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 installed or provided for by surety or other method. All public improvements shall be installed within two years of final approval or a lesser time as established by the public works director.
(Ord. 92-9 § 3, 1992)
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. 92-9 § 3, 1992)
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 provide a surety equal in value to not less than 125 percent of the contract cost of the deferred improvements, or as estimated by the public works director. The surety shall cover all improvements required as a condition of approval, including, but not limited to, public/private streets, utilities, streetlights, drainage facilities, landscaping, walkways, paths, and recreation facilities. The surety shall be approved by the town attorney and the mayor.
(Ord. 92-9 § 3, 1992)
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 town ordinances and approved by the town council may be drawn for those portions of off-site improvements and abutting streets built by the land divider which benefits other properties.
(Ord. 92-9 § 3, 1992)
A. 
Off-site improvements 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 such local improvement districts the surety shall be released.
B. 
A waiver of protest/special power of attorney for local improvement districts shall be required for all abutting unimproved streets not constructed by the land divider.
(Ord. 92-9 § 3, 1992)
The public works director 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, material 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 unless specifically waived in writing by the public works director. Following written certification by the public works director, he shall request that the town council confirm his certification of the public improvements.
(Ord. 92-9 § 3, 1992)
Within 30 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. 92-9 § 3, 1992)
The land divider shall be responsible for the maintenance and timely repair of all public improvements for a period of 12 months following final certification by the town council.
(Ord. 92-9 § 3, 1992)
Public improvements shall be deemed accepted by the town one year from the date the public works director's certification is confirmed by the town council. The time period for acceptance may be extended for up to one additional year by council action on recommendation by the public works director.
(Ord. 92-9 § 3, 1992)
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. 92-9 § 3, 1992)
The land divider shall complete any required maintenance within a reasonable time as determined by the public works director or reimburse the town for maintenance it might perform. The town 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 town during the required maintenance period does not waive the land divider's responsibility for required maintenance.
(Ord. 92-9 § 3, 1992)
The land divider shall submit a surety for maintenance equal in value to five percent of the total value of the required public improvements certified by the public works director.
(Ord. 92-9 § 3, 1992)
The public works director or his/her designee shall reinspect the public improvements at least twice during the maintenance period.
(Ord. 92-9 § 3, 1992)
A. 
Sureties and Bonds. All sureties shall be approved as to form by the town attorney and approved by the public works director as to amount and adequacy.
B. 
Release of Sureties. The mayor 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 town 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 100 percent of the estimated value of the entire completed improvement;
5. 
All release or reductions of sureties shall be recommended in writing by the public works director and approved by the mayor.
(Ord. 92-9 § 3, 1992)