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15A.08, based on the underlying land use decision in accordance with Ch. 36.70B RCW. (Ord. 2022- <br />005, 2022; Ord_2018-001, 2018; Ord. 2015-010, 2015) <br />12.01.135 Variance Fairness Standard. <br />(repealed by Ord. 2022-005 2022; Ord. 2018-001, 2018) <br />12.01.140 Authority of the Public Works Director. <br />The Director of Public Works or his/her designee shall have the authority, on behalf of the County, to <br />ascertain that all design and construction complies with the requirements set forth in these <br />Standards. (Ord. 2015-010.2015) <br />12.01.150 Performance Guarantees. <br />Failure to comply with these Standards may result in denial of plan or development permit approval, <br />revocation of prior approvals, or legal action for forfeiture of performance guarantee. <br />A. Construction Performance Guarantees: In lieu of the completion of any required public or <br />private improvements prior to final approval of a land -use development activity, the developer shall <br />provide a performance guarantee in an amount and with satisfactory surety and conditions providing <br />for and securing to Kittitas County the actual professional services, construction and installation of <br />such improvements within two years of final approval. The Director will enforce the guarantee <br />through appropriate legal and equitable remedies. All performance guarantees shall be prepared in <br />accordance with the Department of Public Works Performance Guarantee Form. <br />If a surety bond, letter of credit, or cash is provided, the amount covered shall equal 135% of the <br />estimated design and construction cost. The estimated costs must be reviewed and concurred by the <br />County Engineer. <br />The amount of the financial guarantee may be reduced during construction proportionally to the <br />amount of work completed, as said work is approved by the Public Works Director. <br />The developer is legally and financially responsible for ensuring all roads are constructed in <br />accordance with this code. <br />B. Maintenance Performance Guarantees: The successful performance of public <br />improvements shall be guaranteed for a period of not less than two years from the date of <br />acceptance as an on -system road or final construction approval of existing facilities. The amount of <br />the maintenance guarantee shall be 10% of the construction cost and the form of the maintenance <br />financial guarantee shall be approved by the Public Works Director. Maintenance guarantees will not <br />be required when the required performance guarantee is $1,000.00 or less. <br />(Ord. 2015-010, 2015) <br />12.01.160 New County Roads. <br />A. General <br />New roads may be added to the county road system by resolution passed by the BOCC. Sources of <br />new roads are additions, realignments, relinquished State Highways and Forest Service roads, <br />subdivision and other development. Before a new road becomes a part of the county road system, it <br />passes through seven steps: planning, design, right-of-way acquisition or dedication, construction, <br />inspection, acceptance through resolution, and warranty period. <br />The initial approval of subdivision road construction by the County Engineer is for purposes of <br />releasing the developer's development collateral and not for purposes of acceptance by the County <br />