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A. Public Improvement Requirement. No building permit may be issued until all required public facility improvements are installed in accordance with the approved design, approved by the City Engineer, or a financial guarantee is provided pursuant to 18.4.6.030.E, below.

B. Waiver of Right to Remonstrate and Consent to Participate in Costs of Improvements. Whenever a request is made for a building permit which involves new construction of a new residential unit and/or any request involving a planning action which would increase traffic flow on any street not fully improved, the applicant is required to legally agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the costs of full street improvements and to not remonstrate to the formation of a local improvement district, to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement is a condition prior to the issuance of a building permit or the granting of approval of a planning action and if the owner declines to so agree, then the building permit and/or planning action shall be denied. This shall not require paving of alleys, and shall not be construed as waiving property owners rights to present their views during a public hearing held by the City Council.

C. Permit Approval. No development of public facilities and no development within a public right-of-way shall be undertaken without plans approved by the City, permit fees paid, and permits issued. Permit fees are as established by resolution of the City Council.

D. Easements. The developer shall make arrangements with the City and applicable utility providers for each utility franchise for the provision and dedication of easements necessary to maintain public facilities and utilities. Utility easements shall additionally conform to the requirements of the utility service provider. All easements for sewers, storm drainage and water quality facilities, water mains, electric lines, or other utilities shall be recorded and referenced on a survey or final plat, as applicable. See chapter 18.5.2 Site Design Review, and chapter 18.5.3 Land Divisions.

E. Performance Guarantee Required. The City may approve a final plat or building permit prior to completion of required public improvements when it determines that enough of the public improvements required for the site development or land division, or phase thereof, are complete and the applicant has an acceptable assurance for the balance of said improvements. The applicant shall provide a bond issued by a surety authorized to do business in the State of Oregon, irrevocable letter of credit from a surety or financial institution acceptable to the City, cash, or other form of security acceptable to the City.

F. Determination of Sum. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses, plus reasonable inflationary costs.

G. Agreement. Where improvements are required pursuant to this section, a signed and recorded agreement between the City and the subdivider or developer, as applicable, shall contain, at a minimum, all of the following.

1. The period within which all required improvements and repairs shall be completed.

2. A provision that if work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant.

3. The improvement fees and deposits that are required.

4. As applicable, a provision for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract.

H. Failure to Perform. In the event the subdivider or developer, as applicable, fails to carry out all provisions of an agreement required by this section, and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the bond, cash deposit or letter of credit for reimbursement.

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