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2259• • • ORDINANCE NO. 2259 AN ORDINANCE AMENDING CHAPTER 17.17 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "MAJOR SUBDIVISIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.17 of the Moses Lake Municipal Code entitled "Major Subdivisions" is amended as follows: 17.17.120 Improvements: A.Following approval of the preliminary plat by the Council, the applicant shall file with the Plat Administrator, three (3) complete sets of preliminary construction plans and specifications prepared by a professional engineer licensed by the State of Washington showing all street and utility improvements as required by the Council in granting approval of the preliminary plat. The construction plans and specifications shall be accompanied by a minimum plan check fee as per the rate schedule established by the City Engineer. All construction plans and specifications shall be in conformance with city Design Standards and the Community Street and Utility Standards. Sheet size shall be twenty-four inches (24") by thirty-six inches (36") and shall have a border of one inch (1") on the left margin and one half inch (1/2") on the remaining three margins. The scale shall be five feet (5') vertically and forty feet (40') horizontally. B.The preliminary construction plans and specifications shall be forwarded to the City Engineer within two (2) working days of receipt by the Plat Administrator. Within twenty (20) days of filing of the plans with the Plat Administrator the City Engineer shall approve, conditionally approve, or disapprove the plans. The subdivider shall submit one (1) set of permanent reproducible mylar and three (3) sets of specifications which have been approved for the City Engineer's signature, records, and use. C.After the City Engineer has approved the construction plans and specifications, the subdivider shall complete and install all street and utility improvements required by the Council in granting preliminary plat approval prior to filing of the final plat. A one (1) year maintenance bond shall be required in the amount of fifty percent (50%) of the construction cost. D.The Engineering Division of the Municipal Services Department or a licensed professional engineer or engineering firm hired by the city shall be responsible for the inspection of all subdivision improvements to insure conformance with the approved plans and specifications. The subdivider shall deposit an inspection fee in the amount of two and a half percent (2 1/2%) of the estimated construction cost. The inspection fee shall be based on the actual cost of labor, materials, and equipment plus fifteen percent (15%) for overhead. If the final cost is less than the amount deposited, the difference will be refunded. E.In lieu of completing and installing all required street and utility improvements prior to filing of the final plat with the Plat Administrator, the subdivider may post a subdivision bond or other approved security in a form satisfactory to the City Attorney. The subdivision bond or approved security shall be in an amount equal to one hundred fifty percent (150%) of the estimated cost as determined by the Municipal Services Director, of such improvements required by the Council in granting approval of the preliminary plat. In the event that all street and utility improvements are not completed within the time limit specified in the subdivision bond or approved security, the bond or security may be forfeited and the city may undertake the installation and completion of all required street and utility improvements. Ron ATTEST: Ronald R. Cone, Finance Director C. Covey, Mayor ORDINANCE NO. 2259 PAGE 2 May 23, 2006 1.All street and utility improvements listed in the subdivision bond must be installed, completed, and accepted by the city within two (2) years of Council approval of the final plat. 2.The Council may grant one (1) extension of the subdivision bond or security for a period not to exceed two (2) years provided that the request for an extension is filed with the Plat Administrator at least sixty (60) days prior to the expiration date of the bond or security. 3.In the event that a time extension is granted, a new subdivision bond or other approved security shall be submitted in an amount sufficient to cover one hundred and fifty percent (150%) of the cost of completing utility extensions and street improvements. The bond will be updated with new estimates of cost on all uncompleted improvements and all increased cost estimates shall be passed onto the bond. If these increased costs are not accepted by the surety, then the city shall foreclose on the bond and the plat will be held in abeyance. Departments issuing recommendations for new subdivision bonds or other approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates as determined by the Municipal Services Director to the bond or security to cover the cost of completing utility extensions and street improvements without the written consent of the applicant. F. A certificate of occupancy for permitted construction shall not be issued prior to complying with the following requirements: 1.Street and utility improvements have been constructed to Community Standards and accepted by the City Council. 2.The final major plat has been recorded with the Grant County Auditor. 3.Upon final inspection that the building or structure complies with the provisions of the Uniform Building Code. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on M • • AVP ED AS TO FORM:4.4 L. l4rir _44 a es A. Whita er, City Attorney •