A. 
It is the intent to have required infrastructure improvements completed prior to final approval of the proposed land action, while allowing some minor improvements, such as finishing street work, to be completed after final approval if financial assurances that meet the requirements of TMC Section 17.24.040 are provided.
(Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025)
A. 
Approval of a preliminary subdivision, BSIP, boundary line adjustment, or lot consolidation, shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the Short Subdivision Committee or Hearing Examiner; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording.
B. 
Prior to installing improvements, the applicant shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. [Note: See TMC Chapters 11.08 and 11.12 for additional guidance on standards and permit requirements for improvements in the public right-of-way.]
(Ord. 2740, 10/17/2024)
A. 
All improvements installed shall conform to the requirements of this title and the standards, specifications, inspections and procedures as set forth by the Department of Public Works, and shall be installed in accordance with the following procedures:
1. 
Work shall not commence until plans have been checked for adequacy and approved by the Department of Public Works to the extent necessary for the evaluation of the proposal. Plans shall be prepared in accordance with the requirements of the City.
2. 
Work shall not commence until the Department of Public Works has been notified in advance and, if work has been discontinued for any reason, it shall not be resumed until the Department of Public Works has been notified.
3. 
Public improvements shall be constructed under the inspection and to the satisfaction of the Director of Public Works. The Director of Public Works may require changes in typical sections and details if unusual conditions arise during construction to warrant the change.
4. 
All underground utilities, sanitary sewers and storm drains installed in the streets shall be constructed prior to street surfacing. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when surface connections are made.
5. 
Plans showing all improvements as built shall be filed with the City upon completion of the improvements.
(Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025)
A. 
Required Improvements:
Before any final subdivision, BSIP, boundary line adjustment, or lot consolidation is approved, the applicant shall install all required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of the completion of the actual construction of all required improvements (public and private), the Director of Public Works may accept a bond in an amount and with surety and conditions satisfactory to the Director of Public Works, or other secure method, providing for and securing to the City the actual construction and installation of all required improvements. This is in addition to the requirements of TMC Chapter 11.08 requiring a performance bond for all work being done in the public right-of-way. If the Director of Public Works accepts a bond for the completion of the work, the applicant shall execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall:
1. 
Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the Director of Public Works, and properly secured in advance of the required initial completion date.
2. 
Require notice by the applicant to the Director of Public Works promptly upon completion of all required improvements.
3. 
Provide for notice of approval or disapproval by the Director of Public Works of the improvement within a reasonable time after receiving notice of completion.
4. 
Require financial security to be provided by the applicant pursuant to TMC Section 17.24.040.C.
5. 
Provide that, if the applicant fails to complete all required work within the period specified, the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed 90 days from the date of demand.
6. 
Provide that, if the required improvements are not completed within that time, the City may take action to require the applicant to forfeit the financial security.
7. 
Provide that the City shall be entitled to recover all costs of such action including reasonable attorney's fees.
8. 
Provide that, following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred.
9. 
Provide that, should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the applicant.
B. 
Maintenance Agreement:
Regardless of whether all required improvements are completed prior to final approval, as a condition of such approval the applicant shall execute an agreement to assure successful operation of said improvements. [Note: See TMC Section 11.08.160 for details.] The agreement shall:
1. 
Require the applicant to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements.
2. 
Require the applicant to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Director of Public Works, and shall be reasonably related to the burdens that the subdivision will impose on drainage facilities during the time maintenance is required. The City may agree to accept and perform maintenance of the improvements, in which case the applicant's obligation to perform maintenance functions shall terminate.
3. 
Not relieve the applicant of liability for the defective condition of any required improvements discovered following the effective term of the security given.
4. 
Provide a waiver by the applicant of all claims for damages against any governmental authority, which may occur to the adjacent land as a result of construction, drainage, and maintenance of the streets and other improvements.
C. 
Performance Bond:
To assure full performance of the agreements required herein, the applicant shall provide one or more of the following in a form approved by the City Attorney:
1. 
A surety bond executed by a surety company authorized to transact business in the State of Washington.
2. 
An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project.
3. 
An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met.
4. 
A cash deposit made with the City of Tukwila.
D. 
Amount of Financial Security:
The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of records in a format approved by Public Works and meeting current Public Works drawing standards of the “as-built” improvements. The applicant shall provide an estimate of these costs for acceptance by the Director of Public Works.
E. 
Defective Work:
The acceptance of improvements by the City shall not prevent the City from making a claim against the applicant for any defective work if such is discovered within two years after the date of completion of the work.
(Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025)