Chapter 12A.05PROCEDURES

Sections:

12A.05.010
Responsibility of Applicant.
12A.05.020
Environmental Considerations.
12A.05.030
Right-Of-Way Inspections.
12A.05.040
Site Development Inspections.
12A.05.050
Dedications.
12A.05.060
Dedication of Land for Right-Of-Way.
12A.05.070
Private to Public Street Dedication.
12A.05.080
Easements.
12A.05.090
Financial Guarantees.
12A.05.010Responsibility of Applicant.

All development proposals submitted to the City for review and approval shall be prepared by a professional engineer registered in the State of Washington. The City will review the engineer's work for compliance with these regulations. Should errors, omissions, or inaccurate data related to the engineer's work come to the City's attention, the engineer shall agree to be responsible for correcting all substantive deficiencies and shall agree to be responsible for any damages resulting from defective work conducted in reliance upon the engineer's work.

Prior to a development using or proposing to use an existing easement, the applicant shall research and provide to the City all information applicable to that easement. An affidavit shall be signed confirming all information was submitted to the best of the applicant's knowledge.

All surveying and staking shall be performed by or at the direction of a professional land surveyor licensed by the State of Washington. Construction staking shall be sufficient to allow the City Engineer to verify conformance to the approved plans. (Ord. 501 § 3 (part), 2009.)

12A.05.020Environmental Considerations.

An environmental checklist shall be submitted to the City Environmental Official for the work shown on the street and/or storm drainage construction plans submitted to the City for review and approval unless the proposed work is part of a project for which an environmental checklist has already been submitted or the work is categorically exempt per City Environmental Regulations or Chapter 197-11 Washington Administrative Code. A determination of non-significance or a final environmental impact statement shall be issued for the work and any comment period and appeal periods shall have expired before the project plans are given final approval by the City. (Ord. 501 § 3 (part), 2009.)

12A.05.030Right-Of-Way Inspections.

For all right-of-way construction (existing or proposed right-of-way), inspections will be done by the City Engineer, or the designated inspectors for the City Engineer. The applicant shall notify the City at least two business days in advance of each of the following required inspections:

Inspection No. 1: Clearing and grubbing, embankment and excavation, and temporary water detention/retention and siltation control.

Inspection No. 2: Complete drainage system prior to cover; including pipe connections, connections to structures, compaction, etc.

Inspection No. 3: General street; when the drainage system, underground utilities, and street grading to suitable subgrade are complete.

Inspection No. 4: General street; when the crushed gravel surfacing has been placed.

Inspection No. 5: General street; curb, gutter and sidewalk and other appurtenances if required by the approved plans.

Inspection No. 6: General street; while the paving is in progress.

Inspection No. 7: Overall street; after paving, cleaning of drainage system and all necessary cleanup, striping, buttoning, monumentation, and all street delineation work.

Lack of inspection(s) does not relieve the applicant from insuring proper construction and/or compliance with the approved plans and specifications. (Ord. 501 § 3 (part), 2009.)

12A.05.040Site Development Inspections.

The applicant shall be responsible for ensuring conformance to plans for all site development work and stormwater management facilities. The applicant shall notify the City at least two business days in advance of each of the following required inspections:

Inspection No. 1: Installation of erosion control facilities prior to clearing.

Inspection No. 2: Completion of clearing.

Inspection No. 3: Upon completion of excavation, filling, and earthwork.

Inspection No. 4: Completion of project.

Inspection No. 5: Work in City Right of Way per Section 12A.05.030 above.

The project engineer shall be responsible for inspection and approval of the storm drainage system per Section 12A.06.020.

The City has the right to inspect private stormwater facilities at any time. (Ord. 501 § 3 (part), 2009.)

12A.05.050Dedications.

The Applicant shall submit all necessary deeds, easements, etc., to the City for acceptance. The applicant shall bear all cost and responsibility for submitting or recording accepted documents to the Pierce County Auditor's Office. (Ord. 501 § 3 (part), 2009.)

12A.05.060Dedication of Land for Right-Of-Way.

In order to protect the public safety and to aid in the safe movement of pedestrian and vehicular traffic, where the existing width for any right-of-way adjacent to a development site is less than the minimum standards listed in the tables within the Engineering Standards Manual, additional right-of-way dedication shall be required for the following:

A. All new construction.

B. All additions, alterations or tenant improvements.

C. All subdivisions.

D. All single family or duplex homes if located on an arterial street.

E. Reference Section 12A.09.030 (Road Improvements). (Ord. 501 § 3 (part), 2009.)

12A.05.070Private to Public Street Dedication.

The City has no obligation to accept any private street into the City's street system for dedication or maintenance. It shall be the Applicant's responsibility to submit a preliminary site plan showing the street(s) proposed for dedication to the City. The Applicant shall receive the City's written approval before proceeding with street construction plans.

All construction work shall be completed to City standards and/or financial guarantee(s) submitted to the City in the form and amount as required by these regulations before the City will accept the street for dedication and maintenance.

Once the street has been dedicated to the City and accepted for maintenance, the street shall remain open for public use and may not be closed except by the City, as provided by Revised Code of Washington (RCW) sections 47.48.010, 47.48.020, and 47.48.031. (Ord. 501 § 3 (part), 2009.)

12A.05.080Easements.

Easements shall be recorded for facilities used by a limited number of parties when approved by the City Engineer. All easements shall specify the maintenance responsibility in the recording documents. Examples of situations where easements may be used include, but are not limited to:

A. Access for ingress and egress (driveways), or utilities serving a neighboring property.

B. Design features of a street necessitating the granting of slope, wall, and drainage easements.

C. Non-motorized easements to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers. (Ord. 501 § 3 (part), 2009.)

12A.05.090Financial Guarantees.

The City, in its sole discretion, may require a cash guarantee, or an irrevocable letter of credit to the City to ensure the subsequent completion and continued maintenance of all conditions to which a permit is subject. The guarantee or its equivalent shall be in a form acceptable to the City and shall represent a percentage of the estimated cost of design, materials, and labor related to the project in question, based on the estimated costs on the last day covered by the guarantee, of installing, replacing, or repairing, as appropriate, the improvements covered by the security, as agreed to by the Community Development Director and City Engineer. The cost estimate shall be reviewed and approved by the City Engineer prior to acceptance by the City of the guarantee or its equivalent. Guarantees shall be calculated as follows:

A. Amount and duration of guarantees. One hundred fifty (150) percent of the costs specified above, for the duration specified by the City, or until all improvements are installed and accepted by the City, whichever is less.

B. Maintenance guarantee (if required): Twenty (20) percent of the costs specified above, for the duration specified by the City, or until the City is satisfied that maintenance shall continue, whichever is less. However, the guarantee or equivalent may be extended by the City if repairs are made at the end of the guarantee period which, in the opinion of the Community Development Director or City Engineer, require additional guarantee of workmanship.

The cash guarantee or equivalent security may be required by, and presented to, the City upon request for a final project inspection or issuance of certificate of occupancy when required site work, improvements, or landscaping have not been completed. A separate guarantee may be established for landscaping, if deemed necessary by the Community Development Director or City Engineer. All securities shall be held until released by the Community Development Director or City Engineer.

In each case where a security is posted, the applicant and the City Manager shall sign a security agreement, approved in form by the City Attorney. The agreement shall provide the following information:

A. A description of the work or improvements covered by the security; physical address of development property; permit number(s).

B. Either the period of time covered by the security or the date after which the City will use the proceeds of the security to complete the required work or improvements.

C. The amount and nature of the security and the amount of any cash deposit.

D. Name, title, and address of Applicant; name and address of financial institution; account number if applicable.

E. The rights and duties of the City and applicant.

F. An irrevocable license to run with the property to allow the employees, agents, or contractors of the City to enter the subject property for the purpose of inspecting and, if necessary, performing the work or making the improvements covered by the security.

G. The mechanism by and circumstances under which the security shall be released. At a minimum, after the work or improvements covered by a security have been completed, or at the end of the time covered by a maintenance security, the applicant may request that the City release the security. If the applicant has complied with the security agreement and any applicable permit conditions, the Community Development Director or City Engineer shall release the remaining security. If the work has not been completed or repairs not made, then the City shall not release the security until such work is completed. Partial release of the security may be allowed provided that a security is retained equal to one hundred fifty (150) percent of the cost of the remaining work.

If, during the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a security, the City Engineer determines that the security agreement has not been complied with, the City Engineer shall so notify the applicant. The notice shall state the following:

A. The work that shall be done or the improvements that shall be made to comply with the security agreement; and

B. The amount of time that the applicant has to commence and complete the required work or improvements; and

C. That, if the work or improvements are not commenced and completed within the time specified, the City will use the proceeds of the security to have the required work or improvements completed.

If the work or improvements covered by the security are not completed within the time specified in the notice, the City shall obtain the proceeds of the security and shall cause such work to be completed. Applicant shall be responsible for all costs incurred by the City in administering, maintaining, or making the improvements covered by the security. The City shall release or refund any proceeds of a security remaining after subtracting all costs for doing the work or making the improvements covered by the security, including City staff time. The applicant shall reimburse the City for any amount expended by the City that exceeds the proceeds of the security. The City may file a lien against the subject property for the amount of any excess. In each case where the City uses any of the funds of a security, it shall give the applicant an itemized statement of all funds used. (Ord. 501 § 3 (part), 2009.)