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c. Granting a certificate of occupancy prior to completion of the work or improvements will not be <br /> materially detrimental to the city or the properties in the vicinity of the subject property;and <br /> d. The proposal is part of a phased development and work required as part of a current phase will be <br /> completed within a time frame established by the planning director,based upon the specific <br /> circumstances related to the site. <br /> 2. Maintenance Assurance Device.The planning director may require a maintenance assurance device when <br /> necessary to ensure that improvements required by this title are properly maintained.The planning <br /> director shall establish a time frame for which the maintenance assurance device shall be effective. <br /> 3. Work to be performed by any state agency or unit of local government shall be exempt from providing <br /> guarantees based on RCW 35A.21.250. <br /> D. Form of assurance device. <br /> In each case where the city requires or allows an applicant to provide an assurance device,the planning director, <br /> with the approval of the city attorney,shall determine the type of assurance device that will be used. <br /> E. Amount of assurance device. <br /> 1. General.The planning director shall determine the amount of the assurance device as follows: <br /> a. For a performance assurance device the amount shall be one hundred fifty percent(150%)of the cost <br /> of the work or improvements covered by the assurance device based on estimated costs immediately <br /> following the expiration of the device,except that the amount of an assurance device for any <br /> improvement regulated by Chapter 19.37(Critical Areas)shall be three hundred percent(300%)of <br /> the cost of the work or improvements based on estimated costs immediately following the expiration <br /> of the device. <br /> b. For a maintenance assurance device,the amount will not be less than ten percent(10%)of the cost <br /> of replacing the materials covered by the assurance device based on estimated costs on the last day <br /> covered by the device. <br /> c. In determining the amount of the assurance device,the planning director may require that <br /> the applicant provide a detailed estimate of the cost of the improvements for which the assurance <br /> device is required.The planning director may use the estimate to determine the amount of <br /> the assurance device but is not bound by the information submitted by the applicant in determining <br /> the appropriate amount. <br /> 2. Responsibility.The assurance device shall specify the following information: <br /> a. The work or improvements covered by the assurance device; <br /> b. Either the period of time covered by the maintenance assurance device or the date after which the <br /> city will use the proceeds of the performance assurance device to complete the required work or <br /> improvements. <br /> 3. The city may require the assurance device to be provided before any permits for which the assurance <br /> device is required are issued. <br /> F. License signed by owner of subject property. <br /> In each case where the city requires or allows an applicant to provide an assurance device,the applicant shall <br /> provide in a form acceptable to the city attorney,a license to run with the property which allows the city, its <br /> employees,agents or contractors to go on the subject property for the purpose of inspecting,making or <br /> maintaining the improvements covered by the assurance device.The license shall be valid for the length of time <br /> required for the assurance device. <br /> G. Release of assurance device. <br /> After the work or improvements covered by a performance assurance device have been completed to the <br /> satisfaction of the city,or at the end of the time covered by the maintenance assurance device,the applicant may <br /> request the planning director to release the assurance device. Prior to the release of the assurance device,the city <br /> shall verify that the conditions of the assurance device have been satisfactorily complied with. <br /> Ch.19.41 General Authority and Requirements 5 City Council Action(11/04/2020) <br />