A. The principles and requirements within this chapter shall be followed in the development of all subdivisions and shall be considered minimum standards. Any proposed plat shall be in harmony with the city’s comprehensive plan. Insofar as the comprehensive plan does not indicate the size, location, direction and extent of a street, the arrangement of streets in a plat shall provide for the continuation of the principal streets existing in adjoining properties, or of the projection of existing streets where adjoining property has not been developed. Where a tract of land is platted into lots of an acre or more, the commission may require an arrangement of lots and streets which will permit a later replat in conformity with the street requirements of this chapter and the comprehensive plan.
B. Applicability. The requirements and standards of this chapter shall be followed in the development of all subdivisions, except as indicated in this title, and shall be considered minimum standards.
C. Conformance to Applicable Plans, Laws, Ordinances and Regulations. In addition to standards contained in this title, all subdivision plats shall comply with the following:
1. APWA specifications and or city of Kalama public works standards as referenced in Section 16.10.020 below;
2. The current edition of the International Fire Code (IFC), as may be amended by the city;
3. Policies for place names of the Cowlitz County communication center;
4. Applicable state laws and regulations.
(Ord. 1211 § 2 (part), 2007).

The “City of Kalama Development Guidelines and Public Works Standards” (hereafter referred to as “public works standards”) are adopted herein by reference and the design and layout of streets, sanitary sewer, water and storm drainage systems and such other construction regulated or reviewed pursuant to this title shall be done in accordance with said standards. Where a conflict exists between this chapter and the public works standards, the more stringent standard shall apply unless otherwise approved by the public works director. The public works standards are on file with the city clerk-treasurer and may be reviewed upon request or purchased. (Ord. 1211 § 2 (part), 2007).

1. Subdivision names shall not duplicate or too closely approximate phonetically the name of any other subdivision within the Kalama area, except that in the case of successive subdivisions of a phased development, plats may be differentiated in name by sequential numbering or by direction (north, south, etc.).
2. Street names shall not duplicate or too closely approximate phonetically the name of any other street within the Kalama area, except in the case of new streets serving as a continuation of existing streets. Streets having the same name except for “court,” “lane” or other suffix shall be deemed duplicative and not permitted. Names of new streets running on a line with an existing street but separated by a park or barrier may duplicate the name of the existing street, provided that a prefix indicating direction from the park or barrier is attached to the new street’s name.
3. The city council shall have the right to rename subdivisions and streets. (Ord. 1211 § 2 (part), 2007).

A. Each lot shall be provided direct access by means of minimum frontage on a dedicated and improved public street.
B. The minimum size of any lot or parcel of property within a subdivision shall conform to the standards of Title 17 unless otherwise approved pursuant to this title.
C. Residential lots which have street frontage along two opposite boundaries shall be discouraged, except for reverse-frontage lots which are essential to provide separation to residential development from primary traffic arterials or collectors or to overcome specific disadvantages of topography and orientation. For such lots, there shall be an easement in favor of the appropriate governmental entity at least ten feet wide along the lot lines abutting said primary arterial across which there shall be no right of access may be required. Arterial and collector streets are as defined in Chapter 16.04.
D. Insofar as practicable, side lot lines shall be at right angles to straight street lines and radial to corner street lines. Placing adjacent lots at right angles to one another shall be avoided where possible.
E. Individual lot access to primary arterial and collectors. Residential subdivisions should be designed so that individual lots or parcels do not require direct vehicular access to arterial streets and that direct access to collector streets is minimized.
F. Flag Lots. Flag lots are discouraged, but may be approved in accordance with Section 16.10.180, where topography makes standard design or more frontage impossible or impractical. Where such flag lots are allowed, the flag stem should generally not be more than one hundred fifty feet long. Not more than two flag lots shall abut each other. When allowed, the flag stem on a flag lot shall have a minimum all-weather surface driveway of twelve and one-half feet in width for single flag lots and eighteen feet in width for double flag lots. In approving a flag lot, the city may require a landscape screen and/or fence be installed along property line(s) of the flag lot, for privacy of adjoining residents. The city may require a flag stem to be wider than the above standard where screening is necessary. A flag lot screen shall not be required if the abutting property owner(s) indicate in writing that they do not want a screen or fence.
G. Where lots are more than double the minimum lot size required for the zone, the city council may require that the subdivision be designed to accommodate future subdivision and the opening of future streets and expansion of existing streets. The city may also require that a subdivision’s street network be designed to accommodate future growth on adjacent properties in support of greater connectivity and a more efficient transportation network. (Ord. 1211 § 2 (part), 2007).

A. Length. In general, blocks shall be as long as is reasonable and consistent with the topography and the needs for convenient access, circulation, control and safety of street traffic and the type of land use proposed. The block length shall not ordinarily exceed one thousand three hundred twenty feet or be less than five hundred feet.
B. Width. Except for reverse-frontage parcels or when topographic conditions do not permit, the width of blocks shall ordinarily be sufficient to allow for two tiers of lots of depths consistent with the type of land use proposed. This width shall normally be not less than two hundred feet for the sum of two lot depths.
C. Intersecting streets shall be so laid out that blocks shall not be more than one thousand three hundred twenty feet in length between rights-of-way. In the case of long blocks or oddly shaped blocks and to facilitate pedestrian access to parks, playgrounds, open space or schools, the subdivider may be required to construct pedestrian crosswalks of not less than five feet in width on a dedicated right-of-way or perpetual unobstructed easement of not less than ten feet in width, to extend through the block(s) at location(s) deemed necessary. Widths of blocks shall be such as to allow two rows of lots, except that blocks along the perimeters of a plat may have one row of lots.
D. Blocks intended for commercial and industrial use shall be designed specifically for such purposes, with adequate space provided for off-street parking, loading and delivery. (Ord. 1211 § 2 (part), 2007).

Street design shall adhere to the following standards:
A. The minimum street right-of-way and roadbed widths shall be as indicated by the public works standards. The layout of streets shall provide for the continuation of principal streets existing in adjoining subdivisions or for their proper projection when adjoining property is not subdivided.
B. Local access streets will be designed primarily to provide access to abutting properties only and should be designed to discourage through traffic.
C. All streets within the subdivision shall be dedicated to the city. Private street subdivision shall not be allowed.
D. Street intersections shall be as nearly at right angles as is practicable and should not have an acute angle of less than sixty degrees. Street jogs with offsets of less than one hundred twenty-five feet between centerlines should be avoided. The number of intersections of local and collector streets with minor and major arterials shall be minimized. Intersections of local and collector streets shall be offset from one another a distance of at least one hundred twenty-five feet from centerline to centerline but preferably two hundred feet. Intersections of local or collector streets with arterials shall be no closer than one thousand feet apart from centerline to centerline. Proposed new intersections along one side of an existing street shall coincide, whenever possible, with any existing intersection on the opposite side of such street.
E. Streets, curbs and sidewalks shall be constructed by the subdivider, all in accordance with the city’s public works standards and all conditions of approval.
F. Streets designed to have one end permanently closed or in the form of a cul-de-sac, shall be provided with a cul-de-sac turnaround having a minimum right-of-way radius as specified in the public works standards. If site constraints or topography make construction of a cul-de-sac infeasible, the city council may allow a “Y” or “T” turnaround permitting comparable ease of turning. Such streets in excess of five hundred feet should be avoided whenever possible.
G. Timing and procedure for construction of sidewalks shall be as follows:
1. All intersection curb ramps shall be constructed with roadway infrastructure required for the subdivision.
2. Sidewalks shall be constructed with roadway infrastructure required for the subdivision on all open space tracts, non-building lots, and on the major street frontage of double frontage lots.
3. On buildable lots, construction of the sidewalk shall be done on a lot-by-lot basis, prior to issuance of a certificate of occupancy for the lot.
4. No later than three years after final plat approval or expiration of the plat performance bond or other security if one has been posted, the subdivider shall cause continuous sidewalks to be completed, including sidewalks in front of undeveloped lots or the subdivider shall be liable to the city for the cost of completing the sidewalk construction as estimated by the public works director.
H. Streets shall be related appropriately to the topography and shall follow the more gradual natural contours of the land.
I. Streets shall be designed so as to provide for continuation of principal streets in adjoining subdivisions and, where appropriate, allow for future opening of streets to possible adjoining subdivisions. In no case shall proposed streets extend existing streets at less than the width of the existing street.
J. Where existing streets adjacent to or within a subdivision are of inadequate width or where the city’s capital improvements plan or comprehensive plan indicate a need for a new street or additional right-of-way or realignment for an existing street, the subdivider shall dedicate necessary right-of-way to the city in the filing of the final plat. Where property adjacent to a subdivision is undeveloped and where the planning commission and city council determine that it is desirable to allow for future continuation of a street into the adjacent property, the street and right-of-way shall extend to the subdivision boundary. All temporary dead-end streets longer than one hundred fifty feet or serving more than four lots shall be provided an interim turning circle meeting the requirements for a permanent turnaround.
K. Permanent dead-end streets shall terminate with a turning circle, and shall meet the right-of-way and pavement width requirements set forth in the public works standards.
L. Street grades shall be per the public works standards.
M. The slope of cuts and fills for street construction shall not exceed two feet horizontal to one foot vertical, unless otherwise approved by the public works director. (Ord. 1211 § 2 (part), 2007).

A. Alleys should be provided at the rear of all lots intended for commercial or industrial uses.
B. Dead-end alleys shall be avoided wherever possible, but if unavoidable, shall be provided with turnaround facilities. Alley intersections and sharp changes in direction shall be avoided, but where they are necessary, corners shall be rounded sufficiently to permit safe vehicular movement. Except as otherwise provided in this title, alleys shall follow the general development standards governing streets. (Ord. 1211 § 2 (part), 2007).

A. All distribution laterals and primary and secondary lines and wires serving the subdivision, including those providing electric, street lighting, telephone, and cable television service, shall be placed underground. All utilities shall be installed to the property line of each and every lot prior to acceptance of improvements. The subdivider shall make necessary arrangements with utility providers or other appropriate persons for underground installations. This requirement does not apply to surface-mounted transformers, switching facilities, connection boxes, meter cabinets, temporary utility facilities used during construction, high-capacity transmission lines, electric utility substations, cable television amplifiers, telephone pedestals, cross-connect terminals, repeaters, warning signs or traffic control equipment.
B. Sanitary sewers and water system improvements shall be installed at the developer’s expense, to serve all subdivisions, by extension of the existing city sewer and water lines and improvements necessary to ensure reservoir capacities. Such facilities shall be designed and sized in accordance with the city’s public works standards and shall be of sufficient capacity to accommodate the ultimate development density of all intended phases in adjacent areas.
C. Timing for installation of lines, pipes, cables, hydrants and service connections for sanitary sewer, storm sewer, water, electric, gas, telephone, television, shall be completed after grading in the rights-of-way is complete and before any street base material is applied.
D. Utility installations shall be in accordance with the city’s public works standards, APWA specifications and the International Building Code unless otherwise approved by the city.
E. A complete street lighting system, including conduits, wiring, concrete bases, poles, junction boxes, meter base, service cabinets and luminaries, shall be installed by the subdivider throughout the subdivision in accordance with the public works standards unless otherwise directed by KMC. Street lighting shall be aesthetically compatible with adjacent neighborhoods, hooded and oriented to the ground to preserve the night sky. Up-lighting for landscaping, entrance signs and recreational facilities shall be prohibited, unless otherwise approved by the public works director when needed to protect the public interest. The city may make exception to this rule to protect public health, welfare and safety. The city will ensure compliance with this requirement prior to final plat approval. The subdivider’s contractor shall submit plans and manufacturer’s technical information to the public works director and public utility district for approval of all specifications and materials used in the system. (Ord. 1211 § 2 (part), 2007).

A. Where alleys are not provided or as otherwise deemed necessary, easements for public utilities shall be provided on each side of all rear lot lines and side lines where necessary. Such utilities may include sewer, water, gas, electric, telephone, and television lines and cables. Easement width shall be as required per the public works standards or as approved by the public works director. Where practical and possible, the width of rear and side lot line easements shall be equally shared by abutting lots. When the utility easements are needed at corners, the size of the easement should be at least five feet by five feet. Additional easements for major distribution and transmission lines or unusual electric or communication facilities may be required. Insofar as possible, easements shall be continuous and aligned from block to block within the subdivision and with adjoining subdivisions. Easements which do not lie along rear or side lot lines shall be at least ten feet wide unless otherwise approved by the city.
B. Easements for unusual facilities such as high-voltage electric transmission lines, drainage canals or pondage areas shall be of such width as is determined to be necessary by the public works director for the purpose, including any necessary maintenance roads.
C. If a subdivision is traversed by a watercourse, such as a drainageway, channel or stream, there shall be provided a perpetual stormwater easement or drainage right-of-way conforming substantially to the seasonal high-water line of the watercourse and of such further width as will ensure protection of water-carrying capacity and access to the watercourse for maintenance of capacity. Such recorded easement or right-of-way shall be measured from the centerline of the watercourse and shall give to the appropriate authority access for purpose of maintenance of water-carrying capacity. Such easement may not be necessary where buffers are required by Chapter 15.02 KMC.
D. A pedestrian walk right-of-way not less than ten feet wide shall be provided through approximately the midpoint of any block exceeding one thousand feet in length where such a walk is deemed essential to provide circulation or pedestrian access to schools, playgrounds, shopping centers and other community facilities. (Ord. 1211 § 2 (part), 2007).

A. A drainage system satisfactory to the public works director shall be required in all subdivisions. Such system shall conform to specifications of the public works standards. Underground storm sewers or drainage ways connecting or intended to connect in the future to storm sewers or drainage ways outside the subdivision may be required by the director.
B. The drainage conveyance system shall be installed in the street rights-of-way. Storm sewer location shall conform with the public works standards.
C. The developer may be required to replace or make improvements to storm sewers and other drainage systems off the subdivision site. (Ord. 1211 § 2 (part), 2007).

A. All subdivisions shall be designed and constructed to follow natural contours to the extent feasible. Where extensive grading involving a majority of the site is unavoidable and necessary to create home sites and install required infrastructure, such admission shall be clearly indicated to the planning commission and city council during the preliminary plat application process. The applicant shall mitigate for extensive grading by incorporating landscaping, recreational amenities and other design elements into the project.
B. Prior to the city’s acceptance of improvements, all land to be dedicated in the subdivision outside of open space and buffer areas, shall be cleared and grubbed of downed trees, snags, brush, rocks, roots, rubbish and other debris and holes created by grubbing suitably filled with other than the debris, to the satisfaction of the director.
C. All street rights-of-way shall be graded to their full width so that streets and sidewalks are constructed on the same plane. Where a street intersection involves cut embankments or vegetation inside a lot corner that may create a traffic hazard by limiting visibility, the subdivider may be required to cut such ground or vegetation in connection with the grading of the right-of-way to provide an adequate sight distance. (Ord. 1211 § 2 (part), 2007).

A. Lot size averaging is permitted in the low-density residential R-1 zone subject to the following standards:
1. Under the average density option, lots may be reduced in size below the minimum R-1 lot size standard; provided, that the average lot size of the total number of lots created is not below the minimum lot size standard, and the smallest lot is not less than five thousand square feet in area. Under this option, up to thirty percent of the proposed lots may be reduced in size in support of open space preservation, greater environmental protection and increased recreational opportunities. At the option of the city, up to sixty percent of the proposed lots may be reduced in size accordance with the above standards, when significant open space, landscaping, increased stream and/or wetland buffers, voluntary design standards, view protection, minimization of light pollution, inclusion of wildlife corridors and minimization of mass grading and clearing are included in the proposal. The minimum lot width and lot depth standards of KMC Title 17 may be reduced to accommodate the provisions of this section for the applicable lots utilizing the average density option. Common open space, including parks and recreational areas, may be set aside for use by the residential lot owners and such common land may be included in determining the average lot size of the lots to be created. Street rights-of-way, utility tracts and stormwater tracts shall not be used in determining the average lot size. Open space is as defined in Title 17. All fractional units pertaining to the percentage of lots eligible for lot size averaging shall be rounded upward.
2. The location, size and use of common land proposed to be set aside for open space shall be reviewed and approved by the planning commission and city council as part of the plat review process. Open space shall be protected in perpetuity.
3. Maintenance of common open space shall be guaranteed by trust indenture or a similar means of contract approval by the city council. Such instrument shall be filed with the Cowlitz County auditor simultaneously with the recording of the final plat. In the case of subdivisions proposing large tracts of or intensive use of common open space, the council may require a property owners association to be established and operated. If the council deems proposed common open space necessary and appropriate for a public park to address needs created by the subdivision, it may require that the open space be dedicated to the public. (Ord. 1211 § 2 (part), 2007).

The planning commission and city council shall review the need for park development when reviewing preliminary subdivision plats and may require the developer to dedicate land for park development and construct improvements thereon as a condition of approval in accordance with this title. Applicant-paid park improvements shall be constructed prior to final plat approval, unless otherwise approved by the city. As agreed to by the city, a fee in lieu of park land dedication proposal may be considered in accordance with RCW 82.02.020 and such fee shall be paid prior to final plat approval, unless otherwise authorized by the city. The developer should meet with the Kalama park board prior to final park design to review preliminary recreation proposals. (Ord. 1211 § 2 (part), 2007).

A. Plats shall be designed to preserve and enhance significant natural features and resources, including but not limited to natural contours, watercourses, marshes, scenic points and views, large trees, natural groves, rock formations, and sensitive areas; to be compatible with aesthetic values of the area; and to reflect natural limitations inherent in the property. Mass grading shall be limited to the minimum necessary to construct site infrastructure and provide a typical home site.
B. Plats shall be designed to minimize impacts on adjacent properties and on off-site or citywide public facilities and services, such as streets, drainage ways and storm sewers.
C. Plats shall be designed to preserve to the extent possible significant trees as defined by Section 16.04 KMC and as more specifically set forth in this section. When the preservation of at least twenty percent of significant trees, inclusive of those found in preserved critical area buffers and open space or recreation tracts, is deemed not feasible, the subdivider shall mitigate for the loss of tree canopy by incorporating additional landscaping, tree plantings and/or buffer enhancements (if applicable) or through other means as approved by the city. Significant trees that will remain on-site shall be protected during construction through the use of fencing, rock wells and other means that provide protection corresponding to the drip line of the tree(s), which is the vertical projection of the foliage at its greatest circumference. Assurances shall be provided to ensure the long-term protection of significant trees, or trees planted as mitigation, via notations on the final plat and within recorded covenants. Exemptions may be included to allow removal of those trees deemed dangerous or hazardous to public health, safety and welfare by a professional arborist.
D. Cut-and-fill embankments for streets shall be seeded to provide a soil-holding vegetative cover or otherwise protected against erosion.
E. Utility/Planting Strip Required. The developer shall be responsible for ensuring that, prior to issuance of an occupancy permit for a lot, the utility/planting strip abutting the curb adjacent to the lot is planted in grass or other approved landscaping and with street trees. Unless otherwise approved, all subdivisions shall include a planting strip between the sidewalk and curb. The planting strip should be a minimum of three and one-half feet in width for local access streets or as approved by the director. The plantings shall include street trees per the following standards:
1. Shall be at least five feet in height at time of planting and be spaced at approximately thirty-foot intervals on center;
2. Shall be of a type and species approved by the public works director;
3. Shall be centered between the curb and sidewalk; and
4. Shall be at least thirty feet from any corner where curb lines intersect; and shall be planted and maintained in accordance with the APWA specifications.
F. Screening shall be implemented as follows:
1. Fences, hedges or landscaping buffer strips shall be installed to separate residential zoning districts from commercial or industrial zoning districts or uses in conformance with the zoning ordinance standards.
2. In the case of residential subdivisions abutting major arterials, the subdivider shall provide a buffer strip a minimum of ten feet wide along the property line abutting the arterial. Hedges or trees shall be planted in the buffer strip of a height that will become a solid, effective sight screen within three years, unless existing vegetation provides substantial screening.
3. Fencing may be required to limit access to areas that may be hazardous to the public, including stormwater detention ponds and facilities. Landscaping shall be required along the perimeter of the fence and may include a mix of trees and shrubs. (Ord. 1211 § 2 (part), 2007).

A. If the preliminary plat was approved as a phased subdivision, then the final plat may be submitted in corresponding phases.
B. The city council may attach conditions to the approval of a phased subdivision to ensure the timely and orderly completion of the entire subdivision.
C. A preliminary plat approved by the city council which was not submitted for phased development, shall not be broken into phases at the time final approval is sought unless the approved preliminary plat is modified in accordance with this title. (Ord. 1211 § 2 (part), 2007).

A. Agreement on the city’s part to invoke the process set out in either RCW 35.72 or RCW 35.91 is declared to be strictly discretionary with the city and the city’s denial of such a request shall establish no rights of action on the part of any potentially benefiting developer whatsoever. Further, the process for latecomer reimbursement for any type of improvement shall not be deemed commenced until the city council, by majority vote, has accepted the application of a developer.
B. As a condition to applying for a latecomer reimbursement contract, the applicant shall be required to execute a disclaimer acknowledging that the city shall not be liable for contribution or damages in the event the developer does not recoup contribution from latecomers due to lack of development or neglect by the city in collecting the contribution. Such disclaimer shall not be construed, however, to imply that the city is not obligated to distribute actual amounts collected from latecomers to the developer.
C. Application/Processing Fees.
1. A nonrefundable application fee as established by resolution of the city council shall accompany any such application. Water and sewer facilities to be installed simultaneously may be combined in one application. Application for street projects must be separate and shall require a separate application fee.
2. In the event the city council accepts the application, a processing fee shall be established for each application which shall be no less than two hundred fifty dollars. Such fee shall be established by the city council.
D. The processing of latecomer contract requests shall be in compliance with the policies and procedures prepared by the public works director and approved by the city council. (Ord. 1211 § 2 (part), 2007).

A. Responsibility for Construction and Installation of Improvements.
1. It shall be the responsibility of the subdivider to construct and install permanent and interim improvements required by this chapter or otherwise required by the city council within the boundaries of the approved preliminary plat, with the expense of making such improvements to be borne solely by the applicant. However, the city council may form a local improvement district when an improvement will serve a wider area than the subdivision alone. Work performed within current or future public right-of-way shall comply with the bonding requirements of this section and the public works standards and this section. For improvements located outside of current or future public right-of-way, the director may require the developer to submit quarterly or less frequent status reports indicating construction progress (drawings may also be required), when deemed necessary to protect the public health, safety and welfare.
2. Construction, repair, expansion, improvements or other provision of off-site improvements required by the city council as part of preliminary plat approval shall be the responsibility of the applicant, unless the city council resolves to share the responsibility and cost with the applicant or to create a local improvement district to bear the entire cost or a portion thereof.
3. The city council may defer construction or installation of any improvement required by this chapter when in its judgment future planning considerations, lack of connecting facilities, or other circumstances make the improvement inappropriate at the time. In such event, the council may require one or more of the following prior to final plat approval:
a. That the applicant dedicate land for future construction or installation of the improvement;
b. That the applicant pay to the city their share of the cost, as estimated by the public works director, of constructing or installing the improvement at a later date; said payment shall be held in an account reserved for future improvement, and any unused portion shall be returned to the subdivider; and/or
c. That the applicant post a bond or other security in conformance with this chapter assuring completion of said improvement by the applicant at the demand of the city.
B. Options for Completion of Permanent and Interim Improvements.
1. Permanent Improvements. No final plat shall be approved by the city council unless one or a combination of the following methods assuring completion and maintenance of permanent improvements required of the subdivider is satisfied:
a. All improvements of the subdivider have been completed by the subdivider to the satisfaction of the public works director; or
b. The subdivider posts a plat performance bond, in an amount and with surety and conditions satisfactory to the city, in a form approved by the city attorney, providing for and securing to the city the actual construction and installation of such improvements within a period specified by the city, and expressed in the bond. All bonds must be consistent with the standards of this chapter and the public works standards; or
c. The subdivider submits a letter of credit from a bank, on a form approved by the city attorney, authorizing a draft from the bank for an amount sufficient to assure satisfactory completion of improvements; said letter shall be accompanied by an agreement between the subdivider and the city as set forth in this section; or
d. The subdivider submits a certified or cashier’s check or assignment of funds, on a form approved by the city attorney, securing to the city the satisfactory completion of the incomplete portion(s) of the improvements required of the subdivider. Such check or assignment shall be made payable to the city, and shall be accompanied by an agreement between the city and subdivider as set forth in this section.
2. Maintenance Bonds. In addition to the above, the city shall require the posting of a maintenance bond, in a form approved by the city attorney, securing to the city the successful operation of improvements for two years after final plat approval or acceptance of the improvements by the city council for ownership and maintenance, whichever is later. The maintenance bond shall be for fifteen percent of the cost of the improvements.
3. Interim Improvements. In any case when a subdivider is required to construct an interim improvement, one or a combination of the forms of security set forth in this section shall be required to assure maintenance of the interim improvements until the permanent improvements are constructed, and, at the appropriate time as determined by the public works director, removal of the interim improvement.
C. Conditions of Bond or Agreement.
1. Any plat performance bond or other security posted in conformance with this chapter shall be subject to the conditions of this section. In the event of personal bonds, letters of credit, checks or assignments of funds, there shall be executed a formal agreement between the city and the subdivider prior to final plat approval fulfilling the conditions of this section.
2. The improvements to be completed and maintained, and in the case of interim improvements, the improvements to be maintained and removed by the subdivider shall be specified in the bond or agreement.
3. The amount of any bond or other security posted or submitted shall be at least one hundred fifty percent of the cost of completion of improvements as estimated by the director. In the event of interim improvements, the amount shall include the cost of their completion, maintenance and removal as estimated by the public works director. The subdivider may provide cost estimates to the director.
4. The period in which improvements must be completed shall be specified in the plat performance bond or agreement, which period shall not exceed eighteen months from date of final plat approval. Requests for extension shall be made to the planning commission for consideration at a public meeting and shall require a recommendation from the public works director. The commission shall determine whether sufficient progress has been made and good faith indicated to warrant an extension. The commission shall forward a recommendation to the city council, which shall have sole authority to grant extensions.
5. Any plat performance bond or agreement shall provide that in the event the specified improvements are not completed within the time limit, the city may declare the bond or agreement to be in default, may complete the work to city specifications, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner of the security. If the amount of the plat performance bond or other security is less than the cost incurred by the city, the subdivider shall be liable to the city for the difference. If the amount is greater than the cost incurred by the city, the city shall release the remainder. In the case of any suit or action to enforce provisions of this chapter, the subdivider shall pay to the city all costs incidental to litigation, including reasonable attorney fees.
6. Any plat performance bond or agreement posted or secured under this chapter shall be binding upon the subdivider, their heirs, successors and assigns.
7. Inspection, Maintenance and Removal. Any plat performance bond and any agreement accompanying other secure methods shall include inspection costs.
D. Inspection and Maintenance of Improvements.
1. Improvements shall be inspected by the public works director or designee at the start, during, and at completion of construction and installation. The person, firm or contractor actually performing the work shall notify the director at least twenty-four hours in advance of commencing operations or commencing any construction phase.
2. After completion of improvements, the subdivider shall reimburse the city for the actual cost of the inspections. The city shall have authority to invoke any bond or other security posted by the subdivider to recover actual inspection costs from the subdivider, surety company, bank or cosigner or to seek other remedy.
3. As assurance against defective workmanship or materials employed in the construction or installation of permanent improvements dedicated to the public, the subdivider at his expense shall be responsible for maintenance of and correction of any defects in said improvements for a period of two years following certification of completion by the public works director. If improvements are not maintained or if defects are not corrected as requested by the director, the city may invoke any bond or other security posted by the subdivider, may cause the work to be done, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner, or may seek other remedy.
4. The subdivider shall be responsible for maintenance of interim improvements, and, at the time deemed appropriate by the public works director, for their removal. If interim improvements are not adequately maintained, and at the appropriate time removed, the city may invoke any bond or other security posted by the subdivider, may cause the work to be done, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner, or may seek other remedy.
E. Issuance of Building Permits. No building permit shall be issued prior to final plat approval and until site improvements and infrastructure is deemed adequate by the city. No occupancy permit shall be issued prior to satisfactory completion of required improvements unless otherwise bonded for and approved by the city.
F. As-Built Plans. After completion of all required improvements but prior to acceptance of completed work by the public works director, the developer shall furnish the director with an acceptable set of reproducible plans indicating the as-built condition of the work. Such plans shall show all changes, additions and deletions in alignments, grades and other engineering detail from the original detailed construction plans, all of which shall be certified by an engineer registered in the state of Washington responsible for the work. (Ord. 1211 § 2 (part), 2007).

A. To provide opportunities for unique development designs and the ability to accommodate site constraints, the city council, upon recommendation from the planning commission, may consider modifications to the adopted standards of this title, including the public works standards, if the applicant demonstrates that all of the following criteria are met:
1. There are topographical or physical conditions such as steep slopes, wetlands, water area structures, streets, utilities, lot patterns, street patterns or other conditions that justify departure from strict adherence to the standard to be modified; and
2. That the modification is consistent with sound engineering principles and it will be safe, practical and efficient; and
3. That the proposed modification is consistent with the intent and purpose of the standard being modified; and
4. That the proposed modification is consistent with the goals and policies of the comprehensive plan.
B. Requested modifications shall be included in the preliminary plat application and will be reviewed concurrently with the preliminary plat application. An applicant proposing to vary from this title and/or the public works standards shall provide an analysis detailing probable impacts that would result if a modification was not approved. A visual representation and/or drawing shall be included, as applicable.
C. Variances to Title 17 (Zoning). Requested zoning variances that are submitted and processed in conjunction with a preliminary plat shall be reviewed and a decision issued concurrently by the city council utilizing the criteria above and KMC Chapter 17.52. A single combined public hearing notice and notice of application/SEPA notice should be utilized. (Ord. 1211 § 2 (part), 2007).