13.10.124 Delayed construction - Performance security.
(1) The county engineer, with the concurrence of the director, may approve the delayed construction of certain public improvements in a subdivision or short subdivision when:
(a) The delay will not create adverse operational or safety impacts or create a threat of significant adverse environmental impacts;
(b) The permittee provides the department with a performance security in accordance with SCC 13.10.124(4);
(c) The request is not to delay the construction of retention or detention facilities, storm water treatment facilities and associated stormwater conveyance systems, or erosion and sedimentation control facilities; and
(d) The delayed facilities are constructed to a minimum level of construction as determined by, and acceptable to, the director and county engineer.
(2) Except as approved in SCC 13.10.124(3), construction delayed pursuant to SCC 13.10.124(1) shall be completed within two (2) years of issuance of the performance security.
(3) The director may allow construction approval of a subdivision or short subdivision without the final placement of hot mix asphalt paving on new public roads. The placement of hot mix asphalt paving shall be completed within one (1) year of recording of the subdivision or short subdivision.
(4) The performance security required by SCC 13.10.124(1)(b) shall be in the amount of 150 percent of the estimated cost of all delayed development, as determined by the director taking into account the estimated costs of:
(a) Constructing all facilities as specified in the approved plan;
(b) Monitoring the facilities’ performance;
(c) Designing and constructing any corrective on-site and off-site measures, including other mitigation measures, which may be necessary to correct the effects of inadequate or failed workmanship, materials or design; and
(d) Related incidental and consequential costs, inflation, and the cost of inspection of the work by the department.
(5) The performance security shall remain in effect until final inspection and acceptance by the county of all development specified by the plans whose construction is secured with the performance security.
(6) For good cause shown, the county engineer, with concurrence from the director, may grant an extension of the deadline for completion of development activities imposed by SCC 13.10.124(2) for a time period not to exceed one (1) year.
(7) The performance security required pursuant to this section shall not be released or reduced until a maintenance security, if required, is accepted pursuant to this chapter. (Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010).