13.10.104 Security devices - general provisions.
(1) To ensure all development activities requiring a permit under this title are satisfactorily performed and completed in accordance with the requirements of this title, including any approved plans, specifications and other conditions or requirements related to permit approval, the engineer may require the applicant to provide security devices in accordance with this chapter.
(2) Two separate types of security devices may be required by the engineer, each of which shall serve a distinct purpose:
(a) "Performance security" shall mean a security device to ensure all development activities requiring a permit under this title are performed and completed within the time specified and in accordance with the approved plans, specifications, permit or approval requirements or conditions, and all applicable federal, state and local laws, regulations and policies.
(b) "Maintenance security" shall mean a security device to ensure that all development activities requiring a permit under this title and construction activities undertaken in proposed rights-of-way pursuant to title 30, function correctly and are maintained by the permittee for the duration of the time specified and in accordance with the approved plans, specifications, permit or approval requirements or conditions, and all applicable federal, state, and local laws, regulations and policies.
(3) All security devices required under this title shall provide for:
(a) Forfeiture to the county and the right for the county to withdraw funds upon failure of the permittee to complete any development activities in accordance with the approved plans, specifications, permit or approval requirements or conditions, and time limits.
(b) The county’s interest in any security device required pursuant to this chapter shall be assignable, without obtaining a re-issuance of the security device, to an annexing municipality in the event the real property covered by the surety device is annexed prior to either completion of the work secured by a performance security or final acceptance and release of the security device for that work covered by a maintenance or performance monitoring security.
(4) Exemption for public agencies. In accordance with RCW 36.32.590, state agencies and units of local government, including school districts, shall not be required to secure the performance of permit or approval conditions or requirements with a security device. State agencies and units of local government, including school districts, are required to comply with all requirements, terms, and conditions of the permit or approval, and the county may enforce compliance by withholding certificates of occupancy or occupancy approval, by administrative enforcement action, or by any other legal means.
(5) Private utilities not exempted under RCW 36.32.590 holding a franchise issued pursuant to chapter 13.80 SCC and having a current franchise bond or other franchise security device in place, shall not be required to post a performance security or maintenance security under this chapter if the available amount of the franchise security device is greater than or equal to the amount of the security device that would otherwise be required by this chapter.
(6) If the county is required to complete any development activities as authorized under SCC 13.10.116, the permittee is responsible for all costs incurred in completing any development activities covered by the security device. The permittee shall reimburse the county for reasonable costs exceeding the amount of the security device.
(7) When the county uses the proceeds of a security device as authorized under SCC 13.10.116 the county shall provide the permittee with an itemized statement of expenditures and the county shall return, without interest, any overpayment made by the issuer of the security device.
(8) Release by the county of the final performance security related to construction permitted pursuant to this title shall constitute final construction acceptance of the constructed facilities. (Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010).