Chapter 16.16


16.16.005  Public improvements.

16.16.010  General requirements.

16.16.020  Design and approval – Changes – Public safety.

16.16.030  Public improvements – Future construction.

16.16.040  Performance bond required.

16.16.050  Abutting streets.

16.16.055  Off-site improvements.

16.16.060  Inspection – Determination of compliance.

16.16.070  Final approval.

16.16.080  As-built drawings.

16.16.090  Maintenance of required public improvements.

16.16.100  Assignment of warranty.

16.16.110  Maintenance agreements.

Legislative history: Ord. 97-406 and 2003-572.

16.16.005 Public improvements.

A. No plat, binding site plan, short plat, or other development approval shall be granted without, as a condition of approval, making appropriate provisions for public improvements as elsewhere permitted or required by this code or state law.

B. For purposes of this chapter, the term "public improvement," "required public improvement" or "improvement" means all improvements used by and for the benefit of the public, including, without limitation, streets, sidewalks, walkways, transit stops, utilities, drainage facilities, landscaping, paths, trails, fences, and recreation facilities, and all other required public improvements. (Ord. 2005-609 § 2)

16.16.010 General requirements.

Before final approval of a final plat, binding site plan, final short subdivision, or other development approval, all required public and private improvements shall be installed or guaranteed by a security device acceptable to the city. All public improvements shall be installed within one year of final development approval or a time as established by the director. (Ord. 2005-609 § 2)

16.16.020 Design and approval – Changes – Public safety.

A. All public improvements and private streets shall be designed by a civil engineer licensed in the state of Washington and approved by the city engineer and director. Final approval by the city engineer of the plans for public improvements shall constitute approval to start construction of required public improvements, provided all other required permits and approvals have been granted.

B. The city engineer may require changes or modifications to preliminary or approved plans to conform with this code or as determined necessary in his reasonable discretion.

C. Additional improvements necessary to ensure safe access to the development may be required by the city engineer. (Ord. 2005-609 § 2)

16.16.030 Public improvements – Future construction.

A. The developer shall submit for review and approval all easements, covenants, deeds, security devices, agreements and other documents providing for the future construction and maintenance of required public or private improvements. Such documents shall clearly specify responsibility for construction, maintenance, and operation of the public and private improvements to the satisfaction of the city engineer and shall indemnify and hold the city harmless from all liability, and every action or claim for damages, injury or injunctive relief of any nature, arising from or related to the design, construction, maintenance or operation of all public and private improvements.

B. The developer shall submit a waiver of protest, binding on all heirs, executors, successors and assigns of future local improvement districts which may be established to provide off-site improvements abutting the short subdivision, final plat, or binding site plan.

C. The city engineer shall determine the required improvements that may be appropriate for deferral, if any. All eligible improvements shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements for deferral.

D. All documents shall be approved by the city attorney as to sufficiency, scope and form before acceptance. (Ord. 2005-609 § 2)

16.16.040 Performance bond required.

A. Prior to beginning construction of a short subdivision, preliminary plat, or binding site plan, a private developer shall proffer a performance bond or other security device acceptable to the city attorney and equal in value to not less than 125 percent of the contract cost of the deferred improvements or the engineer’s estimate of the construction costs defined in MCMC 3.42.210. The security device shall cover all improvements required as a condition of development approval, including but not limited to streets, transit stops, utilities, drainage facilities, landscaping, walkways, paths, recreation facilities and any other required improvements.

B. The city engineer shall determine the required public improvements that may be appropriate for deferral, if any.

C. All security devices shall comply with this chapter and Chapter 16.20 MCMC. (Ord. 2005-609 § 2)

16.16.050 Abutting streets.

All unimproved abutting streets and existing abutting streets necessary to serve the proposed development shall be constructed or improved in accordance with this chapter. At a minimum, the developer shall install and/or upgrade such streets to full one-half street dimensions consistent with current city standards. All construction and improvements shall be consistent with the City Engineering Standard Plans and Specifications and the current issue of the Standard Specifications for Road, Bridge, and Municipal Construction published by the Washington State Department of Transportation. (Ord. 2005-609 § 2)

16.16.055 Off-site improvements.

All off-site improvements required as a condition of development approval, whether public or private, shall be constructed, installed, and improved in accordance with city standards and requirements as determined applicable by the city engineer. (Ord. 2005-609 § 2)

16.16.060 Inspection – Determination of compliance.

The city engineer shall make periodic inspection of all required public and private improvements. Upon completion of the required improvements to the city engineer’s satisfaction, the city engineer shall inspect the improvement and determine whether it satisfies in all respects the required method of construction, workmanship, materials and function. No required public or private improvements shall receive final approval until the city engineer has issued a written determination of compliance. (Ord. 2005-609 § 2)

16.16.070 Final approval.

No public improvements may be approved or accepted by the city unless the city engineer has issued a written determination of compliance. Final approval of required improvements shall ordinarily be made by the council at the conclusion of all required maintenance periods and/or recommendation of the city engineer. Final development approval of a development shall not constitute acceptance or ownership of any required public improvement unless explicitly stated in writing by the city. (Ord. 2005-609 § 2)

16.16.080 As-built drawings.

As-builts shall conform to the city of Mill Creek "As-Built Drawing Submittal" requirements. Prior to release of any security device, the developer shall provide the city engineer with satisfactory as-built drawings produced by the engineer named on the approved plans that have the city-approved signatures, warranties, and other documents of the improvements and materials used therein. (Ord. 2005-609 § 2)

16.16.090 Maintenance of required public improvements.

A. Maintenance Obligation. The developer shall be responsible for the maintenance and operation of all required public improvements for a period of 24 months following final approval by the city.

B. Maintenance Bond. The developer shall submit a bond or other security device satisfactory to the city attorney to maintain all accepted public improvements. The security agreement shall be equal in value to not less than 15 percent of the engineer’s estimate of the construction’s cost as defined in Chapter 3.42 MCMC. The security device shall comply with this chapter and Chapter 16.20 MCMC.

C. Defects. When defects in workmanship or the required public improvements are discovered within the maintenance period, the developer shall start work to remedy any such defects within seven days of notice by the city engineer or discovery by the developer and shall complete such work within a reasonable time. In emergencies, where damage may result from delay or where loss of use may result, corrections may be made by the city and the full cost thereof shall be paid by the developer. If the developer does not commence and/or accomplish corrections within the time specified or agreed, then the work may be accomplished by the city and the full cost thereof shall be paid by the developer. The developer shall reimburse the city for all damages or expenses incurred by the city resulting from defects in the developer’s work or the required public improvement, including cost of materials and labor, the cost of engineering, the cost of inspection and supervision by the city and consequential damages.

D. Reinspection. The city engineer shall periodically reinspect public improvements during the maintenance period to ensure satisfactory performance. In the event the improvements do not conform to city requirements or perform to the city engineer’s satisfaction, and upon written notice by the city, the developer shall make all needed repairs and modifications before release of the surety maintenance bond or security device. (Ord. 2005-609 § 2)

16.16.100 Assignment of warranty.

The developer shall obtain all manufacturers’ warranties and guaranties from its subcontractors and/or suppliers for materials used in public improvements and shall assign said warranties and guarantees to the city, prior to the release of any maintenance bond or security device. (Ord. 2005-609 § 2)

16.16.110 Maintenance agreements.

The developer shall submit a maintenance agreement acceptable to the city engineer covering all existing public or private improvements that may be damaged, disturbed, or modified during construction of any development or private improvements therein. (Ord. 2005-609 § 2)