30.84.105 Delayed construction – performance security.
(1) The director, with the concurrence of the county engineer, may approve the delayed construction of certain public improvements under SCC 13.10.124 and certain private improvements (such as landscaping, wetland mitigation plantings, and the final placement of hot mix asphalt paving on private road network elements) in a subdivision, short subdivision, residential, or nonresidential development, when all of the following are met:
(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 subsection (4) of this section;
(c) The request is not to delay the construction of stormwater retention or detention facilities, storm water treatment facilities, stormwater conveyance systems, erosion and sedimentation control facilities, or the placement of monuments; 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) Delayed construction shall be completed within two years of the county’s receipt and approval of the performance security, except as approved under subsection (3) of this section. The director, with the county engineer’s concurrence, may grant an extension of the deadline for construction up to one additional year for good cause shown.
(3) The director, with the county engineer’s concurrence, may allow construction approval of a subdivision, short subdivision, or residential development without the final placement of hot mix asphalt paving on new private road network elements. The placement of hot mix asphalt paving shall be completed within one year of the county’s receipt and approval of the performance security or earlier, as determined by the director, except that hot mix asphalt paving within a subdivision or short subdivision shall be completed within one year of recording the subdivision or short subdivision.
(4) Delayed construction of improvements approved under this section shall require a performance security in the amount of 150 percent of the estimated cost of all delayed improvements. The county engineer shall determine the estimate for the costs of the final placement of hot mix asphalt paving for private road network elements when delayed installation is approved. The director shall determine the estimate for the costs of any other improvements where delayed installation is approved. When making such estimates, the county engineer and the director shall consider the following:
(a) The costs of constructing all facilities as specified in the approved plan;
(b) The costs of monitoring the facilities’ performance;
(c) The costs of designing and constructing any corrective work including other mitigation measures which may be necessary to correct the effects on-site and off-site of inadequate or failed workmanship, materials or design; and
(d) Any 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 construction acceptance by the county of all facilities specified by the plans whose construction is secured with the performance security.
(6) The performance security required pursuant to this section shall not be released or reduced until a maintenance security or performance monitoring security, if required, is accepted pursuant to this chapter. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).