Chapter 14.10
Site Improvements*

Sections:

14.10.010 On-Site and Off-Site Improvements Required

14.10.020 Bond to Defer Improvements

14.10.030 Deferral Period

14.10.040 Security in Lieu of Bond

14.10.050 Action Against the Bond

14.10.060 Substitution of Parties

14.10.070 Restrictive Covenant to Defer Improvements

14.10.080 Maintenance Bond

* For provisions on off-site improvement standards, see Chapter 13.35 SMC.

14.10.010 On-Site and Off-Site Improvements Required

No plat shall be approved until all required on-site and off-site improvements are constructed in a satisfactory manner as determined by applicable departments of the City providing, however, that the construction of such improvements may be deferred in accordance with this chapter. (Ord. 91-1017 § 1)

14.10.020 Bond to Defer Improvements

The construction of required on-site and off-site improvements may be deferred by the City Manager, or designee, upon submission to the Director of an application for deferral, full and complete engineering drawings of the required improvements, and furnishing of a performance bond to the City in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of constructing the required improvements. The decision of the City Manager, or designee, as to the amount of such bond shall be conclusive. (Ord. 95-1012 § 1; Ord. 91-1017 § 2)

14.10.030 Deferral Period

The bond shall specify the exact work to be performed and shall further specify that all such work shall be completed within the time set by the Department of Public Works or, if no such time is set, then not later than one (1) year. The Department of Public Works shall annually review the deferred improvements and the amount of the bond. Should the City Manager, or designee, determine that any improvement need not be immediately constructed, then the deferral may be extended for an additional period of time up to one (1) year. Any improvements deferred for five (5) years shall then be constructed or, if so determined by the City Manager, or designee, shall be waived. The City Manager, or designee, may grant other, or additional, deferrals to senior citizens and to persons of low income when deemed appropriate. Concurrent with the granting of any additional time of deferral, the bond shall be reviewed and increased or decreased as the City Manager, or designee, deems necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of constructing the deferred improvements. (Ord. 95-1012 § 1; Ord. 91-1017 § 3)

14.10.040 Security in Lieu of Bond

The City Manager, or designee, may authorize substitution of a certified check, cashier’s check, or other adequate security in lieu of a bond. Any such check or other security shall be made payable to the City, and shall be in the same amount as the bond would have been, but for the substitution. (Ord. 95-1012 § 1; Ord. 91-1017 § 4)

14.10.050 Action Against the Bond

The City shall have the right, in addition to all other remedies available by law, to proceed against the bond, or other security in lieu thereof, without notice. In event of any suit or action pursuant to this section, the City shall be entitled to recover all costs and expenses of such litigation, including a reasonable attorney’s fees. (Ord. 91-1017 § 5)

14.10.060 Substitution of Parties

The requirement of posting of any bond or other security for deferral shall be binding on the applicant, heirs, successors and assigns. However, no release of the applicant, owner or developer on the bond shall be granted unless an assignee or substitute party will be obligated to perform the construction of improvements, and has provided a new bond or other security to the City. If any such new bond is to be provided by a condominium owners association or property owners association, then it shall be necessary for the association to have voted to assume the obligation and a copy of the minutes of the association, duly certified, shall be filed with the new bond prior to approval by the City. In no case shall substitution of parties be approved if the City Manager, or designee, determines that the new party cannot provide sufficient security to ensure that the improvements will be constructed when required. (Ord. 95-1012 § 1; Ord. 91-1017 § 6)

14.10.070 Restrictive Covenant to Defer Improvements

A restrictive covenant running with the land, in form acceptable to the City, may be substituted for the required bond or other security, but only as to deferral of the construction of improvements relating to single-family development no larger than a short plat, and subject to the following conditions:

A.  The restrictive covenant shall require that the property owner or owners join in any future local improvement district (LID) established to construct the required improvements, and, without waiving the right to object to individual assessments, to pay the pro rata fair share of the final assessment computed by determining the assessment applicable to the original parcel as if it had not been short platted and then dividing that sum by the total number of short platted lots;

B.  There are no similar improvements in the vicinity and there is no likelihood that the improvements will be necessary within the following five (5) year period;

C.  There will be no detrimental effect on the public health, safety or welfare if the improvements are not installed;

D.  There is no likelihood that the zoning or land use of the subject property adjacent to the site will change to a higher classification (which would accelerate the need for the improvements) within the ensuing five (5) year period; and

E.  The restrictive covenant stipulates that the property owner shall immediately construct the deferred improvements at his or her expense upon determination by the City Manager, or designee, that the improvements have become necessary, or in event the City determines to construct the improvements as part of a public works project, then the property owner, or owners, shall make payment to the City of their pro rata share of the cost of the project, computed by determining the charge applicable to the original parcel as if it had not been short platted and then dividing that sum by the total number of short platted lots. (Ord. 95-1012 § 1; Ord. 91-1017 § 7)

14.10.080 Maintenance Bond

The City Manager, or designee, is authorized to require, as a condition of plat approval, the posting of a bond to the City warranting maintenance, repairs and operation of all required on-site and off-site improvements for the period of two (2) years after final approval. (Ord. 95-1012 § 1; Ord. 91-1017 § 8)