may require the duration of a maintenance security to be extended for a sufficient time not to exceed two years past the original maintenance security end date to ensure the repairs will perform as required when:

(1) Curative or restorative improvements have been made to the work and additional time is required to verify whether such improvements will function and operate as required; or

(2) The applicant has failed to cure defective work or has failed to maintain the improvements after notice from the county, and the director determines the applicant has made, or is making, a good faith commitment to ensure that the work will be completed and the improvements will operate as required.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.050 Notice of noncompliance and forfeiture of proceeds.

(1) If the director determines that work covered by a security device has not been completed or is not operating in conformance with the approved plans, specifications, permit or approval requirements or conditions, the director shall notify the permittee, and the issuer of the security device of said nonconformance. The notice shall:

(a) Describe the work or improvements that must be done to prevent the forfeiture of the security device;

(b) Provide a date certain by which the required work or improvements must be completed to the directors satisfaction; and

(c) State that if the work or improvements are not completed within the time specified, the county will proceed with forfeiture of the security device and use the funds to complete the required work or improvements.

(2) After having given notice pursuant to subsection (1) of this section, the director may issue a stop work order prohibiting any additional work until the conditions are corrected.

(3) If the work to correct the noncompliance is not completed within the time specified the director may seek forfeiture of the security device, or a portion thereof, to correct the nonconformance. After the county receives payment from a security device, the county will use the funds to complete the required work or improvements. The permittee may not proceed with work until the required amount of the security device has been re-established.

(4) In the event the county proceeds with forfeiture of a security device, the issuer of the security device shall, within 30 days of demand of the county, make a written commitment to the county that it will either:

(a) Remedy the noncompliance itself with reasonable diligence pursuant to a time schedule acceptable to the county; or

(b) Tender to the county within 15 days the amount necessary, as determined by the county, to remedy the nonconforming conditions.

(5) Upon completion of either of subsection (4)(a) or (b) of this section, the issuer of the security device shall then have fulfilled its obligations under the applicable security device for only those improvements identified by the county in its notice. If the issuer of the security device elects to fulfill its obligation pursuant to the requirements of subsection (4)(b) of this section, the county, upon completion of the remedy, shall notify the issuer of the actual cost of the remedy. The county shall return, without interest, any overpayment made by the issuer of the security device, and the issuer of the security device shall pay to the county any actual costs which exceeded the county’s estimate, limited to the total security device amount.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 17-004, May 10, 2017, Eff date June 1, 2017)

30.84.060 Emergency work by the county.

(1) The director may determine an emergency exists when:

(a) work covered by a security device has not been completed, was not completed in conformance with the approved plans, specifications, or permit requirements, or is not operating as required and the director determines an emergency situation has been or may be created that may endanger the public health, safety, and welfare; and

(b) The nature or timing of the emergency precludes notification of the applicant and security device issuer as provided in SCC 30.84.050 or the department has attempted to contact the permittee and received no response or the permittee was unable to perform the emergency work required,

(2) When the director determines that an emergency exists as provided above, the county may take action to correct the emergency at the permittee’s expense.

(3) The department shall notify the permittee and security device issuer within four days after commencing emergency work. The notice must state the work that was commenced and the nature or timing of the emergency that necessitated the county to perform emergency work without prior notification.

(4) After the county completes any emergency work the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures.

(5) If funds are collected from a security device the permittee may not proceed with work covered by the security device until the required amount of the security device has been re-established.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.070 Release of security device.

(1) A performance security shall be released when:

(a) All work covered by the performance security has been completed by the permittee and accepted by the director; and

(b) If required, a maintenance security or performance monitoring security have been accepted.

(2) A maintenance security shall be released at the end of the time covered by the maintenance security provided that the facility, as determined by the director, is operating as designed.

(3) A performance monitoring security shall be released when mitigation performance standards have been achieved as determined by the director.

(4) The amount released shall be reduced by any sum forfeited to the county.

(5) Release by the county of the final performance security related to construction permitted pursuant to this title shall constitute final acceptance of the constructed facilities.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.080 Reimbursement of costs.

(1) If the county completes work under SCC 30.84.050 or 30.84.060, the permittee shall reimburse the county all costs incurred by the county in completing the work. If the county seeks reimbursement of expenditures by collecting on a security device, the permittee shall reimburse the county for reasonable costs exceeding the amount of the security device.

(2) When the county uses the proceeds of a security device under SCC 30.84.050 or 30.84.060, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures. For funds collected pursuant to SCC 30.84.050 the county shall return, without interest, any overpayment made by the issuer of the security device.

(3) The county may enforce the provisions of this section using any and all available legal or equitable remedies.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.105 Delayed construction - Performance security.

(1) The director, with the concurrence of the county engineer, may approve the delayed construction of certain public improvements, including landscaping, in a subdivision, short subdivision, commercial or multifamily development, when all of the following are met:

(a) The delay will not create adverse operational or safety impacts or create a threat of significant adverse environmental impacts;

(b) The permittee provides the department with a performance security in accordance with SCC 30.84.105(4);

(c) The request is not to delay the construction of stormwater retention or detention facilities, storm water treatment facilities, stormwater conveyance systems, or erosion and sedimentation control facilities; and

(d) The delayed facilities are constructed to a minimum level of construction as determined by, and acceptable to, the director and county engineer.

(2) Except as approved in SCC 30.84.105(3), construction delayed pursuant to SCC 30.84.105(1) shall be completed within two years of issuance of the performance security.

(3) The director may allow construction approval of a subdivision or short subdivision without the final placement of hot mix asphalt paving on new public roads. The placement of hot mix asphalt paving shall be completed within one year of recording of the subdivision or short subdivision.

(4) The performance security required by SCC 30.84.105(1) shall be in the amount of 150 percent of the estimated cost of all delayed improvements, as determined in good faith by the director taking in to account the following:

(a) The costs of constructing all facilities as specified in the approved plan;

(b) The costs of monitoring the facilities’ performance;

(c) The costs of designing and constructing any corrective work including other mitigation measures which may be necessary to correct the effects on-site and off-site of inadequate or failed workmanship, materials or design; and

(d) Any related incidental and consequential costs, inflation, and the cost of inspection of the work by the department.

(5) The performance security shall remain in effect until final inspection and construction acceptance by the county of all facilities specified by the plans whose construction is secured with the performance security.

(6) For good cause shown, the director, with concurrence from the county engineer, may grant an extension of the deadline for completion of construction imposed by SCC 30.84.105(2) for a time period not to exceed twelve months.

(7) The performance security required pursuant to this section shall not be released or reduced until a maintenance security or performance monitoring security, if required, is accepted pursuant to this chapter.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012)

30.84.110 Right of Way.

To ensure that work or actions proposed within existing public right-of-way requiring a permit pursuant to title 13 SCC is satisfactorily performed and completed in accordance with the approved plans, specifications, permit or approval requirements or conditions, security devices shall be provided as required by title 13 SCC.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.120 Drainage.

To ensure that any development activity for which a full drainage plan is required by chapters 30.63A and 30.63B SCC is satisfactorily performed and completed in accordance with the approved plans, specifications, permit or approval requirements or conditions, security devices shall be provided as follows:

(1) Prior to the issuance of any permit or approval for any development activity for which a full drainage plan is required, the applicant shall furnish the department a performance security. The performance security shall be for the installation and maintenance of erosion and sediment control measures in compliance with the approved plans, specifications, requirements, and regulations. The performance security shall not be released until a maintenance security is accepted.

(2) A maintenance security shall be provided for all installed drainage facilities after final inspection and acceptance by the department and prior to recordation of a subdivision or short subdivision, approval of occupancy of the first new single family detached unit (SFDU), issuance of a certificate of occupancy for condominiums, or any type of commercial project.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016)

30.84.130 Land Disturbing Activity.

To ensure that land disturbing activity governed by chapter 30.63B SCC for which a full stormwater site plan is not required is satisfactorily performed and completed in accordance with the approved plans, specifications, permit or approval requirements or conditions, security devices may be required as follows:

(1) The director may require a performance security to ensure that the installation and maintenance of erosion and sediment control measures will be completed and maintained in accordance with the approved plans, specifications and requirements.

(2) After final inspection and acceptance of all work the department may require a maintenance security.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.84.140 Critical Area Mitigation.

To ensure that all mitigation required by chapter 30.62A SCC is completed and operates in accordance with the approved plans, specifications, permit or approval requirements or conditions, security devices shall be provided as follows:

(1) Prior to issuance of any permit or approval which authorizes site disturbance which requires mitigation pursuant to chapter 30.62A SCC, the director shall require a performance security to assure that all mitigation required by chapter 30.62A SCC is satisfactorily completed in accordance with the approved plans, specifications, permit or approval requirements, and applicable regulations, will be corrected to comply with approved plans, specifications, requirements.

(2) The performance security shall be released when all mitigation is completed to the satisfaction of the department, pursuant to the plans, specifications and permit conditions and the department has accepted a performance monitoring security.

(3) A performance monitoring security shall be provided for all installed mitigation after final inspection and acceptance by the department and prior to recordation of a subdivision or short subdivision, approval of occupancy of the first new single-family detached unit (SFDU), issuance of a certificate of occupancy for condominiums, or any type of commercial project or final of a single-family residence or duplex permit.

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013)

30.84.150 General Landscaping.

(1) If the director approves a planting delay pursuant to SCC 30.25.043(2), a performance security shall be required pursuant to SCC 30.84.105(1), (2), (4) and (5) to ensure that all actions required by chapter 30.25 SCC are satisfactorily performed and completed in accordance with the approved plans, specifications, permit or approval requirements or conditions.

(2) The director may require a maintenance security prior to releasing a performance security accepted pursuant to SCC 30.84.150(1).

(Added Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)