A. Construction Drawings And Specifications: The developer shall file with the City approved construction drawings and complete written construction specifications for all improvements required in said subdivision together with supporting calculations.
B. Professional Engineer Stamp: Plans for the improvements required by this chapter shall be prepared and stamped by a professional engineer registered in the state of Idaho.
C. Guarantee Of Completion Of Improvements:
1. Financial Guarantee: The developer shall provide a financial guarantee of the required public improvements with the application for final plat approval. The city council may permit the developer to provide the financial guarantee of performance in one or a combination of the following arrangements. No building permits will be issued until all improvements are completed and accepted by the city council.
2. Surety Bond:
a. Accrual: The bond shall accrue to the city covering construction, operation and maintenance of the specific public improvements;
b. Amount: The bond shall be in an amount equal to one hundred ten percent (110%) of the total estimated cost for completing construction of the specific public improvement, as estimated by the applicant's engineer and reviewed and approved by the city engineer and council;
c. Term Length: The term length in which the bond is in force shall be for a period to be specified by the city engineer for the specific public improvements and as stated in the public improvements agreement;
d. Bonding For Surety Company: The bond shall be with a surety company authorized to do business in the state of Idaho, acceptable to the city council; and
e. Escrow Agreement: The escrow agreement shall be drawn and furnished in a form approved by the city council.
3. Cash Deposits, Certified Check, Negotiable Bond, Or Irrevocable Bank Letter Of Credit:
a. Treasurer, Escrow Agent Or Trust Company: A cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit, of such surety acceptable by the city, shall be deposited with an escrow agent or trust company;
b. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit, shall be equal to one hundred ten percent (110%) of the total estimated cost of construction of the specific public improvements, as estimated by the applicant's engineer and reviewed and approved by the city engineer and council;
c. Escrow Time: Escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit, shall be for a period to be specified by the city, and as stated in the public improvements agreement;
d. Progressive Payment: In the case of cash deposits or certified checks, an agreement between the city and the developer may provide for progressive payments 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 improvements, in accordance with a previously entered into agreement.
4. Other Forms Of Security: The city council may accept an alternate form of security proposed by the developer as long as such form is found valid and will cover one hundred ten percent (110%) of the estimated costs of the improvements.
5. 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 council.
b. Surety acceptable to the city shall have been filed in the form of a cash deposit, certified check, a negotiable bond, irrevocable bank letter of credit or surety bond.
6. 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 city shall be made to provide for checking or inspecting the construction and its conformity to the submitted plans. Such agreement shall require that the developer shall provide for the inspection through a nonrelated third party, provide weekly construction reports and provide copies of all test data, and any other data required by the city.
7. Penalty In Case Of Failure To Complete Construction Of 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, the city or any other person with proper standing may proceed to have such work completed. In order to accomplish this, the city or other persons shall pay for the cost and expense thereof any appropriating the cash deposit, certified check, irrevocable bank letter of credit, or negotiable bond which the developer may deposit 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 city and the developer; provided neither the city nor any person shall be required to pay or spend more than the amount of the bond and/or other deposit.
D. Improvements: Prior to the acceptance by the city of any improvement installed by the developer, a recorded full size mylar copy of the final plat shall be submitted along with two (2) sets of prints of the as built plans and specifications for all improvements, one set of which shall be certified and signed by the engineer preparing such plans, shall be filed with the City, and the second set shall be filed with the Idaho Department of Environmental Quality by the developer. In addition to the prints, an electronic copy compatible with city systems shall be filed with the city.
E. Certification; Acceptance: Within fifteen (15) days after the completion of improvements, the completion of which is guaranteed by a surety bond or other guarantee as provided for in subsection C of this section and the filing of the as built plans as provided in subsection D of this section, the city engineer shall certify the completion and recommend acceptance by the city council of said improvements in writing and shall transmit a copy of such certification to both the city clerk and to the developer. After city council approval the city clerk shall thereafter release said surety bond or other guarantee. (Ord. 1508, 2022: Ord. 1276 § 2, 2007: Ord. 1219 § 1, 2002: Ord. 905, 1980: prior code § 11-15-7(B))