Chapter 16.40
IMPROVEMENTS
Sections:
16.40.010 Drawings and specifications required.
16.40.020 Council approval required.
16.40.040 Conformance to city laws required.
16.40.050 Qualification of contractors.
16.40.060 Inspection required.
16.40.080 Subdivider responsibility.
16.40.090 Approval not deemed acceptance.
16.40.100 Completion of improvements.
16.40.110 Maintenance and correction of defects in improvements.
16.40.120 Guarantee and security.
16.40.140 Protection and repair of existing improvements.
16.40.150 Application of other regulations.
16.40.010 Drawings and specifications required.
All improvements shall be constructed in accordance with plans and specifications approved by the public works directors or city engineer. (Ord. 1161 §1(part), 1984).
16.40.020 Council approval required.
Approval of the council shall be secured before commencement of construction of any improvement. Approval of the final plat by the council shall constitute permission to proceed with construction, providing the plat is accepted for recording by the county auditor. (Ord. 1161 §1 (part), 1984).
16.40.030 Types required.
The following improvements are required for any subdivision within the city, except for subdivisions inside of the rural residential zone having individual lots greater than two acres in size:
A. Street and alley grading and surfacing with asphaltic concrete;
B. In areas zoned for commercial or industrial use, concrete curbs and gutters are required. In areas other than those zoned for commercial or industrial use, the minimum requirement shall be for thickened edge, but concrete curbs and gutters are preferred and may be required;
C. Sanitary sewers;
D. Water mains and hydrants;
E. Piped stormwater drainage facilities;
F. Concrete survey monuments and grass plugs;
G. All utilities placed underground within street rights-of-way or easements. The underground utilities shall be placed at depths adequate to prevent damage to the utilities by surface uses, weather conditions, or frost action. (Ord. 08-05 §3: Ord. 1161 §l (part), 1984).
16.40.040 Conformance to city laws required.
All improvements shall be in accordance with city standards and requirements as given in ordinances and regulations in effect at the time of submission of the final plat. (Ord. 1161 §1 (part), 1984).
16.40.050 Qualification of contractors.
The developer shall file with the city clerk a list of all contractors and subcontractors who are to participate in construction of public improvements. Such contractors and subcontractors shall be subject to the licensing provisions of the state of Washington and shall be subject to disqualification by reason of faulty performance upon past construction work done in the city. (Ord. 1161 §1 (part), 1984).
16.40.060 Inspection required.
All improvements shall be subject to inspection by a duly authorized representative of the city, both during the course of construction and after construction is complete. The inspector shall have the authority to determine whether or not materials of construction, methods of construction and workmanship comply with working drawings and specifications. The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector. The inspector may require that work be suspended for due cause. For purposes of this section, "due cause" includes adverse weather conditions, poor workmanship, the use of questionable materials or methods of construction, and nonadherence to specifications and drawings. (Ord. 1161 §1 (part), 1984).
16.40.070 Notification.
It shall be the responsibility of the subdivider or his contractor to notify the city administrator when work is to be started and to request the assignment of an inspector. The initial notification that a particular improvement is to be started shall be in writing and shall reach the city clerk in advance of the date that inspection is to begin. (Ord. 1161 §1(part), 1984).
16.40.080 Subdivider responsibility.
Approval by the inspector or absence of inspection shall not relieve the subdivider of full responsibility for adherence by his contractors to specification and working drawings or for the use by his contractors of high standards of materials, methods and workmanship. (Ord. 1161 §1(part), 1984).
16.40.090 Approval not deemed acceptance.
Approval by the inspector shall not be deemed acceptance of the improvement by the city. Acceptance shall be only by action of the council and acceptance shall be contingent upon a favorable inspection report signed by the city engineer. (Ord. 1161 §1(part), 1984).
16.40.100 Completion of improvements.
With permission of the council a subdivider may complete one or more improvements prior to final plat approval. If permission is granted the final plat shall only be approved if the city engineer certifies that the improvement or improvements have been completed in accordance with the approved plans and specifications; if inspection reports are favorable and if guarantees and security for maintenance and correction of defects are on file with the city. Alternatively, a subdivider may complete one or more improvements within a reasonable time following final plat approval, which time shall be fixed by the council when approval is granted. (Ord. 1161 §1(part), 1984).
16.40.110 Maintenance and correction of defects in improvements.
The subdivider shall be responsible for:
A. Maintenance of each improvement for two years following completion of construction and acceptance of such improvement;
B. Correcting any defect in materials and/or workmanship arising within two years following completion of construction and acceptance of such improvement; and
C. Protecting all improvements from loss or damage attributable to construction, filling, excavating, landscaping, grading or any other work done within or adjacent to the subdivision. (Ord. 1161 §1(part), 1984).
16.40.120 Guarantee and security.
No final plat will be considered for approval until the subdivider has filed a written guarantee of the completion and maintenance of improvements and correction of defects therein as required by this chapter. Such guarantee shall bind the subdivider to reimburse the city for any and all costs and expenses incurred by it in completing, maintaining and/or correcting defects in improvements in the event the subdivider fails to perform such work within a reasonable time following actual notice of the need therefor. To assure the satisfactory completion of improvements and the successful operation thereof the guarantee shall be accompanied by security as follows:
A. To assure the satisfactory completion of improvements the subdivider shall, at his election:
l. Post a performance bond in a form approved by the city attorney and underwritten by a surety company. The amount of the bond shall be one hundred twenty-five percent of the city engineer’s cost estimate of remaining improvements. With respect to streets, alleys and parking areas, the subgrade, base course and surface course shall be considered a single improvement; or
2. Deposit funds in a blocked account pursuant to terms approved by the city attorney, in the amount of one hundred twenty-five percent of the city engineer’s cost estimate of improvements. The terms may permit partial release of funds from the account as work progresses, consistent with the city engineer’s estimate of costs of remaining work and contingent upon favorable inspection reports, but in no event shall more than eighty-five percent of the deposit be released prior to acceptance of improvements by the council. With respect to streets, alleys and parking areas, the subgrade, base course and surface course shall be considered a single improvement; or
3. Deliver to the city an irrevocable letter of credit issued by a financial institution approved by the city, and in a form approved by the city attorney, in a sum equal to one hundred twenty-five percent of the city engineer’s cost estimate of improvements.
B. To assure the successful operation of improvements for a period of two years following their final approval the subdivider shall, prior to approval, provide security in any of the following three methods selected by the subdivider in the amount of twenty percent of the total costs of improvements. The security shall assure that on failure of the subdivider to maintain improvements or to correct defects in material or workmanship arising within two years following final approval of improvements the city shall recover reimbursement for all costs and expenses attributable to or arising from the subdivider’s failure to maintain or correct the same. The security shall be any of the following: a maintenance bond in a form approved by the city attorney and underwritten by a surety company; the deposit of funds in a blocked account pursuant to terms approved by the city attorney; or the delivery of an irrevocable letter of credit issued by a financial institution approved by the city and in a form approved by the city attorney. (Ord. 1161 §1(part), 1984).
16.40.130 Acceptance.
Acceptance of any improvements shall be only by resolution of the city council, supported by:
A. The recommendation of the city engineer on favorable inspection reports disclosing the improvement has been completed in accordance with the approved plans and specification and is in good repair;
B. An opinion of the city attorney that satisfactory and proper conveyances and dedications have been delivered by the subdivider and that guarantees and security required by this chapter have been filed, reviewed and found sufficient drawings;
C. Proof that the improvement is complete throughout the subdivision as indicated in the final plat and working documents. (Ord. 1161 §1(part), 1984).
16.40.140 Protection and repair of existing improvements.
The subdivider, his contractors and suppliers shall be responsible to insure that existing improvements and the property of the city are not damaged or rendered less useful or unsightly by the operations of the subdivider, his 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, curb and gutter or into catchbasins; 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 clerk shall instruct the subdivider as to the streets to be used for access to the subdivision by equipment and trucks, and the subdivider shall be responsible for the enforcement of this instruction as to his contractors and their suppliers. The subdivider shall make provisions to prevent washing of earth or sand onto sidewalks, streets, curbs and gutters and into catchbasins by stormwater. Where deemed advisable, the council shall have the power to require, either prior to commencement of construction or after construction is in process, that the subdivider post a surety bond to guarantee repair of damages or abatement of nuisances. Expenses incurred by the city in repairing damages, cleaning streets, catchbasins and sewers shall be deducted from the surety bond. (Ord. 1161 §1(part), 1984).
16.40.150 Application of other regulations.
None of the provisions of these regulations pertaining to permission, surety bonds, fees, acceptance and approval shall be construed as exempting subdividers, general contractors, sidewalk contractors, cement contractors, building contractors, plumbing contractors or plumbers, sewer contractors, sewer builders, drain layers, electrical contractors, or electricians or any other contractor or craftsmen from any other ordinance or regulation of the city with respect to licenses, fees, surety bonds, inspection or other control. (Ord. 1161 §l (part), 1984).