A. Extensions: Extensions of City facilities built by others to serve new subdivisions or undeveloped areas shall conform to the City's adopted master plans and follow as closely as practicable the locations specified by the City. If a master plan is not available for the area of development, a site specific engineering analysis may be submitted to the City for consideration and action. Such extensions shall be allowed only as approved by the City. Where the master plan or site specific review requires oversizing of facilities placed as an extension, the provisions herein for partial reimbursement in accordance with an agreement may apply.
B. Facility Conformance: In addition to providing the system to serve the undeveloped area and other facilities as required, the developer shall be responsible to conform off site facilities to meet the demands and needs of the subdivision.
C. Costs: Costs for all system extensions and/or oversizing or off site facilities shall be the responsibility of the developer.
D. Compliance: Design and construction of extensions and/or oversizing or off site improvements shall comply with the "Idaho Standards for Public Works Construction" and the Middleton supplemental standards.
E. Plans: The plans for all extensions and/or oversizing of facility upgrades or off site improvements shall be prepared and signed by a registered professional engineer. Three (3) copies of the plans shall be filed with the City for simple extensions per Idaho Code. Extensions and system modifications not considered simple extensions may be submitted to other relevant agencies for review and approval as required by Idaho Code. In approving drawings for extension and/or oversizing, the City may impose other requirements such as a special permit fee, right-of-way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension and/or oversizing until the project has been approved by the City.
F. Obligation Of Owner: After the construction of any system extension and/or oversizing, the owner shall have a registered professional engineer submit record drawings to the City and certify to the City and to relevant agencies, if needed, that the said system extensions and/or oversizing were installed in accordance with the record drawings submitted. Following certification by the registered professional engineer and acceptance by the City, the entire extension and/or oversizing of the system shall become property of the City.
G. Additions After Acceptance By City: Any permit application for a service connection at any time after the extension has been originally accepted by the City will be required to include the standard permit fees and inspection fees as may be established by the City for such purposes.
H. Methods Of Computing Credits:
1. Oversized Facilities: Credits for oversized facilities shall be based upon the actual materials cost of the oversized facility minus the materials cost of an equivalent standard-size facility. Reimbursement of the credits shall be done in accordance with an agreement between the City and the owner.
2. On Site Stub Out: There is no credit available for onsite stub outs.
3. Off Site Facility: Credits for off-site facilities shall be based on an agreement between the City and the owner.
I. Eligible Construction Costs: In order for any constructed facilities to be eligible for construction credits the developer shall conform to the following requirements:
1. The work for which construction credits are requested shall be specifically agreed to in writing prior to the City issuing final plan approval for construction.
2. All work shall be competitively bid. The bids shall be reviewed and approved by the City prior to award.
3. The developer shall organize the bidding documents to show an individual unit bid price for every item for which he is requesting construction credits. Actual construction costs shall be established by the bid price accepted by the owner.
4. The developer shall submit a tabulation of all bids received, along with a copy of the selected contractor's bid which includes all work for which construction credits are requested.
5. Construction cost change orders are not eligible for construction credits unless approved in writing by the City.
J. Oversizing Agreement: Upon final inspection and acceptance by the City, a letter detailing the total dollar amount of credits shall be issued to the developer by the City. The developer shall then execute an agreement with the City, which shall establish the payment terms. All fees shall be collected by the City at the time of preliminary plat application, final plat application, and/or building permit application as specified in the agreement.
K. Off Site System Extension:
1. Latecomer's Fee Negotiated: For all off site system extensions, which are constructed and paid for by the developer, the developer may negotiate with the City a "latecomer's fee" which shall be charged to all property indicated by the service area boundary shown on the service area map which receives benefit from the extension and did not participate in financing the original construction. Seventy five percent (75%) of the total service area shall be used for purposes of calculating the latecomer's fee to account for potentially undevelopable property within said service area. The fees collected shall be placed into a separate interest bearing account.
2. Payments: Payments shall be made until the agreement is paid in full, or a period of ten (10) years, whichever is sooner. The developer may request a five (5) year extension on the reimbursement period within six (6) months of the period's expiration, and may request a second five (5) year extension within six (6) months of the first extension's expiration, for a total reimbursement period not to exceed twenty (20) years, with each extension request subject to approval by City Council. Any interest rate paid shall be established in the agreement. The City shall charge a fee for administration of the "latecomer's" account which shall be established in the agreement.
3. Calculation: The latecomer's fee shall be calculated by the following equation:
Latecomer's fee ($/acre) | = | [ | Credit + Administration fee | ] |
(75%)(Total service area - Total development area) |
4. Method Of Collecting Latecomers' Fees: All fees shall be based upon gross development area and shall be collected by the City at the time of preliminary plat application, final plat application, and/or building permit application as specified in the agreement. Fees may be further subdivided for collection purposes on an individual basis as follows:
a. For commercial and/or industrial developments the fees shall be based upon the commercial lot area plus a percentage of any right-of-way and/or common area as applicable.
b. For residential developments the fees shall be based upon a per equivalent single-family dwelling basis based upon the total fee established on the gross area of the subdivision divided by the number of equivalent single-family dwellings. (Ord. 609, 7-3-2018)