Chapter 16.40


16.40.010    Design and approval of improvements.

16.40.020    Construction and maintenance of improvements.

16.40.030    Guarantee for completion of improvements.

16.40.010 Design and approval of improvements.

All improvements shall be designed by a professional engineer licensed in the state of Washington, shall satisfy the requirements of the development standards, and shall be approved by the public works director. Final approval of plans for public improvements and a preconstruction conference by the public works department shall constitute approval to commence construction of required improvements. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.40.020 Construction and maintenance of improvements.

All improvements shall be constructed and maintained in accordance with the development standards in effect upon the date of the initial application for approval of a land division. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.40.030 Guarantee for completion of improvements.

In lieu of completing improvements prior to the final approval of a land division, the subdivider may file a financial surety in a form approved by the city attorney prior to submitting the final land division for approval, guaranteeing the actual construction and installation of improvements, as follows:

A. The financial surety is legally enforceable and shall provide the city with a guarantee the improvements will be completed and that it is superior to all other possible claims against the property within the land division, including, but not limited to, and by way of example, any claim entitled to a lien under Title 60 RCW; any mortgage or deed of trust; any claims of a trustee appointed under any chapter of the United States Bankruptcy Code; any claims of a receiver appointed pursuant to the laws of the state of Washington; and liens for state or federal taxes.

B. The subdivider shall pay all costs of the city for review and perfection of the proposed financial surety.

C. The amount of the financial surety is sufficient to anticipate the actual cost of the construction of the improvements, as determined by the public works director, plus the sum of not less than fifty percent.

D. The improvements shall be completed by the subdivider on or before one year after final approval of the land division.

E. The improvements shall be completed according to the standards in force at the time the final land division is approved, subject to the determination that newer standards adopted by the city may apply due to an unforeseen event that is necessary to protect the health, safety and welfare of the public. (Ord. 1397 § 8 (Exh. 7) (part), 2009).