Chapter 18.45
IMPROVEMENTS

Sections:

18.45.010    Required.

18.45.020    Procedure for developer project.

18.45.030    Subdivisions not adjoining city.

18.45.040    Streets.

18.45.050    Intersections.

18.45.060    Water lines.

18.45.070    Sewers.

18.45.080    Sidewalks.

18.45.090    Permanent monuments.

18.45.100    Streetlights.

18.45.010 Required.

(a) The subdivider or developer of any subdivision approved in accordance with this division shall be obligated to install all public improvements, as set forth in this division, in conjunction with building development in the subdivision. Such improvements shall be provided by one of the following methods:

(1) Construction and development as a developer project, paid for entirely by the subdivider or developer.

(2) Construction and development under contract with the council in accordance with a benefit or special assessment district as provided by law.

(3) Posting a satisfactory bond or cash deposit securing to and insuring that such improvements will be completed within a specified time period.

(b) All building permits issued in the subdivision shall be conditioned upon such satisfactory assurances of completion of such public improvements. Fractional or partial public improvements shall be permitted upon the approval of the planning director and public works director. (Ord. 18266 § 5, 6-15-04; Code 1981 § 41-118. Code 1995 § 134-166.)

    Cross References: City council – mayor, Chapter 2.15 TMC; planning department, TMC 2.25.090; public works department, TMC 2.25.110.

18.45.020 Procedure for developer project.

The following procedure shall be followed when the public improvements are proposed to be completed as a developer project:

(a) All proposed street, sanitary sewer, storm sewer and sidewalk improvements to be installed by a subdivider or developer must first be approved by the city engineer. A plan review fee of $42.00 per hour shall be charged. Payment by the developer or subdivider of all plan review fees incurred shall be a condition precedent to the acceptance of the improvements.

(b) The city engineer shall inspect all work done by the subdivider or developer and shall approve or reject as appropriate. A final inspection shall be requested in writing by the developer or subdivider when work is completed. The city engineer’s approval and payment by the developer or subdivider of all inspection fees incurred shall be a condition precedent to the acceptance of the improvements.

(c) Upon approval of such work and payment of all fees, the city engineer shall accept the improvement for maintenance by the city.

(d) The subdivider or developer shall furnish a surety bond conditioned that they shall maintain and make all necessary repairs to the improvements constructed by them, at their own expense, for a period of one year after the date of acceptance of the improvements, where repairs are necessary by reason of defective workmanship, imperfection in material used, or improper, imperfect or defective preparation of the ground upon which the improvement shall be laid. The surety shall be for the benefit of the public and in an amount equal to 10 percent of the total improvement cost, but in no case shall the amount be less than $5,000.

(e) Unless and until such acceptance is made as provided for in this chapter, the city accepts no responsibility for any improvements. (Ord. 16452 § 1(41-119), 4-28-92. Code 1995 § 134-167.)

    Cross References: City engineer, TMC 2.25.110.

18.45.030 Subdivisions not adjoining city.

(a) In those class B subdivisions that do not adjoin or touch the corporate limits of the city or touch an area for which annexation proceedings have been commenced by the city and in all class C subdivisions, all improvements as required by County Resolution No. 77-255, and subsequent amendments thereto, shall be constructed to provide continuity as determined by the county engineer to the furthest extremities of the lots for which building permits are being requested.

(b) If the lots for which building permits are being requested are located in such a manner that access to the nearest existing public improvement is restricted by a separation of ownership and subdivision but having a continuity of dedicated right-of-way, then such connecting public improvements shall not be subject to the provisions of County Resolution No. 77-255. However, the owner of the lots requesting a building permit shall be required to make such improvements as requested by the county engineer; provided, however, all lots abutting on an existing county road, as determined by the county engineer, shall be exempt from County Resolution No. 77-255.

(c) Improvement plans shall be submitted to the county engineer for approval prior to the construction of any subdivision improvement. Inspection and approval of the improvements by the county engineer shall be required prior to the issuance of any building permits. (Code 1981 § 41-120. Code 1995 § 134-168.)

18.45.040 Streets.

(a) Streets shall be graded and improved by construction of curb, gutter and pavement in units of one block or more for streets entirely within the subdivision but may include fractional blocks ending at the subdivision boundaries.

(b) Streets whose centerline is the boundary line of the subdivision and streets whose centerline is the city boundary may be improved to the centerline or city boundary and shall be paid for and provided by the owner of the subdivision in accordance with provisions as set forth above. Such improvements shall conform to the usual requirements for residential street paving.

(c) Major traffic thoroughfare improvements will be furnished by the city when necessary and in the judgment of the council such improvements are vital to the welfare of the city under the following conditions:

(1) If the street is unimproved, a portion comparable in cost to a street improvement in a regulation residential street shall be borne by the owner of the subdivision as set forth above.

(2) If the major traffic thoroughfare is already improved with pavement comparable to the usual residential requirements, the distribution of cost shall be determined by the city as provided by statute.

(d) Streets separating a park from residential or other property shall be improved as provided in subsection (a) of this section and shall be paid for by the subdivider or property owner in accordance with TMC 18.45.010. (Ord. 19323 § 2, 10-20-09. Code 1995 § 134-169.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

18.45.050 Intersections.

(a) The council may, by resolution, reimburse developers for any intersections, including curb, gutter and storm sewers, which the developer has constructed pursuant to subdivision rules and regulations or other requirements of the city.

(b) The council, upon passage and approval of the resolution therefor, is authorized to reimburse the developer for the cost of each intersection so constructed, either on the basis of the developer’s actual cost or on the average amount of the successful competitive bids for construction of the same type intersections for the city during the preceding 12 months, whichever is lower. The cost of such reimbursement shall be paid out of the general obligation bonds. (Code 1981 § 41-122. Code 1995 § 134-170.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

18.45.060 Water lines.

The subdivider shall connect with a public water main and make such connection accessible to each lot within the subdivision. Plans and contracts for such installation shall be submitted to and approved by the city before issuance of building permits and shall be paid for by the owner of the subdivision. (Code 1981 § 41-123. Code 1995 § 134-171.)

18.45.070 Sewers.

(a) Lateral sanitary sewers shall be provided and paid for by the owner of the subdivision or guaranteed as provided in TMC 18.45.010.

(b) Main sanitary sewers shall be furnished by the owner of the subdivision or guaranteed as set forth in this division if it serves only the subdivision for which it is provided. If, in the opinion of the council, it would be beneficial and in the interest of economy for future development outside of the subdivision to do so, a benefit district for main sanitary sewers may be formed and the cost paid by special assessment as provided by law.

(c) Lateral storm sewers and those which accompany street improvements shall be paid for by the owner of the subdivision or guaranteed as set forth in this division.

(d) Main storm sewers shall be furnished by the owner of the subdivision or guaranteed as set forth in this division if it serves only the subdivision for which it is provided. If in the opinion of the council it would be beneficial and in the best interest for future development outside of the subdivision to do so, a benefit district for a main storm sewer shall be formed and the cost paid by special assessment as provided by law. (Code 1981 § 41-124. Code 1995 § 134-172.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

18.45.080 Sidewalks.

In all subdivisions, the subdivider shall construct sidewalks on both sides of all streets which are contained entirely within the boundary of the subdivision. Where the boundary of a subdivision is an existing street or a proposed street, sidewalks shall then be installed on the nearest adjacent side or sides. All sidewalks shall be installed and constructed in accordance with the applicable uniform standards. In subdivisions containing blocks of over 800 feet in length and where pedestrian ways or easements are provided, sidewalks shall be installed within such ways or easements. Sidewalks shall be provided on all street improvement projects which are initiated by the council or contracted for by any federal, state or public body. (Code 1981 § 41-125. Code 1995 § 134-173.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

18.45.090 Permanent monuments.

Permanent monuments shall be placed at each corner of each lot in the subdivision. (Code 1981 § 41-126. Code 1995 § 134-174.)

18.45.100 Streetlights.

(a) Any subdivider, developer or other property owner who plans to restrict a subdivision’s electrical services to underground wiring shall be required to pay any costs of streetlight installation which are above the standard costs for streetlight installations. Standard streetlight installation costs shall be construed to mean the costs of installing a streetlight in the subject subdivision if overhead wiring were available.

(b) Any subdivider, developer or other property owner shall be required to post a satisfactory bond or cash deposit securing to and insuring the city that such subdivider, developer or other property owner will pay the costs of streetlight installations which are above the costs of standard streetlight installations.

(c) If a petition is submitted to the department of public works asking that streetlights be installed in an existing subdivision containing underground electrical wiring, then the department of public works shall proceed with the streetlight installation in that subdivision; provided, however, that any such petition must bear the signatures of at least 75 percent of the homeowners of the subdivision, and such homeowners must obligate themselves to pay for the costs of the streetlight installation which are above the standard costs for streetlight installation. (Code 1981 § 41-127. Code 1995 § 134-175.)

    Cross References: Public works department, TMC 2.25.110.