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Home My WebLink AboutORD 4308 ;. ., '' �1 • " Amends Ordinance No.. 2667, 2823, 3539, 3592, 4088 - � � � � �I�'lendtd bY Ord' y.5�;� CITY OF RENTON, WASHINGTON ORDINANCE NO. 4308 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 12, RENTON SUBDIVI5ION ORDINANCE, OF TITLE IX (PUBLIC WAY5 AND PROPERTY} OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" AS IT RELATES TO DEFERRED PLAT IMPROVEMENTS. . THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: � SECTION I. Section 9-12-8 .V of Chapter 12, Renton Subdivision Ordinance, of Title IX (Public Ways and Property} of Ordinance No. 4260 enti�led "Code of General Ordinances of the City +� of Renton" is hereby amended to read as follows : Section 9-12-8.V: Deferred Improvements . No final plat shall be submitted to the Hearing Examiner or accepted by the City Council until all improvements are constructed in a satisfactory manner and approved by the responsible departments or those improvements '' remaining unconstructed and unapproved have been deferred by the Board of Public Works and security for such unconstructed or unimproved improvements has been satisfactorily posted. �I 1 . Deferral and Security: If a developer wishes to i defer certain on-site or off-site improvements for more than ninety (90) days after obtaining a certificate of occupancy for any I structures, or in the case of plats, final plat approval, then written application shall be made to the Board of Public Works . Should the Board of Public Works so rule, then full and complete engineering drawings shall be submitted as a condition precedent to the granting of any deferral . Upon approval by the Board of Public 1 . � • � � I �� . � ORDINANCE NO. 4308 , Works for such deferment, for good cause shown by the applicant, the applicant shall thereupon furnish security to the City in an amount equal to one hundred fifty percent ( 150�) of the estimated cost of the installation and required improvements . The decision of the Board of Public Works as to the amount of such security shall be conclusive. 2 . Time Limit: Such security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Board of Public Works, and if no time is so specified, then no later than one year. The Board of Public Works shall annually review the deferred improvements and the amount of the security. Should the Board of Public Works determine that any improvement need not be installed immediately, then the Board of Public Works may extend the deferral for an additional period of time up to an additional year. Any improvement deferred for five (5) years shall be required to be installed or shall be waived, unless the Board of Public Works determines that it is more likely than not that the improvements would be installed within an additional five (5} year period of time, in which case the Board may continue to defer the improvements year to year subject to the other conditions contained in this ordinance. Should any improvement be initiated before the lapse of a deferral, and the work is diligently pursued, then the Board of Public Works may extend the deferral period for a term equivalent to the time necessary to complete construction, but subject, however, to continuation of the security. I At the same time as the granting of any additional deferral, the 2 i . ' . . • ORDINANCE NO. 4308 security for such deferral sliall be reviewecl and increased or decreased as the Board of Public Works shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent ( 150�a) of the estimated cost of the installation of the deferred improvement. 3. Acceptable Security: Security acceptable under this ordinance may be cash, letter of credit, set-aside letter provided �I that the funds cannot be withdrawn, spent, or committed to any I, third-party, or a savings account assigned to the City of Renton and blocked as to withdrawal by the secured party without the City`s approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the City accept a performance bond. Any security device must be payable to the City of Renton upon demand by the City of Renton and not conditioned upon approval or other process involving the applicant. Security must be �� unequivocally committed to the project being secured, and cannot be available for any other purpose. Any security that, according to I its terms, lapses upon a date certain, will cause the deferral to I�, lapse on that same date unless additional adequate substitute � security has been posted prior to the termination date of the prior , security. Each security document posted with the City must be approved by the City Attorney, whose decision as to the acceptability of the security shall be conclusive. I 4. Proceeding Against Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such security without notice to the applicant. In case of any suit or action to enforce any provisions of this 3 I ORDINANCE NO. 4308 subsection, the developer shall pay unto the City all costs incidental to such litigation including reasonable attorney's fees. 5 . Binding Upon Applicant: The requirement of the posting of any security therefor shall be binding on the applicant and the applicant's heirs, successors and assigns . 6 . Notification to Building Official: The Board of Public Works shall notify the Building Official, in writing, of the following: The improvements deferred, amount of security deposited, time limits of security, name of institution providing security, and any other pertinent information. 7 . Security: Whenever security has been accepted by the Board of Public Works, then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners ' association or property owners ' association, then it shall be I necessary for the owners association to have voted to assume the obligation before the City may accept the security, and a copy of the minutes of the owners ' association duly certified shall be filed along with the security. The City shall not be required to permit a substitution of one party for another on any security if the Board of Public Works, after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. 4 ORDINANCE N0. 4308 8 . Restrictive Covenants : A restrictive covenant running with the land, signed and properly recorded after City Attorney review, may be accepted as security if the covenant guarantees that the property will join in any future L. I .D. established to install the required improvements in addition to the following conditions: (a) The restrictive covenant for deferrals occurs only for a single-family development no larger than a short plat. (b) There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years . (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 on or adjacent to the site will change to a higher classification within a five (5) year period, thus increasing the likelihood that the improvements will be needed. (e) A covenant approved by the Board shall contain language that stipulates the property owner will immediately install the deferred improvements at his or her expense upon a determination of the Board of Public Works that the improvements have become necessary. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty days after publication. 5 � � ' , . ORDINANCE NO. 4308 PASSED BY THE CITY COUNCIL this 25th day of March , 1990. � • � � -.�- Marilyn P ter��:i. Cit.y Clerk APPROVED BY THE MAYOR this 25th day of N:arcli � , � 1990. - = �..-- Earl 1 er, yo Approved as to form: �. Lawrence J. War n, City Attorney Date of Publication: Ma�t, �� 1991 ORD. 123-9/2?/90-as . 6