Chapter 17A.20
GUARANTEES, DEEDS, AND EASEMENTS

Sections:

17A.20.010    Financial Guarantees.

17A.20.020    Reclamation Guarantees.

17A.20.030    Construction Guarantees.

17A.20.040    Defect and Maintenance Guarantees.

17A.20.050    Temporary Driveway Approach Guarantee.

17A.20.060    Deeds and Easements.

17A.20.010 Financial Guarantees.

A.    Financial guarantees shall be either by bond or assignment of funds.

B.    Financial guarantees shall be on an approved County form.

C.    Financial guarantees under $5,000 must be by an assignment of funds. Financial guarantees greater than or equal to $5,000 may be by assignment of funds or bonds.

D.    All financial guarantees shall run continuously until released by Pierce County and shall not be subject to expirations or cancellations.

E.    In the event that a property is sold, the principal is responsible for transferring the financial guarantee liability by having the new owner(s) replace any existing financial guarantees that the County is holding.

F.    A completed right of entry form meeting the requirements of Title 18 PCC is required prior to acceptance of any financial guarantee covering improvements on private property.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999)

17A.20.020 Reclamation Guarantees.

A.    The purpose of this guarantee is to ensure that adequate erosion control measures are employed during the course of construction and that permanent stabilization is achieved at the conclusion of significant activity. The guarantee may be utilized to reduce drainage impacts and permanently stabilize the site in the event that the County determines a site has been abandoned after construction begins. Pierce County will consider a site to be abandoned based on a lack of response by the principal to correct noted deficiencies or non-completion of improvements prior to permit expiration. Permanent stabilization includes reclamation of the site if a project is abandoned after construction begins.

B.    The guarantee shall be for $1,500 per acre to be disturbed, $1,500 minimum.

C.    The reclamation guarantee must be accepted by Pierce County prior to approval of a site development permit and will be released after the conclusion of significant activity on the project site and upon the recommendation of the County Inspector. The County Inspector will recommend release of the reclamation guarantee when he/she determines that little potential for erosion, sedimentation, or stormwater impacts remains.

D.    Upon identification by the County of deficiencies relating to erosion control, site stabilization, or project abandonment, the County will provide written notification to the principal identifying the deficiencies. The principal will have 10 calendar days to respond. The County will begin collection proceedings after the 10-calendar-day period if the deficiencies are not satisfactorily addressed or satisfactory response detailing how the deficiencies will be addressed in a timely fashion has not been received.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999)

17A.20.030 Construction Guarantees.

A.    The purpose of this guarantee is to ensure the completion of proposed improvements as required by this manual, other ordinances, Hearing Examiner conditions, SEPA mitigation, etc. The construction guarantee will also ensure completion of an improvement in County right-of-way or on County property in the event that a project is abandoned after construction has begun.

B.    The construction guarantee amount can be determined by submitting a scope of work to be accomplished and an engineer's estimate for the cost thereof. The estimate shall be based on current construction cost data. The County will review the estimate and, if acceptable, establish the financial guarantee at 125 percent of the estimate to allow for inflation and administrative expenses should the County have to complete the work. Alternatively, the amount can be determined by using the same percentage of an executed construction contract for all of the work to be guaranteed.

C.    When work is proposed in the County right-of-way, a construction guarantee must be accepted by Pierce County prior to approval of the site development and right-of-way permits for the project. The financial guarantee may be in lieu of construction of required improvements within public rights-of-way except in situations where the work involves a safety or public welfare issue. A construction guarantee for work on private property is required when the project principal desires to obtain final approval of the development project (final plat, short plat, large lot, etc.) prior to construction of some or all of the necessary improvements.

D.    The following conditions must be met prior to release of the construction guarantee:

1.    Completion of the necessary improvements;

2.    Submittal to and acceptance by the County of the Engineer's Inspection Report Form;

3.    Acceptance by the County of the completed construction; and

4.    Submittal to and acceptance by the County of the Defect and Maintenance Guarantee.

E.    All improvements covered under a construction financial guarantee must be completed prior to the expiration of the site development permit. The County may begin collection proceedings after expiration of the site development permit.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999)

17A.20.040 Defect and Maintenance Guarantees.

A.    For all road, access, and storm drainage facilities, the purpose of this guarantee is to ensure that until such time that the Defect and Maintenance Guarantee is released:

1.    The principal will correct any defects in design, construction, or storm drainage facility performance.

2.    Problems caused by or related to inadequate storm drainage facility performance will be corrected by the principal.

3.    The principal will correct any violations of County regulations and standards.

4.    The principal demonstrates that the storm drainage facilities function properly in the final built-out condition of the project.

5.    The principal will thoroughly clean the storm drainage facilities at the conclusion of the defect and maintenance guarantee time period.

6.    The public is not responsible for correcting problems caused by or related to defects in design, construction, or storm drainage facility performance.

B.    In addition, for road, access, and storm drainage facilities that will be privately owned, maintained, and operated, the purpose of this guarantee is to also ensure that until such time that the Defect and Maintenance Guarantee is released:

1.    Problems caused by or related to improper maintenance, improper operation, vandalism, damage from vehicle accidents, or damage from felled trees will be corrected by the principal.

2.    The principal performs all necessary maintenance, operation and associated O&M recordkeeping as specified in the project's approved maintenance manual.

C.    The guarantee amount shall be for 15 percent of the total cost of the road, access, and storm drainage system construction. The total cost can be based on an estimate by the project engineer, or an executed construction contract. The minimum amount of the guarantee is $5,000.

D.    The defect and maintenance guarantee must be submitted to and accepted by the County prior to final construction approval.

E.    For all road, access, and storm drainage facilities, the defect and maintenance guarantee time period will be 24 months (two years) unless modified by the County. The defect and maintenance guarantee time period will begin when final construction approval is granted. Final construction approval will be granted by the County when: the guarantee has been submitted and accepted, all punch list items have been completed (including sidewalks and final asphalt lift), approval has been granted by the County Inspector, the record drawings have been approved, the engineer's inspection report form has been approved, and the maintenance manual/maintenance schedule has been accepted.

F.    The County may extend the 24-month time period in the following situations:

1.    Defects in design, faulty construction, insufficient storm drainage facility performance, or violations of County regulations and standards are discovered.

2.    The principal is unable to demonstrate that the storm drainage facilities function properly in the final built-out condition of the project.

3.    The principal has not performed the required maintenance or is unable to provide adequate documentation of their maintenance and operation activities.

G.    The time period will only be extended if it is necessary to ensure adequate performance and/or compliance with County requirements. The length of any time extension will be determined by the County.

H.    The principal may request in writing a reduction in the 24-month time period for projects that have met all the criteria listed below. The intent is to give the principal a method to reduce the standard 24-month time period on projects that can be built and stabilized quickly. This option does not change the terms for releasing the financial guarantee. In no event shall the time period be less than 18 months.

1.    All site construction has been completed (including but not limited to houses on lots, paving, sidewalks, buildings, impervious surfaces, pervious surfaces, grading, clearing, vegetation removal, and landscaping). The County must accept that permanent erosion control measures have been fully established prior to the beginning of the wet season.

2.    All storm drainage facilities must have gone through one full wet season (October 1 to April 30) after permanent erosion control establishment has been accepted.

3.    The project is not being phased.

I.    The County will perform regular monitoring inspections during the defect and maintenance guarantee time period.

J.    At the end of the defect and maintenance guarantee time period, it is the principal's responsibility to request a financial guarantee release inspection by the County. This request shall be submitted to the County in writing.

K.    For road, access, and storm drainage facilities that will be privately owned, maintained, and operated, the request to release the financial guarantee must include copies of all maintenance logs and documentation that show compliance with the approved maintenance manual.

L.    Projects will be inspected on a first-come, first-served basis. If no deficiencies are noted, the County will release the financial guarantee. If deficiencies are noted, the principal will be notified of the specific deficiencies to be corrected. The principal will have 30 days to respond. The County may begin collection proceedings after the 30-day period if the deficiencies are not satisfactorily addressed. The guarantee will not be released until the County finds that the deficiencies have been corrected.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999)

17A.20.050 Temporary Driveway Approach Guarantee.

A.    The purpose of this guarantee is to ensure the removal of the temporary driveway approach and restoration of the County right-of-way. Removal of the temporary driveway approach means to permanently close the approach by blocking, berming, fencing, or other method suitable to the County. Restoration of the County right-of-way means to restore the County road, shoulder, and storm drainage system to its condition prior to construction of the temporary driveway approach.

B.    The amount shall be $2,000 for each temporary driveway approach to a paved County road, or $1,500 for each temporary driveway approach to a gravel County road. The temporary driveway approach guarantee must be accepted by Pierce County prior to approval of the site development permit for the temporary driveway approach.

C.    Upon removal of the temporary driveway approach and restoration of the County right-of-way, the principal will contact the County Inspector and request inspection. The inspection will be completed on a first-come, first-serve basis. If the removal and restoration work is found to be acceptable, the financial guarantee will be released. If the work is not found to be acceptable, the principal will be notified of the deficiencies to be corrected, the guarantee will not be released until the work is found to be acceptable.

D.    The County will provide written notice to the principal of deficiencies in the removed or constructed temporary driveway approach or the need to remove the temporary driveway approach. The principal will have 30 days to respond. The County will begin collection proceedings after the 30-day period if the deficiencies are not satisfactorily addressed and/or the temporary driveway approach is not properly removed.

(Ord. 2015-48s § 1 (part), 2015; Ord. 2008-59s § 2 (part), 2008; Ord. 99-24S § 2 (part), 1999)

17A.20.060 Deeds and Easements.

The following deeds and easements should be used to convey property or rights to Pierce County:

A.    Statutory Warranty Deed (individual, partnership, or corporate). This document is used to convey real property to Pierce County.

B.    Storm Sewer Easement. This document conveys to Pierce County the right to have and maintain a storm sewer system across a specific parcel of property.

C.    Slope and Utility Easement. This document conveys the right to have fill material or a cut slope and utilities on private property.

D.    Quit Claim Deed. This document is used to release ownership interest when ownership is uncertain and a statutory warranty deed cannot be provided.

(Ord. 2015-48s § 1 (part), 2015; Ord. 99-24S § 2 (part), 1999)