Chapter 17.18


17.18.010    Installment requirements.

17.18.020    Design and review.

17.18.030    Construction on surety/bond approval.

17.18.040    Off-site improvements and unimproved abutting streets.

17.18.050    Exceptions.

17.18.060    Inspection certification.

17.18.070    As-built drawings.

17.18.080    Maintenance.

17.18.090    Acceptance.

17.18.100    Maintenance agreement.

17.18.110    Required maintenance.

17.18.120    Surety.

17.18.130    Reinspection.

17.18.140    Surety, bonds and fees.

17.18.010 Installment requirements.

Before approval of a final plat, binding site plan, large lot subdivision or final short plat with required public improvements, all required public improvements shall be substantially completed with remaining uncompleted improvements consisting only of sidewalks, tree planting, landscaping, street lights or similar non-life-safety-related improvements approved by the director. Any uncompleted improvements must be provided for by surety or other method as approved by the city attorney. All public improvements shall be installed within one year of final approval or a lesser time as established by the public works director.

(Ord. O2007-005, Amended, 01/15/2008; Ord. 1308, Added, 10/15/1991)

17.18.020 Design and review.

All public improvements and private streets shall be designed by a licensed professional civil engineer and approved by the public works director, whose signature shall appear on each sheet of the design plans.

(Ord. 1308, Added, 10/15/1991)

17.18.030 Construction on surety/bond approval.

Preliminary land division approval or approval of final plans of public improvements by the public works director, whichever occurs last, shall constitute approval to start construction of required public improvements. In lieu of construction of improvements, a land divider may proffer a surety equal in value to not less than fifty percent of the contract cost of the deferred improvements or as estimated by the public works director for the construction of improvements eligible for deferral of completion as provided in TMC 17.18.010. The surety shall be approved by the city attorney.

(Ord. O2007-005, Amended, 01/15/2008; Ord. 1308, Added, 10/15/1991)

17.18.040 Off-site improvements and unimproved abutting streets.

All off-site improvements and unimproved abutting streets necessary for the development shall be constructed except as noted below. Latecomers agreements, in accordance with Chapter 35.91 RCW, and approved by the city council may be drawn for those portions of off-site improvements and abutting streets built by the land divider which benefits other properties.

(Ord. 1308, Added, 10/15/1991)

17.18.050 Exceptions.

A.    Off-site improvement not immediately required to support the development may be deferred with an approved surety and waiver of protest/special power of attorney for a future local improvement district established for construction of the improvement or other such agreement. After formation of said local improvement district, the surety shall be released.

B.    A waiver of protest/special power of attorney for L.I.D.s shall be required for all abutting unimproved streets not constructed by the land divider.

(Ord. 1308, Added, 10/15/1991)

17.18.060 Inspection certification.

The director of community development or his/her designee shall make periodic and final inspections of all constructed public improvements. Upon completion, the public works director shall certify in writing the method of construction, workmanship, materials and testing of the improvements. In the case of sanitary sewers, a report from a qualified firm which has inspected the installation by use of a video surveillance system shall be required. Following written certification by the public works director, he/she shall request that the city council confirm his/her certification of the public improvements.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.18.070 As-built drawings.

Within thirty days of certification, the land divider shall provide the public works director with as-built drawings, warranties, and other documents of the improvements and materials used therein.

(Ord. 1308, Added, 10/15/1991)

17.18.080 Maintenance.

The land divider shall be responsible for the maintenance and timely repair of all public improvements for a period of twenty-four months following final certification by the director of community development.

(Ord. O2018-007, Amended, 10/16/2018; Ord. 1308, Added, 10/15/1991)

17.18.090 Acceptance.

Public improvements shall be deemed accepted by the city two years from the date the public works director’s certification is confirmed by the city council. The time period for acceptance may be extended by council action on recommendation by the public works director.

(Ord. 1308, Added, 10/15/1991)

17.18.100 Maintenance agreement.

The land divider shall submit a maintenance agreement covering all required public improvements and existing public improvements which may be damaged, disturbed, or modified during construction of the land division or private improvements therein.

(Ord. 1308, Added, 10/15/1991)

17.18.110 Required maintenance.

The land divider shall complete any required maintenance within a reasonable time as determined by the public works director or reimburse the city for maintenance it might perform. The city may perform maintenance at the land divider’s expense on any public improvement if the land divider 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 waive the land divider’s responsibility for required maintenance.

(Ord. 1308, Added, 10/15/1991)

17.18.120 Surety.

The land divider shall submit a surety for maintenance equal in value to fifteen percent of the total value of the required public improvements certified by the public works director. Provided however, if the land divider is a public entity which intends to maintain ownership of the property for at least the duration of the maintenance agreement, execution of a maintenance agreement pursuant to TMC 17.18.100 shall be deemed sufficient.

(Ord. O99-011, Amended, 04/20/1999; Ord. 1308, Added, 10/15/1991)

17.18.130 Reinspection.

The director of community development or his/her designee shall reinspect the public improvements at least twice during the maintenance period.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.18.140 Surety, bonds and fees.

A.    Fees. Plan review, inspection and connection fees shall be paid as required by resolution passed by the city council.

B.    Sureties and Bonds. All sureties shall be approved as to form by the city attorney and approved by the public works director as to amount and adequacy.

C.    Release of Sureties. The public works director shall not release or reduce sureties for completed or partially completed required improvements except under the following conditions:

1.    The land divider has submitted a schedule of improvements, the sequence for completion and the value of each part of the improvement for which a release of surety may be sought.

2.    Each segment of a required improvement shall be usable by itself without completion of the remainder of the improvement.

3.    Each segment shall receive inspection and approval by the city before release of the surety for that part of the improvement.

4.    The total of all partial releases or reductions on each improvement shall constitute no more than one hundred percent of the estimated value of the entire completed improvement.

5.    All releases or reductions of sureties shall be approved in writing by the public works director.

(Ord. 1308, Added, 10/15/1991)