Chapter 17.22
PUBLIC IMPROVEMENTS
Sections:
17.22.010 Public use and interest.
17.22.020 Installation of public improvements.
17.22.030 Design and review of public improvements and private streets.
17.22.040 Construction of public improvements—Bond or security alternate.
17.22.050 Off-site improvements and unimproved abutting streets.
17.22.060 Exceptions to requirements of Section 17.22.050.
17.22.070 Inspection and acceptance of public improvements.
17.22.080 Maintenance of public improvements.
17.22.010 Public use and interest.
The city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school and determine whether the public interest will be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provisions for the public health, safety and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If it finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the city council may disapprove the proposed plat. Dedication of land to any public body, may be required as a condition of subdivision approval clearly shown on the final plat. The city council shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners (see RCW 58.17.110). (Ord. 1524 § 6 (part), 1991).
17.22.020 Installation of public improvements.
Before final approval is given, all required public improvements shall be installed or provided for by the furnishing of a surety bond or other security or method. All public improvements shall be installed or provided for by the furnishing of a surety bond or other security or method. All public improvements shall be installed within one year of final approval. (Ord. 1524 § 6 (part), 1991).
17.22.030 Design and review of public improvements and private streets.
All public improvements and private streets shall be designed by a licensed civil engineer and approved by the city engineer. (Ord. 1524 § 6 (part), 1991).
17.22.040 Construction of public improvements—Bond or security alternate.
Preliminary plat approval or approval of final plans of public improvements by the city engineer, whichever occurs last, shall constitute approval to start construction of required public improvements. In lieu of construction of improvements, a subdivider may proffer a surety bond or security satisfactory to the city equal in value to not less than one hundred twenty-five percent of the contract cost of the deferred improvements or as estimated by the city engineer. The surety bond or agreement as to other security shall be subject to approval by the city attorney. (Ord. 1524 § 6 (part), 1991).
17.22.050 Off-site improvements and unimproved abutting streets.
All off-site improvements and unimproved abutting streets necessary to development of the subdivision shall be constructed except as is noted below. Late-comers agreements, in accordance with the provisions contained in RCW Chapter 35.91 may be drawn and executed for those portions of off-site improvements and abutting streets built by the subdivider which benefit other properties. (Ord. 1524 § 6 (part), 1991).
17.22.060 Exceptions to requirements of Section 17.22.050.
A. Off-site improvements not immediately required to support the subdivision development may be deferred with an approved surety bond or other security satisfactory to the city and/or waiver of protest of a future local improvement district established for construction of the improvement.
B. A waiver of protest shall be required for all abutting unimproved streets not constructed by the subdivider. (Ord. 1524 § 6 (part), 1991).
17.22.070 Inspection and acceptance of public improvements.
A. Inspection Certification. The city engineer or his designee shall make final inspection of all constructed public improvements. Upon completion, the city engineer shall certify the method of construction, workmanship, materials and test of the improvements.
B. As-Built Drawings. Within thirty days of certification, the subdivider shall provide the city engineer with as-built drawing, warranties, and other documents of the improvements and materials used therein.
C. Acceptance. Public improvements shall be deemed accepted by the city two years from the date of final inspection. Acceptance may be extended by action of the city council upon the recommendation of the city engineer. (Ord. 1524 § 6 (part), 1991).
17.22.080 Maintenance of public improvements.
The subdivider shall be responsible for the maintenance of all public improvements for a period of twenty-four months following final inspection. Such maintenance shall include the following:
A. The subdivider shall submit a maintenance agreement in form and content satisfactory to the city covering all required public improvements and existing public improvements which may be damaged, disturbed or modified during construction of the subdivision or private improvements therein.
B. Required Maintenance. The subdivider shall complete any required maintenance within a reasonable time as determined by the city superintendent or reimburse the city for such maintenance as the city might perform. The city may perform maintenance on any public improvement if the subdivider fails to complete the work within the specified time or if timely completion is necessary for the public health, safety or welfare. Maintenance performed by the city during the required maintenance period does not relieve the subdivider of any of his responsibilities for required maintenance and is not to be construed as a waiver on the part of the city of any duties or payments required on the part of the developer.
C. Surety Bond or Other Security. The subdivider shall submit a surety bond or other security satisfactory to the city for maintenance equal in value to fifteen percent of the total value of the required public improvements certified by the city engineer. Such bond or the agreement as to other security shall be subject to approval by the city attorney.
D. Reinspection. The city engineer or his designee shall reinspect the public improvements at least once during the maintenance period and report his findings to the city superintendent. (Ord. 1524 § 6 (part), 1991).