A. Responsibility for Plans: It shall be the responsibility of the developer of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross sections, specifications and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans that have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies. All construction plans shall be prepared in accordance with the public agencies' standards or specifications.
B. Required Public Improvements: Every developer may be required to install the following public and other improvements in accordance with the conditions and specifications as follows:
1. Monuments: Monuments shall be set in accordance with Idaho Code section 50-1303.
2. Streets and Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Council.
3. Curbs and Gutters: Curbs and gutters shall be constructed on all streets and service roads. All construction shall be in accordance with the standards and specifications adopted by the Council.
4. Bicycle Pathways: A bicycle pathway shall be required within all subdivisions, as part of the public right-of-way or separate easement, as may be specified in an overall bicycle plan as adopted by the Council.
5. Installation of Public Utilities: Underground utilities shall be required in all new subdivisions. Existing utilities or new large transmission lines shall not be required to be buried.
6. Driveways: All driveway openings in curbs shall be as specified by the administration, highway district or State Highway Department.
7. Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the City Engineer and/or the Council. Construction shall follow the specifications and procedures established by the Council.
8. Public Water Supply and Sewer Systems: All new public water supply or sewer systems shall be an extension of an existing public system.
9. Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with standards established by the City Engineer.
10. Street Name Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards. Cost of street signs shall be the responsibility of the developer.
11. Sidewalks and Pedestrian Walkways: Sidewalks may be required on both sides of the street, except that where the average width of lots, as measured at the street frontage line or at the building setback line, is over two hundred ten feet (210'), sidewalks on only one side of the street may be allowed. These requirements may be waived by the Council due to the location and/or character of the development. Pedestrian walkways, when required, shall have easements at least ten feet (10') in width and include a paved walk at least five feet (5') in width. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the Council.
12. Greenbelt: Greenbelt or landscaping screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, railroad rights-of-way or other features. Subdivision plats shall show the location of any greenbelt areas.
13. Street Lighting: Streetlights shall be required to be installed at intersections throughout the subdivision. Lighting shall be approved by the City Engineer and the cost shall be borne by the developer.
14. Mailboxes: Mailbox locations shall be reviewed and approved by the Zoning Administrator and the United States Postal Service.
15. Irrigation Water: Every subdivider or developer shall be required to install a pressure irrigation system in accordance with the conditions and specifications as follows:
a. The use of the city's potable water supply as the primary source of irrigation water in all new developments shall be prohibited. For purposes of this subsection, the term "new development" means any new subdivision, or any development of any parcel of land of three-fourths (3/4) of an acre or larger that is not part of a subdivision.
b. All new developments shall include an operating pressure irrigation system constructed to city standards and approved by the city engineer and the Twin Falls Canal Company. The city engineer shall encourage developers to participate in a regional system as long as the pump station is operational before the first building permit is issued for that station's service area.
c. The city engineer may authorize in specific cases a variance from the requirement of a pressure irrigation system, if not contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subsection would result in unnecessary hardship.
(1) Special conditions may include, but are not limited to, small developments in terms of acreage, developments without viable access to irrigation water delivery, or developments without Twin Falls Canal Company water shares.
(2) Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship.
d. The city engineer shall not authorize a variance from the requirement of an operating pressure irrigation system unless an alternate provision has been approved by the city engineer. Alternates may include, but shall not be limited to, required xeriscaping (i.e., landscaping in ways that do not require supplemental irrigation), payment of an in-lieu fee equal to the estimated cost of construction of an operating pressure irrigation system (including land acquisition), or some combination of these or other acceptable options.
e. One share of Twin Falls Canal Company water for each acre of property within the subdivision shall be deeded to the city before the filing of the final plat for use in the pressurized irrigation system.
f. If the City Council and Public Works Director determine that the PI system is to be owned and maintained by the developer, Home Owners Association and home owners, applicable Twin Falls Canal Company water shares shall, not be conveyed to the City and that one irrigation water share for each acre of property within the development, shall be retained within the development for all irrigation in perpetuity.
g. If the City Council and Public Works Director determine that the PI system is to be owned and maintained by the City, each new development shall convey one share of Twin Falls Canal Company for each acre of property within the development to the City before filing of the final plat.
h. All users connected to a pressurized irrigation system shall install automatic timers to ensure that conservation of and schedules for use of the water are met in the most efficient manner possible. Systems operating without the use of automatic timers will be in violation of this Code and subject to established fines and penalties herein.
i. Monthly fees for water districts will be established and assessed to each user by the City of Filer to maintain the pressure irrigation system. The fees shall be established by a resolution of the city council.
j. All residences within the City of Filer with pressurized irrigation systems shall irrigate and water flowers, lawns, gardens, trees, and shrubs as follows: Residences with even number addresses shall water on Tuesdays, Thursdays, and Saturdays only; residences with odd number addresses shall water on Wednesdays, Fridays, and Sundays only.
C. Guarantee of Completion of Improvements:
1. Financial Guarantee Arrangements: In lieu of the actual installation of required public improvements before recording of the final plat, the Council may permit the developer to execute a trust and escrow agreement and record a notice prohibiting the sale of an undeveloped lot without a recorded developer's agreement between the developer and the City relating to that lot, or to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement:
a. Surety Bond:
(1) Accrual: The bond shall accrue to the City covering construction, operation and maintenance of the specific public improvement.
(2) Amount: The bond shall be in an amount equal to one hundred twenty five percent (125%) of the total estimated costs for completing construction of the specific public improvements, as estimated by the developer's consulting engineer and approved by the City Engineer.
(3) Term Length: The term length in which the bond is in force, for the duration of the phase of the project, shall be for a period of two (2) years minimum.
(4) Bonding for Surety Company: The bond shall be with a surety company authorized to do business in the State of Idaho, acceptable to the Council.
b. Cash Deposit, Certified Check, Negotiable Bond or Irrevocable Bank Letter of Credit by An Institution Licensed in The State of Idaho And Approved by The Council:
(1) Treasurer, Escrow Agent or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit such surety acceptable by the Council, shall be deposited with an escrow agent or trust company.
(2) Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred twenty five percent (125%) of the estimated cost of construction for the specific public improvement, as estimated by the developer's consulting engineer and approved by the City Engineer.
(3) Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be for two (2) years minimum or one year after subdivision is completed and accepted by the City Engineer.
(4) Progressive Payment: In the case of cash deposits or certified checks, an agreement between the Council and the developer may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.
2. Conditional Approval of Final Plat: With respect to financial guarantees, the approval of all final subdivision plats shall be conditioned on the accomplishment of one of the following:
a. The construction of improvements required by this title shall have been completed by the developer and approved by the City Engineer.
b. Surety acceptable to the Council shall have been filed in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit or surety bond.
3. Inspection of Public Improvements Under Construction: Before approving a final plat and construction plans and specifications for public improvements, an agreement between the developer and the Council shall be made to provide for checking or inspecting the construction and its conformity to the submitted plans.
4. Penalty In Case of A Failure To Complete The Construction of A Public Improvement: In the event the developer shall, in any case, fail to complete such work within the period of time as required by the conditions of the guarantee for the completion of public improvements it shall be the responsibility of the Council to proceed to have such work completed. In order to accomplish this, the Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit, or negotiable bond which the developer may have deposited in lieu of a surety bond, or may take such steps as may be necessary to require performance by the bonding or surety company, and as included in a written agreement between the Council and the developer. (Ord. 380, 9-11-1979, amd. Ord. 624, 10-20-2020)