CDS_Ordinance_2023 NonDocket Amendments_KCC

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The granting of such variance will not adversely affect the realization of the Kittitas County Comprehensive Plan, Long -Range Transportation Plan or this title. The variance request(s) shall consist of; 1. Variance fee. 2. Variance application. 3. Identification of the standard provision to be waived or varied. 4. Identification of the alternative design or construction standards to be adhered to. 5. A thorough justification of the variance request. Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08based on the underlying land use decision in accordance with Ch. 36.7013 RCW. Ord. 2022- 005, 2022; Ord. 2018-001. 2018; Ord. 2015-0100 2015) 12.01.135 Variance Fairness Standard. (Repealed by Ord. 2022-005. 2022; Ord. 2018-001. 2018) 12.01.140 Authority of the Public Works Director. The Director of Public Works or his/her designee shall have the authority, on behalf of the County, to ascertain that all design and construction complies with the requirements set forth in these Standards. (Ord. 2015-010. 2015) 12.01.150 Performance Guarantees. Failure to comply with these Standards may result in denial of plan or development permit approval, revocation of prior approvals, or legal action for forfeiture of performance guarantee. A. Construction Performance Guarantees: In lieu of the completion of any required public or private improvements prior to final approval of a land -use development activity, the developer shall provide a performance guarantee in an amount and with satisfactory surety and conditions providing for and securing to Kittitas County the actual professional services, construction and installation of such improvements within two years of final approval. The Director will enforce the guarantee through appropriate legal and equitable remedies. All performance guarantees shall be prepared in accordance with the Department of Public Works Performance Guarantee Form. If a surety bond, letter of credit, or cash is provided, the amount covered shall equal 135% of the estimated design and construction cost. The estimated costs must be reviewed and concurred by the County Engineer. The amount of the financial guarantee may be reduced during construction proportionally to the amount of work completed, as said work is approved by the Public Works Director. The developer is legally and financially responsible for ensuring all roads are constructed in accordance with this code.