Part II General Review Procedures

The purpose of this section is to establish procedures for reviewing site construction plans for site improvements. Site construction drawings are engineering documents that are required for improvements to a particular site.

Public Works Construction Plan Approval.

Upon receipt of approval of a land use permit or preliminary subdivision, the applicant is required to apply for construction plan approval relating to following elements: on-site and off-site stormwater management, erosion control measures, public road and frontage improvements, dedication or deeding of right-of-way, street trees and other required landscaping elements, utilities, and any other improvement related to the development.

The application for construction plan approval shall include a completed construction plan review application form, plans and materials as outlined in the construction plan submittal checklist, and fee as set by Council resolution.

The applicant is required to obtain approvals from the Postmaster and utility purveyors.

Following approval of the construction plans and prior to any site work, the applicant shall schedule a preconstruction meeting with the Public Works Department. All contractors, subcontractors and utility representatives are to meet to discuss any issues related to the construction activity and minimizing impacts to the neighborhood and nearby facilities.

(5)

Pursuant to Section 14.16A.180(b), the Public Works Director may require a performance security to be in place before construction activities are commenced.

Public Improvements Required before Occupancy or Final Plat. Final plat approval or certificate of occupancy shall not be granted unless the required public improvements have been installed and accepted by the Public Works Department or the subdivider has provided a completion security pursuant to Section 14.16A.180(c) to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval or until half of the dwelling units within the plat or phase are issued building permits, whichever comes first. Replacement trees to be located on public property must be planted prior to final plat approval. Replacement trees to be located on a private lot must be installed prior to issuing a final inspection or certificate of occupancy for that lot.

Dedication of Public Stormwater Facilities. Stormwater facilities shall be dedicated to the City at the completion of development. Private and commercial stormwater facilities remain the responsibility of the property owner(s).

Maintenance of Dedicated Facilities until Acceptance. Facilities intended to be dedicated to the City shall be maintained by the owner until such time as the dedication is accepted by the City.

(f)

Protection against Defects.

Whenever public improvements are to be dedicated to the City, the developer shall post a maintenance bond or other sufficient surety pursuant to Section 14.16A.180(c) to guarantee that the developer will correct all defects in such facilities or improvements that occur within two years after the acceptance of dedication of the improvements.

An architect or engineer retained by the developer shall certify to the City that all facilities and improvements to be dedicated to the City have been constructed in accordance with the requirements of this chapter. This certification shall be a condition precedent to acceptance by the City of the offer of dedication of such facilities or improvements.

§ 14.16A.140 Building and Construction Permit Review.

For purposes of this section, the term "defects" refers to any condition that requires repairs over and above the normal amount of maintenance required for a particular improvement.

(g)

Authorizing Use and/or Occupancy before Completion of Development under Land Use Permits. When weather conditions or other factors beyond the control of the permittee (exclusive of financial hardship) make it unreasonable for the permittee to comply with all of the requirements of the permit (exclusive of subdivision approvals), the Planning Director may authorize the commencement of the intended use or the occupancy of buildings, if the permit recipient provides a performance bond or other security to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months) and if the Building Official finds that such occupancy will not result in a safety or health hazard.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 903, Sec. 7, 2013; Ord. 1015, Sec. 4 (Exh. C), 2018)

Procedures and requirements for administering and enforcing building and construction codes are set forth in Chapter 14.80.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

§ 14.16A.150 Phasing Development.

Projects may be completed in phases, provided the phasing meets the requirements of this section.

The developer shall submit site plans that clearly show the various phases or stages of the proposed development and the requirements of this title that will be satisfied with respect to each phase or stage.

Each phase must stand on its own in terms of meeting the requirements of the permit and this title. For example, improvements necessary to support Phase 1 cannot be deferred to be constructed at Phase 2.

§ 14.16A.160 Post-Annexation Processing of Building and Related Permits and Land Use Applications.

The circulation pattern at the end of each phase must result in a configuration that does not create traffic hazards and that adequately supports the level of traffic anticipated to be generated.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

The purpose of this section is to clearly state the process for processing of permits in newly annexed areas consistent with any adopted interlocal agreements.

The City will honor subdivisions, short plats, and other projects that have already vested under Snohomish County development standards pursuant to this section.

The County will continue the building permit review and project inspections of vested active projects and active land use permits pursuant to any adopted annexation interlocal agreement.

After the effective date of an annexation, all new land use and building applications shall conform to City regulations, and all plan reviews and inspections will be conducted by the City.

§ 14.16A.170 Engineering Design and Development Standards.

Transfer by Request of an Applicant. An applicant may request a transfer of a pending building permit application from the County to the City by submitting a written request to the City. The City will recognize any intermediate approvals that are effective prior to transfer of the permit application.

(f)

Permit Renewal or Extension. After the effective date of annexation, any request to renew a building permit or to renew or extend a land use permit issued by the County in the annexation area shall be made to and administered by the City pursuant to Section 14.16A.250.

(g)

Applicant-Requested Change to County Vested Project or County Approved Land Use Permit. Once permit processing has been transferred to the City pursuant to subsections (c) and (d) of this section, or a permit has been approved by the County pursuant to an adopted annexation interlocal agreement, an applicant may request a change to a permit from the City in compliance with the requirements in Section 14.16A.235. Administrative modifications will be pursuant to County code; all other modifications will be pursuant to City code.

(h)

Expiration of County Vested Permits. The vested status of permits in an annexation area which vested in the County before the effective date of the annexation shall expire pursuant to the County code. If the County code does not specifically address expiration, then Section 14.16A.250 shall govern expiration of vested status.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

The Engineering Design and Development Standards, cited routinely as the EDDS, shall govern all new construction and upgrading of transportation facilities, storm drainage facilities and utilities within City rights-of-way, whether occurring under permit or franchise, and other transportation-related improvements mandated by the City's Land Use Code.

Work and materials installed in the existing or future rights-of-way shall conform to the currently adopted version of the EDDS.

The EDDS may be amended or revised by the City Engineer in accordance with the policies in this title and sound engineering practices. A copy of any such amendment or revision shall be filed with the City Clerk and shall be subject to a 10-day public comment period. Copies of the EDDS amendments or revisions may be secured from the Department of Public Works at appropriate fees in accordance with copying charges established by the City Council.

The City Engineer may adopt and incorporate into the EDDS, by reference, other Federal, State and local design standards and specifications and other professionally accepted engineering standards and specifications.

The currently adopted version of the Engineering Design and Development Standards shall be available in the City Clerk's office and the Public Works Department.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

§ 14.16A.180 Security Mechanisms.

General Requirements.

As security the City may accept bonds or assignment of funds. Other forms of security may be accepted if approved by the City Finance Director in consultation with the City Attorney.

In each case where the City requires or allows an applicant to post a security, the Public Works Director and/or Community Development Director (based on type of improvement) shall determine the type of security to be used.

There are four standard types of financial securities: site improvements (public and/or private), landscaping, temporary erosion and sediment control (TESC), and critical areas improvements.

The Public Works Director is responsible for review and approval of site improvements and TESC. The Community Development Director is responsible for review and approval of landscaping and critical areas improvements.

(5)

Performance securities may be presented to the City after preliminary approval of a project but in all circumstances shall be presented prior to any site work, including clearing, grading, or construction.

(6)

Submission of a performance security may be waived by the Public Works and/or Community Development Director if, in the director's opinion, said guarantee of installation is not necessary.

Performance Securities.

TESC Security. Except as provided in subsection (d) of this section, a performance security shall be required for any project on a site greater than one acre in size to guarantee that a site can be closed and/or winterized if necessary, or that measures can be taken by the City to respond to weather-related emergencies. This may include removal of TESC measures and site restoration measures, including implementation of permanent erosion control including soil amendments and replanting with native plants and trees.

Site Performance Security. In addition, a site performance security may be required by the Public Works Director to cover the cost of installing any system-wide public improvements that an applicant has agreed to install as part of an approved project where the lack of installation would cause the system to fail or not be completed in a timely manner. An engineer's estimate (or other qualified professional) is required for location-specific issues or critical areas.

In lieu of installing public improvements per this title or as a condition of a permit, a developer may propose to post a security to ensure completion of the improvements within one year of permit approval.

(ii)

An extension not to exceed one year may be approved by the Public Works Director upon extension of the security or submission of a new one.

Maintenance Securities. Any developer shall provide to the City a maintenance security to cover the cost of replacing or repairing any of the public improvements installed per this title or a condition of a permit.

Amount of the Security.

The amount of a security shall be a percentage, as specified in this subsection, of the estimated cost or engineer's estimate (or other qualified professional) of design, materials, and labor, based on the estimated costs of installing, replacing, or repairing (whichever is appropriate) the improvements covered by the security.

Performance. One hundred fifty percent of the costs specified in subsection (d)(1) of this section.

(ii)

Maintenance. Twenty percent of the costs specified in subsection (d)(1) of this section. An updated engineer's estimate is required for dedicated rights-of-way securities and the security must be provided to the city prior to rights-of-way dedication. The engineer's estimate is to be multiplied by 20 percent.

The Public Works Director and/or Community Development Director shall approve the amount of a security under subsection (a) of this section. The applicant shall prepare for the Public Works Director's and/or Community Development Director's review and approval a cost estimate of the items to be covered by the security.

Reduction of Securities. In those cases where improvement securities have been made, the amount of the guarantee may be reduced upon acceptance of the dedication of a portion of the required improvements. The amount of the reduction shall not exceed the percentage which the improvements just accepted for dedication made up of all originally required improvements. In no case, however, shall the guarantee be reduced to less than 15 percent of the original amount, unless replaced with a new security per subsection (h)(6) of this section.

(f)

Duration of Securities. All securities shall be held until released by the Public Works Director; however, the standard duration of the various securities should be as follows:

Performance. One year or until all improvements are installed and accepted by the City, whichever is greater.

Maintenance. Two years (for frontage improvements, landscaping, and other infrastructure improvements); extendable by the City if repairs are made before the end of the bonding period which, in the opinion of the Public Works and/or Community Development Director, require additional guarantee of workmanship. Five years for wetland maintenance securities in accordance with Section 14.88.278. TESC work does not require a maintenance security.

(g)

Supplemental Administrative Costs. In addition to the security, the applicant shall pay a fee to the City covering the City's actual expenses of administering and, if necessary, using the proceeds of the security. The amount of this fee will be set by resolution.

(h)

Security Agreement. In each case where a security is posted, the applicant and the Public Works Director shall sign a notarized security agreement, approved in form by the City Attorney. The agreement shall provide the following information:

A description of the work or improvements covered by the security and the approved permit numbers.

Either the period of time covered by the maintenance security or the date after which the City will use the proceeds of the performance security to complete the required work or improvements.

The amount and nature of the security.

The rights and duties of the City and the applicant.

(5)

Responsibility to maintain securities runs with the land and is transferred to the new owner upon sale of the property.

(6)

The mechanism by and circumstances under which the security shall be released. At a minimum, after the work or improvements covered by a performance security have been completed, or at the end of the time covered by a maintenance security, the applicant may request the City to release the security. If the applicant has complied with the security agreement and this Code, the Public Works Director shall release the security remaining. If the work has not been completed or repairs not made, then the City shall not release the security until such work is completed per subsection (i) of this section. Partial release of the security may be allowed; provided, that the developer provides a new security in the amount specified in subsections (d) and (e) of this section for the remaining work.

Use of Security Funds by the City.

If during the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a performance security, the Public Works Director and/or Community Development Director determines that the security agreement has not been complied with, the director shall notify the applicant of this. The notice must state:

The work that must be done or the improvements that must be made to comply with the security agreement; and

(ii)

The amount of time, not to exceed 30 days, that the applicant must commence and complete the required work or improvements; and

(iii)

That, if the work or improvements are not commenced and completed within the time specified, the City will use the proceeds of the security to have the required work or improvements completed.

If the work or improvements covered by the security are not completed within the time specified in the notice, the City shall obtain the proceeds of the security and shall cause such work to be completed.

The applicant is responsible for all costs incurred by the City in administering, maintaining, or making the improvements covered by the security(ies). The City shall release or refund any proceeds of a performance or maintenance security remaining after subtracting all costs for doing the work or making the improvements covered by the security. The applicant shall reimburse the City for any amount expended by the City that exceeds the proceeds of the security. The City may file a lien against the subject property for the amount of any excess.