The purpose of this title is to provide a separate title that establishes and codifies the design and construction standards for public infrastructure improvements that occur within the town of Waterville. It is further the purpose of this title to provide a concise location for describing the development standards, including those provisions established and documented by other agencies and/or organizations that may be adopted by the town of Waterville by reference.
(Ord. 612 § 2, 2001)
The requirements of this title shall apply to all street and utility improvements, public or private, to be designed and constructed within the town. The provisions herein shall also apply to all developments, land use activities and permit applications obtained in compliance with the regulations governing development of the town, as established within the Waterville Municipal Code, including but not limited to the zoning code, subdivision code, the technical specifications guidebook and the environment code.
(Ord. 612 § 2, 2001)
A. 
The standards for the construction of all additions and/or improvements to town facilities shall be those contained within this title, and are intended to represent the minimum standards for the design and construction of public facilities. These standards are intended as guidelines for designers and developers in preparing their plans, studies and/or reports and for the town in reviewing the same. Where minimum values are stated, greater values should be used whenever practical, and where maximum values are stated, lesser values should be used where practical.
B. 
The town may require more stringent standards to be followed if, in the circumstances of a particular project, more stringent standards or different materials or equipment are necessary to protect the public health, safety or welfare, or to prevent or mitigate potential adverse environmental impacts. If more stringent standards are required to be met, then the town shall provide timely written notification to the contractor of the more stringent standards with a written explanation as to the reasons therefor.
C. 
Alternate design standards may be accepted when it can be shown, to the satisfaction of the town, that such alternate standards will provide a design equal to or superior to that specified. In evaluating the alternate design, the town shall consider appearance, durability, ease of maintenance, public safety and other appropriate factors, including the most current version of "Standard Specifications for Road, Bridge and Municipal Public Works Construction," prepared by the Washington State Chapter, American Public Works Association (APWA), and the Washington State Department of Transportation (hereafter referred to the "standard specifications").
D. 
Where improvements are not covered by this title or by the standard specifications or any other referenced document, the town will be the sole judge in establishing appropriate standards. Where these standards conflict with any existing town ordinances, or if discrepancies exist within the body of this text, the higher standards shall be utilized as determined by the public works superintendent.
E. 
It is the developer's responsibility to be fully informed regarding the nature, quality and the extent of the work to be done, and if in doubt, to secure specific instructions from the town.
F. 
The developer shall be responsible for paying for all costs and expenses incurred by the town in the pursuit of project submittal, review, approval construction and inspection. These costs include, but are not limited to, the utilization of staff and consultants as may be necessary, at the town's discretion, to adequately review and inspect construction of the project(s). All legal, planning, administrative and engineering fees for project review, meetings, approvals, site visits construction inspection, etc. shall be subject to the provisions of WMC § 16.04.080 and/or any other fees that may be established by the town council from time to time. The developer is cautioned that project approval, town acceptance and/or occupancy permits will be denied until all bills are paid in full.
G. 
Subject to review, the public works superintendent or designee may waive plan requirements, wholly or in part, based on the following criteria:
1. 
No more than 5,000 square feet will be cleared and graded within the town right-of-way or easement; and
2. 
The existing grade or slope in the town right-of-way or easement does not exceed 12 percent; and
3. 
The work will not intercept a stream or wetland or otherwise impact natural surface drainage as set forth in this code and/or the standard specifications; and
4. 
The work is required as part of a development permit that involves less than 100 lineal feet of existing public improvement; and
5. 
The submitted drawings and required permits, demonstrating compliance with the provisions contained within this title, are sufficient to describe the improvements to be constructed.
(Ord. 612 § 2, 2001)
A. 
Other laws, ordinances, regulations and plans have a direct impact on the development of land. As part of the overall development regulations for the town of Waterville, this title recognizes and incorporates the standards, provisions and regulations contained in other rules, regulations and ordinances of the town, including but not limited to the zoning code, the development standards code, the comprehensive plan, the technical specifications guidebook, the Uniform Building Code, etc., as they exist now or as may hereafter be amended. These laws, regulations and ordinances pertain to items including but not limited to streets, sidewalks, water systems, sanitary sewer systems, storm drainage facilities, and including the laws, ordinances, regulations and plans of federal, state and local agencies. As such, approvals granted pursuant to this title shall only occur in compliance with these other regulatory tools as well as the comprehensive plan and any other applicable planning documents.
B. 
Where provisions of other official controls and regulations overlap or conflict with provisions of this title, whether federal, state or local, the more restrictive provisions shall govern.
C. 
Neither this chapter nor any administrative decision made under it:
1. 
Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or
2. 
Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity.
(Ord. 612 § 2, 2001)
Design and construction of required public improvements shall be completed in the following manner:
A. 
The developer shall submit three complete sets of construction drawings and specifications, designed and certified by a licensed civil engineer registered in the state of Washington, prior to starting construction. The construction drawings and specifications shall comply with the specific conditions of approval for the project, as well as conforming to all applicable town codes, regulations, rules and policies.
B. 
Work shall be performed only by a Washington State licensed and bonded contractor with experience in municipal public works construction.
C. 
After the construction drawings and specifications have been approved by the town engineer, and prior to the start of construction, a preconstruction meeting shall be conducted. The applicant/developer, his/her on-site job supervisor, representatives of any and all subcontractors, affected utility purveyors, other affected agencies, the town public works superintendent and other town personnel as needed shall attend the preconstruction meeting. At this meeting, the construction drawings and specifications will be reviewed along with any specific issues or concerns related to the project, construction materials to be used shall be reviewed and approved, and the developer will provide a project schedule detailing the timing and sequencing of construction activities.
D. 
At the conclusion of the preconstruction meeting, the public works superintendent shall authorize the developer to proceed with construction in accordance with the approved construction drawings and specifications, and as described and agreed to at the preconstruction conference. As determined necessary by the town for complex projects, the construction of improvements may be required to proceed under the supervision of a licensed civil engineer.
E. 
Any necessary changes to the original, approved construction drawings or specifications shall be submitted to and approved by the town in advance of the construction of those changes.
F. 
The town may conduct periodic inspections of the work in progress during construction to determine conformance with the approved construction drawings and specifications, any agreements formed during the preconstruction meeting and with other town regulations. These inspections will not serve to direct the construction activities or otherwise administer the project, or make any determinations as to the percentage of completion of any portion of the project. As determined necessary by the town, the inspections may be performed by a licensed civil engineer. The lack of inspection by the town will not alter the responsibilities of the developer to properly construct the project.
G. 
The town may require special tests such as material tests, compaction tests, structural tests, performance tests of mechanical items or television inspection and videotaping, to be conducted by the developer for submittal to the town.
H. 
Upon completion of the initial phases of construction and at the final completion of the work, the town may require reports, drawings and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the town. The developer shall furnish the town with an itemization of all costs associated with the construction of the public streets and/or utilities in order that a bill of sale can be prepared.
I. 
The permittee or his/her agent shall notify the town when the operation is ready for final inspection. Final approval, including acceptance of the improvement when applicable, shall not be given until all work has been completed in accordance with the final approved plans and specifications, any as-built drawings and/or supplemental reports have been submitted and accepted, and all fees have been paid.
J. 
After the completion of construction and acceptance of the improvements by the town, three sets of "as-built" drawings showing the improvements as constructed shall be certified as true and complete by a registered civil engineer and one copy shall be reproducible mylar. The certified "as-built' drawings shall be submitted to the town prior to any final approvals and/or acceptance of the improvements by the town.
K. 
The developer shall be required, upon completion of the work and prior to acceptance by the town, to furnish the town with a written guarantee covering all material and workmanship for a period of two years after the date of final acceptance and the developer shall make all necessary repairs during that period at his own expense, if such repairs are necessary as the result of furnishing poor materials and/or workmanship. The developer shall obtain warranties from the contractors, subcontractors and suppliers of material or equipment where such warranties are required and shall deliver copies to the town upon completion of the work. The surety shall be equal in value to 15 percent of the total value of the required public improvements as determined by a licensed professional engineer. The town shall withhold final approval until any required security for completion and the required security for maintenance are filed. The town may perform maintenance on any public improvement if the developer fails to complete the work within the specified time, or if timely completion is necessary for public health, safety or welfare. Maintenance performed by the town during the required maintenance period does not waive the developer's responsibility for required maintenance.
L. 
The developer shall have all public improvements inspected by a licensed professional engineer one month prior to the end of the warranty and maintenance period and document the inspection in a report to be submitted to the town. Said professional engineering report shall be required prior to final acceptance of the public improvements by the town. In the event that flaws in workmanship or materials occurs during the two-year warranty period, final acceptance may be extended by the town on recommendation by a licensed professional engineer.
M. 
The original design drawings drawn on linen or mylar and other necessary data shall also be submitted at the completion of construction for completion of construction record drawings by the town and shall remain the property of the town.
(Ord. 612 § 2, 2001)
A. 
All improvements shall be fully completed prior to the final approval of a development permit, land division, issuance of a certificate of occupancy or actual occupancy, as directed by applicable codes or regulations, unless an alternative performance assurance device, a contractual agreement, an agreement and partial funding for a local improvement district (LID), or a bond between the developer and the town has been executed and approved in accordance with this chapter.
B. 
The performance assurance device shall be approved by the town council in an amount approved by the town engineer, as appropriate, and shall be in a form acceptable to the town attorney.
C. 
The performance assurance device shall be for a period of not more than one year for each phase of the development, unless a time schedule for the performance assurance device is approved by the town. The time period may be extended depending on the type of project and phasing schedule.
D. 
The town shall determine the specific type of assurance device required in order to insure completion of the required conditions of approval. The value of the device shall equal at least 150 percent of the estimated cost of the required improvements, as reviewed and approved by the town. The assurance device shall be utilized by the town to perform any necessary work, to reimburse the town for performing any necessary work, and to reimburse the town for documented administrative costs associated with action on the device. If costs incurred by the town exceed the amount provided by the assurance device, the property owner and/or applicant shall reimburse the town in full, or the town may file a lien against the subject property for the amount of any deficit.
E. 
If the performance device or evidence of a similar device is required, the property owner and/or applicant shall provide the town with an irrevocable notarized agreement granting the town and its agents the right to enter the property and perform any required work remaining uncompleted at the expiration of the completion date(s) identified in the assurance device.
F. 
Upon completion of the required work by the property owner and approval by the town, at or prior to expiration of the completion date(s) identified in the assurance device, the town shall promptly release the device or evidence thereof.
G. 
The town may enforce the bonds or performance or maintenance security described in this chapter according to their terms, pursuant to any and all legal and equitable remedies. In addition any completion or maintenance security filed pursuant to this chapter shall be subject to enforcement in the following manner:
1. 
In the event the improvements are not completed as required, or maintenance is not performed satisfactorily, the town shall notify the property owner and/or applicant and the guarantor in writing, which shall set forth the specific defects which must be remedied or repaired and shall state a specific time by which such shall be completed.
2. 
In the event repairs or maintenance are not completed as specified in the notice referred to in subsection (G)(1) of this section by the specified time, the town may proceed to repair the defect or perform the maintenance by either force account, using town forces, or by private contractor. Upon completion of the repairs or maintenance, the costs thereof, plus interest at 12 percent per annum, shall be due and owing to the town from the owners and guarantor as a joint and several obligation.
H. 
In the event the town is required to bring suit to enforce maintenance, the property owner and/or applicant and guarantor shall be responsible for any costs and attorneys' fees incurred by the town as a result of the action. In the event that the security is in the form of a cash deposit with the town, the town may deduct all costs set forth in this section from the cash on deposit and the property owner and/or applicant shall be required to replenish the same for the duration of the guaranty period.
(Ord. 612 § 2, 2001)
The public works superintendent or town engineer may suspend or revoke a permit or issue a stop work order whenever he/she determines that:
A. 
The activities or intended activities have become or will constitute a hazard to persons; endangers property; adversely affects the safety, use or stability of any public way or facility; or
B. 
The owner/developer and/or the authorized representatives have violated a provision of the permit or of other provisions of the WMC; or
C. 
There are changes in the site characteristics upon which a waiver was granted or a permit was approved; or
D. 
Construction is not in accordance with the approved plans and specifications; or
E. 
Noncompliance with correction notice(s) previously issued for the site.
(Ord. 612 § 2, 2001)
The town may decline to accept responsibility for the maintenance of streets, utilities and/or any other required public improvements until said improvements are completed and accepted in writing by the town.
(Ord. 612 § 2, 2001)
A. 
The town hereby authorizes owners of real property within the town to enter into agreements with the town for the extension of street facilities to such real property, and authorizes owners of real property within the town or without the town limits to enter into agreements with the town for the extension of water, sewer, and storm water facilities to such real property. The owner of the property for which the improvements are being made shall enter into a developer extension agreement with the town on forms supplied by the town, post a performance bond and insurance as provided herein, and pay all applicable administrative, inspection, and permit fees, and all actual costs to the town associated with the project that exceed the fees established from time to time by the town council, including but not limited to legal, engineering, consultant and planning fees, as set forth in the agreement. Applicants for developer extension agreements shall be in compliance with all town ordinances, rules and regulations to be eligible for processing of their application.
B. 
If any public utilities such as water mains, sanitary or storm sewers are required, for the purpose of benefiting additional or adjacent properties, to be sized larger than the minimum sizes set forth in this title, or as required by other regulatory guidelines, then such utility shall be constructed to such size and design as determined by the town engineer. Reimbursement to the developer for the costs of this oversize construction in order to benefit additional or adjacent properties, and the terms of the oversize reimbursements, will be defined in the developer extension agreement and prior to start of construction. If the terms are not established in the developer extension agreement and actual amounts determined prior to the start of construction, then the developer/owner will have been deemed to have waived his right to any oversizing credit.
(Ord. 612 § 2, 2001)
The definitions stated in the WMC, particularly in the zoning and land division titles, shall apply in this title, along with any definitions in the codes and specifications identified in this title. If there is a conflict between definitions, those found in the town's rules, regulations, ordinances, policies and plans shall prevail.
Additionally, the following abbreviations are used throughout this title:
ASTM
American Society for Testing and Materials
WSDOT
Washington State Department of Transportation
MUTCD
Manual on Uniform Traffic Control Devices
APWA
American Public Works Association
AWWA
American Water Works Association
ANSI
American National Standards Institute
ASA
American Standards Association
ITE
Institute of Traffic Engineers
(Ord. 612 § 2, 2001)
Permit, professional review and construction inspection and administration fees compensate the town for the costs associated with the construction of street and utility improvements. Any fees associated with required permits and the review and approval of construction plans required herein shall be as established by the town council from time-to-time. Where it is determined by the town that it is necessary to utilize outside professional resources, including but not limited to engineers, attorneys, planners or inspectors, associated fees for those service shall be paid for by the applicant/developer.
(Ord. 612 § 2, 2001)
Any person, partnership, association, firm or corporation who violates or fails to comply with this title is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set for in Chapter 14.90 WMC, which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the town may be entitled by law. Any violation of this title is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the WMC and the laws of the state of Washington.
(Ord. 612 § 2, 2001)
Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title.
(Ord. 612 § 2, 2001)