Ordinance 3774-20 - Laserfiche WebLink

f. Private utility infrastructure(including, but not limited to, underground utilities and utility easements);and g. Any other common buildings or improvements. 6. Maintenance of Lot, Buildings and Facilities. Buildings,utilities and facilities on lots shall be maintained by the property owner in accordance with city codes and the requirements applicable to the development. 7. Land Division Covenants, Declarations and Restrictions. Prior to the recording of a land division,the applicant shall provide covenants,declarations and restrictions required by the city for review and approval.The common areas and infrastructure identified in subsection B.3 above must be maintained by an owners'association in accordance with all applicable provisions of the city code.Said covenants, declarations and restrictions shall provide authority for the city,after providing reasonable written notice to the association and opportunity to perform required maintenance,to recover any costs incurred by the city to maintain private infrastructure or common areas due to a failure of the association to adequately maintain privately owned improvements,including a lien on the property or other appropriate assurance device, as determined by the city. 8. Wetland,Shoreline,and Critical Area Buffers and Mitigation Plans. a. Buffers that are required to be protected with signs or fences shall be maintained as required by this title or the Everett Shoreline Master Program. b. Buffer impacts which are approved with mitigation shall ensure that work is completed in accordance with the mitigation plan,that maintenance and monitoring occur on a regular basis,and that restoration or rehabilitation is performed in accordance with the contingency plan if mitigation failure results within five years of implementation. i. The construction performance guarantees shall not be released until the applicant's qualified professional and the planning director sign off to indicate that construction has been completed as planned. ii. A separate performance assurance device shall be required for maintenance,monitoring, and contingency.This guarantee shall not be released until the applicant's qualified professional and the planning director sign off that maintenance and monitoring have been completed per the plan,and the mitigation meets performance goals. C. Enforcement Failure to comply with this title will be enforced through the procedures set forth in EMC 1.20. 19.41.070 Assurance Devices. A. User guide. Various chapters of this title establish specific development, performance and maintenance standards for uses and developments on individual properties.This chapter establishes the mechanism by which the city ensures that the requirements of this chapter are met through the posting of an assurance device to guarantee completion of required improvements or continued maintenance of improvements required by this title. B. General. The planning director may allow or require performance and maintenance assurance devices in conformance with the provisions of this chapter. C. When applicable. 1. The planning director shall require a performance assurance device if: a. The applicant is unable to complete the work or improvements to be covered by the assurance device because of unavoidable circumstances that in no way resulted from the actions or inaction of the applicant; b. It is reasonably certain that the applicant will be able to complete the work or improvements to be covered by the assurance device within a reasonable amount of time; Ch.19.41 General Authority and Requirements 4 City Council Action(11/04/2020)