20.909.020 Provisions.
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A. The Planning Official may delay construction of certain required private improvements beyond certificate of occupancy provided it is determined that good cause has been shown by the applicant. Where mitigation for environmental impacts has not been completed prior to the City final permit approval (such as final plat approval or final building inspection) and is therefore required as a condition of final permit approval, good cause shall be deemed to exist.
B. Guarantee for provision of private improvements. On all projects where private improvements are required, the Planning Official may require an escrow or other form of security acceptable to the City in an amount not less than 100% of the cost of the improvements that secures and provides for the actual construction and installation of the improvements required as condition(s) of approval for the development. The use of escrow or other form of security shall be limited to:
1. Approved private transportation system improvements, including sidewalks and streetlights, provided emergency access improvements are constructed on-site as needed;
2. Approved private stormwater collection and management facilities;
3. Approved landscaping and trees to meet minimum on-site tree density or landscaping requirements, including installation and maintenance costs.
4. Approved fences and walls.
5. Approved mitigation for environmental impacts, including but not limited to, construction, maintenance, and monitoring to ensure that mitigation is fully functional.
C. Requirements.
1. The applicant shall request approval of an extension on the construction of private improvements listed in Subsection B above by means of a Type I permit, pursuant to Chapter 20.210.040. Such request shall state the remaining improvements not yet constructed, the reasons for a requested delay, and requested timeline for improvements to be made. The request shall be accompanied by a draft escrow agreement or other security acceptable to the City.
2. Each escrow or other form of security acceptable to the City request shall include the following:
a. A scheduled cost breakdown for project work to be completed presented as Exhibit A, an escrow agreement shall not be accepted without an approved unit cost breakdown for the remaining improvements.
b. The draft escrow agreement in a form provided by the City.
c. An irrevocable license signed by the owner of subject property to run with the property which provides the City with the right to allow the employees, agents or contractors of the City to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making the improvements covered by the escrow or other form of security acceptable to the City.
d. Any other documents deemed necessary by the City.
e. Applicable processing fee as contained in Chapter 20.180 VMC Fees.
4. Failure to carry out agreement. In the event the applicant fails to carry out provisions of the agreement and the City has un-reimbursed costs or expenses resulting from such failure, the escrow or other form of security acceptable to the City shall be forfeited and the money shall be paid to the City to defray its costs. If the amount of the escrow or other form of security acceptable to the City exceeds the cost and expense incurred by the City, the City shall release the remainder, and if the amount of the escrow or other form of security acceptable to the City is less than the cost and expense incurred by the City, the applicant shall be liable to the City for the difference.
D. Release of escrow or security. Upon completion of required improvements, the applicant shall request in writing that the Planning Official release all or a portion of the funds held in escrow. Such improvements shall be inspected and accepted as complete by the City prior to the release of any such escrow funds, or portion thereof. (Ord. M-3931 § 29, 11/02/2009; Ord. M-3643, 01/26/2004)