Milton City Zoning Code
CHAPTER 17
72 PERFORMANCE GUARANTEES
§ 17.72.010 Purpose and scope.
The purpose of this section is to define the use of performance guarantees for permits not already addressed by other parts of the MMC. It enables the planning and community development director to prescribe the form of the performance guarantee and establish the amount, format and terms of any required maintenance security.
(Ord. 1741 § 39, 2009)
§ 17.72.020 Performance and maintenance guarantees.
This section details the required performance guarantees for all permits and decisions in this title and to what the guarantee applies.
A.
Installation and Maintenance Guarantees. The planning and community development director may require the applicant to guarantee funding for installation and maintenance of all affected properties for any hard or vegetated landscaping, open space enhancements, pathways and preservation or enhancement of critical areas.
B.
Covenants. In addition to the requirements of MMC § 17.72.050(A), the decision-maker may require the applicant to enter into written covenants. The covenants must ensure the development remains in accordance with the proposed design and conditions of project approval. Covenants must bind all future purchasers, tenants and occupants of the proposal. The covenants should provide that the provisions required by the city may not be amended without the consent of the city. The applicant must record the covenants prior to or concurrent with final permit approval. The permit agreement may include as applicable, and without limitation, all of the following provisions:
1.
Open Space Preservation.
a.
An adequate guarantee providing for the permanent preservation, retention and maintenance of all open space and other public areas, including all wetlands or critical areas buffers, easements for public or private utilities, etc.
b.
The applicant must provide assurances for the ongoing care and maintenance of open space reservations. The agreement shall provide that if the property owners fail to care for and maintain the open space, the city may do the care and maintenance at the cost of the property owners.
c.
The city must approve the method of ownership, maintenance responsibility and tax liability of private open space reservation.
2.
Landscaping. The covenant must provide for the care and ongoing maintenance of common landscape areas, furniture and structures.
3.
Storm Water Facilities. The covenant must provide for the care and maintenance of private storm water facilities.
4.
Streets and Driveways. The covenant must provide for the care and maintenance of private streets, access roads and driveways.
5.
Pedestrian Facilities. The covenant must provide for the care of private pedestrian facilities.
6.
All covenant provisions required to implement conditions of project approval shall be subject to the reasonable approval of the applicable director. Any such covenant provisions may not be amended without the written approval of the city, which shall not be unreasonably withheld.
(Ord. 1741 § 39, 2009)
§ 17.72.030 Guarantees prior to occupancy.
A.
Fire Protection and Emergency Access. The building official will not issue a building permit for a structure other than a temporary contractor's office or temporary storage building for a proposal prior to a determination by the fire marshal that adequate fire protection and access for construction needs exists.
B.
Required Civil Improvements for Issuance of Building Permit. The building official will not issue a building permit for a structure other than a temporary contractor's office, temporary storage building, or model home for a lot or parcel within an approved proposal until either:
1.
All required improvements which will serve the subject lot or parcel have been constructed and the city has accepted the improvements; or
2.
All required improvements have been bonded or otherwise guaranteed; or
3.
Until the public works director accepts an improvement bond in an amount adequate to guarantee construction of those required improvements.
(Ord. 1741 § 39, 2009)