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(A) Purpose. It is the purpose of this section to establish and define the public improvements which will be required to be constructed by the subdivider as conditions for final plat approval and also to outline the procedures and responsibilities of the subdivider and the various public officials and agencies concerned with the administration, planning design, construction and financing of public facilities and to further establish procedures for assuring compliance with these requirements.
(B) Responsibility for plans. It shall be the responsibility of the subdivider 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 which 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 city or Building Inspector and other responsible public agencies. All construction plans shall be prepared in accordance with the public agencies’ standards or specification.
(C) Required public improvements. Every subdivider shall 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 § 50-1313.
(2) Street and alleys. All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Council.
(3) Drainage. An adequate storm drainage system may be required in all subdivisions. The requirements for each particular subdivision shall be established by the Council and the appropriate construction shall follow the specifications and procedures established for such facility designed to retain or detain storm water.
(4) Installation of public utilities. Underground utilities are recommended and may be required by the Council in areas where overhead facilities would not be compatible with the surrounding properties.
(5) Driveways. All driveway openings shall be as specified by the city, highway district or state’s Highway Department.
(6) Water supply system and sewer service (when available). When a proposed subdivision is to be serviced by a public water supply system (or sewer system, when available), fire hydrants and other required water system appurtenances shall be provided by the subdivider.
(7) Private improvements and public utilities. It shall be the responsibility of the subdivider to arrange and provide for the development, installation, construction or other improvement of private facilities and public utilities for and within the subdivision in accordance with applicable standards and requirements.
(8) Construction of public works.
(a) The scope of this section is to define the respective areas of responsibility of the subdivider and the city relative to the installation, construction or other improvements of public works en route to and within the boundaries of a subdivision.
(b) In certain instances, the city may require formal written agreements with the subdivider that more fully and specifically describe their respective obligations and responsibilities.
(c) It shall be the responsibility of the subdivider to complete, at his or her sole expense, all the development and construction of public works for and within his or her subdivision, except as specifically provided otherwise to be the obligation and responsibility of the city, or as may be accepted by the city as being within the spirit and intent of its responsibilities.
(d) The subdivider shall complete the installation or construction of all the different phases of public works for which he or she is responsible before the city will accept any of them. This requirement may be satisfied by completion of a stage is a staged development is called for in the approved development plan.
(9) Guarantee of completion. Until the public works for which the subdivider is responsible are completed, or an acceptable stage of the development is completed, the city will issue no building permits for private construction therein, unless a satisfactory performance bond or other suitable guarantee of performance acceptable to the city is provided by the subdivider.
(10) Evidence of completion.
(a) The subdivider shall notify the city in writing when the public works for which he or she is responsible have been completed.
(b) The city shall also certify in writing, a copy of which shall be sent to the subdivider, that the said public works have been inspected by its authorized representative, and that the said public works have been completed in accordance with applicable standards and specifications. As built, construction plans shall be submitted to the city on completion, if required.
(c) Compliance with the foregoing provisions shall constitute the city’s acceptance of the public works. The city shall thereby accept said public works and be responsible for their operation and maintenance in accordance with city policies.
(11) Streets. The subdivider shall perform, install, construct or otherwise complete, at his or her sole expense, the following items relative to street improvements for and within the boundaries of the subdivision.
(a) The city shall perform, install, construct or otherwise complete, at its sole expense, installation of traffic control signs and signals and street name signs relative to street improvements within the boundaries of the subdivision.
(b) The city shall also improve to the extent it deems suitable, subject to budgetary limitation, such existing right-of-way it considers necessary to provide adequate access to the subdivision.
(12) Water distribution system. The subdivider shall be responsible for the installation of a culinary water distribution system for and within the boundaries of the subdivision on public right- of-way. The subdivider shall perform, install, construct or otherwise complete at his sole expense the following items relative to a culinary water distribution system:
(a) Preparation of plans and specifications for the construction of the water distribution system, including any required extensions from the existing system, and the approval of said plans and specifications by the state’s Department of Health and Welfare. Construction surveys of line and grade within the subdivision;
(b) Installation of the water distribution system for and within the subdivision, including water lines, control valves, fire hydrants and appurtenant facilities;
(c) If water mains are located in a dedicated street or alley, installation of a water service line to the property lines of each lot; and
(d) Inspection of construction to assure compliance with the plans, specifications and applicable standards. Connections to the water mains shall be in accordance with existing procedures and policies of the city; and the subdivider shall be liable for the payment of water assessment and hookup charges as provided by city ordinances.
(13) Reimbursement for oversizing. In the event the city requires the subdivider to install oversized pipe lines or other excess facilities to make provisions for present or future service needs in excess of the requirements for the subdivision, the city shall reimburse the subdivider for the additional costs of material and installation resulting therefrom.
(14) Building line setback.
(a) In all new subdivisions, the building line setback shall be a minimum of 25 feet from the property line.
(b) In the event that a new subdivision is located along a street with existing residences, the setback line shall be not less than other structures along the street and preferable should be set back as an average of the existing structures.
(15) Side and rear lot clearance.
(a) In all new subdivisions no building of any nature shall be placed or constructed nearer than 15 feet from the side or rear property line.
(b) Where utility rights-of-way of other easements are provided along property lines and lot lines, no structure of any nature shall be permitted in such rights-of-way or easements, except for the purpose for which they are provided.
(Ord. passed 9-11-1995) Penalty, see § 152.99