HomeMy WebLinkAbout0853 Public Improvements and Recording of PlatsCITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 8,5-'S
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER 17.16
TO CHANGE THE WARRANTY PERIOD FROM THREE YEARS TO TWO YEARS FOR
STRUCTURES AND IMPROVEMENTS DEDICATED TO PUBLIC USE AND TO REQUIRE
A FINANCIAL GUARANTEE DURING THE WARRANTY PERIOD AND DEFINING THE
FINANCIAL GUARANTEE REQUIRED DURING THE WARRANTY PERIOD, AMENDING
CHAPTER 17.20 TO REQUIRE THAT ALL PUBLIC IMPROVEMENTS BE COMPLETED
AND INSPECTED PRIOR TO RECORDING ANY PLAT UNLESS A FINANCIAL
GUARANTEE IS PROVIDED AND DEFINING THE REQUIRED FINANCIAL
GUARANTEE; AMENDING CHAPTER 17.20 REGARDING SIDEWALK CONSTRUCTION;
AMENDING SECTION 17.20.030 TO ADD THE REQUIREMENT THAT DEDICATIONS TO
THE CITY REQUIRED THE FINANCIAL GUARANTEES SET FORTH IN THE AMENDED
SECTIONS 17.16.050 AND/OR 17.20.010; AMENDING SECTION 17.20.040 TO REMOVE
THE PROHIBITION AGAINST ISSUING PERMITS PRIOR TO THE RECORDING OF
FINAL PLAT TO CONFORM WITH THE CHANGES HEREIN; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS IN
TITLES 17 AND 18 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING
WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Amended Section 17.16.070. Section 17.16.70 of the Chubbuck Municipal
Code is amended as follows:
17.16.070: WARRANT AGAINST DEFECTS:
All structures or improvements dedicated to the public, and accepted, shall be warranted
against defects by the person(s) making the dedication and by the person(s) constructing or
placing said strictures or improvements upon the land, for a period of two (2) years from the
date the City Council approves the acceptance of offer of dedications.
A. Extension of Term: Any repairs or replacements to the public infrastructure shall
automatically extend the warranty period twelve (12) additional months beyond the initial
twenty-four (24) months; in unusual circumstances, the Community Services Director
may extend the warranty period beyond the aforementioned twenty-four (24) month
period.
B. Financial Guarantee Required: A financial guarantee of twenty-five percent (25%) of the
total estimated costs for public improvements.
C. Financial Guarantee Required; Form: The public improvements associated with
warrantee arc financially guaranteed for performance by a surety bond, cash deposit,
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cashier's check, or irrevocable letter of credit in the city's name in accordance with
following terms through written agreement:
1. Surety Bond: The bond shall be with a surety company authorized to do
business in the State of Idaho and acceptable to the City.
2. Cash Deposit, Cashier's Check, or Irrevocable Letter of Credit: A cash deposit,
cashier's check, or irrevocable letter of credit in the City's name, shall be
deposited with an escrow agent, City Treasurer, or trust company.
3. The financial guarantee shall accrue to the City of Chubbuck covering all costs
of construction of the public improvements.
4. Repairs Required: If during the warranty period the durability, condition,
materials, or workmanship of the infrastructure or improvements fails or shows
tmusual deterioration, the Public Works Director, or their designee, shall provide
written notice to the developer detailing the issues and required corrections and
establish a reasonable timeline for repair work to be completed. If the
infrastructure has failed in such a way that a repair is needed immediately, the
Public Works Director may execute and use the financial guarantee to defray the
cost of the required emergency work.
5. If the Developer fails to make the required corrections within the reasonable
time set per section 17.16.070.C.4, the Public Works Director, or their designee,
may declare such developer in default and initiate execution of the warranty bond
to defray the cost of the required work.
a. In the event that the warranty bond is insufficient to cover the cost of
making such corrections, the Developer shall be responsible for all
additional costs.
Section 2. Chapter 17.20. Section 17.20.010 is amended, Section 17.20.015 is added
and Sections 17.20.010, 17.20.010, are amended, as follows:
17.20.010: RECORDING OF PLATS:
No plat of any development shall be recorded, nor shall such recording be valid, unless
the plat has received final approval from the city council in the manner prescribed by this title
and any public improvements, either on-site or off-site, as defined herein and as applicable to the
development, are guaranteed in accordance with section 17.20.015 of this title or completed and
inspected and found to meet the City's requirements. Public improvements for purposes of this
section are those which are either intended to be turned over to the City or other government
agency or those which serve as common improvements for lots within the development and shall
include but not be limited to: roads, electric, water; sewer, fire protection, lighting, required
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recreational or other amenities, required landscaping and/or open space, curb, gutter, sidewalks,
parking lots, pressurized secondary irrigation systems, and drainage systems. If an unapproved,
or otherwise unlawful, plat is recorded, the city may institute proceedings to have the plat
stricken from the records maintained by the county recorder. (Ord. 206 §4-1(A), 1979)
17.20.015: GUARANTEE OF COMPLETION REQUIRED PRIOR TO RECORDING PLATS;
GUARANTEE MAINTAINED UNTIL WARRANTY EXPIRES FOR IMPROVEMENTS
DEDICATED TO PUBLIC AGENCY:
No plat shall be recorded until:
A. Financial Guarantee Required; Form: The public improvements associated with the plat
are financially guaranteed for performance by a surety bond, cash deposit, cashier's
check, or irrevocable letter of credit in the city's name in accordance with following
terms through written agreement:
1. Surety Bond: The bond shall be with a surety company authorized to do
business in the State of Idaho and acceptable to the City.
2. Cash Deposit, Cashier's Check, or Irrevocable Letter of Credit: A cash deposit,
cashier's check, or irrevocable letter of credit in the City's name, shall be
deposited with an escrow agent, City Treasurer, or trust company.
3. Accrual: The financial guarantee shall accrue to the City of Chubbuck covering
all costs of construction of the public improvements.
4. Amount: The financial guarantee shall in the amount one hundred fifty percent
(150%) of the total estimated costs based on the development cost estimate in this
section, for completing construction of the public improvements, as approved by
the Director.
5. Term Length: The financial guarantee shall be in force for a minimum period
of twenty-four (24) months with automatic renewal until the improvements have
been deemed completed by the Director and accepted by the City and shall
continue until all contractual warranty periods are completed in accordance with
section 17.16.070 of this title. Once all public improvements have been accepted
by the City, at the Developer's request, seventy-five percent (75%) of the surety
or guarantee may be released and the remaining twenty-five percent (25%) will
remain in effect for the warrantee period of the public improvements in
accordance with section 17.16.070.
6. Development Cost Estimate: The Development Cost Estimate shall be provided
by the developer's engineer of record for review and approval by the Director.
7. Penalty for Case of Failure to Complete Construction of Public Improvements:
If the developer fails to complete construction of the public improvements within
the period of time required by the conditions of the guarantee, the city may at the
city's discretion, either enter into longer terns with the developer or determine
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and take necessary action in order to accomplish completion of the required
public improvements. The city may reimburse itself for the cost and expense
thereof by appropriating the financial guarantee in whichever form provided and
if costs to complete the public improvements exceed the financial guarantee, the
city may seek additional monies from the developer or owners of the property
through all legal incurs. Longer terms to accomplish completion of the required
public improvements will only be considered if all owners within the bounds of
the development provide their written consent to the extension's term.
8. Release of Guarantee for Improvements Not to be Dedicated to a Public
Agency: Public improvements which are not dedicated to a public agency yet
which require a financial guarantee in accordance with this section are not subject
to the section 17.16.070 warranty period. Following completion of the public
improvements which are not to be dedicated to a public agency, the developer
may submit a written request to the Director for final inspection. To receive
approval, the improvements must be frilly functional and able to be utilized by lot
owners within the development. If the Director determines that the developer
completed the work in accordance with the development agreement requirements,
the Director may consider the inspection final and authorize release of the
financial guarantee covering those improvements. If the inspection discloses
work not completed in accordance with requirements of the development
agreement, the Director shall not declare that portion of the project complete until
such time that noncompliant issues are addressed to the satisfaction of the
Director.
B. Sidewalk Exception: For subdivisions where the City determines it to be in the best
interest of the property owners to install sidewalks ,it the time of building rather than at
the time of subdivision development, the following procedure will be followed regarding
the installation of sidewalks:
1. Building Permit/Certificate of Occupancy: A building permit may be issued on
a building occupying a lot when the required sidewalk has not been installed
under the following conditions:
a. The building permit will clearly note that the sidewalks shall be
installed prior to the receipt of a final Certificate of Occupancy.
b. Prior to issuance of a temporary Certificate of Occupancy, a cashier's
check or cash shall be deposited and held in escrow by the City until such
time that the sidewalks are installed. It shall be the responsibility of the
property owner to request an inspection of the installation and request a
refund of the escrowed funds from the City. All refunds of such escrowed
funds shall be subject to the accounts -payable cycle of the city. An
inspection by the Director showing acceptance and compliance of the
sidewalks shall be completed prior to any request for a refund of the
escrowed funds.
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c. From time -to -time, buildable lots may be purchased by an adjoining
landowner, or a non -adjoining landowner, who does not either intend to
build on the lot or who does not intend to build on the lot in a pace
consistent with the development's build -out. In such cases, to connect the
pedestrian infrastructure in the development, the City may compel
construction of the sidewalk by the property owner within ninety calendar
days (90), weather -permitting, and if not completed, the city may
construct the sidewalk and/or seek remedy in accordance with section
17.20.050.
17.20.030: LOCATION OF STRUCTURES AND IMPROVEMENTS:
No structures or improvements, except those to be dedicated to the public as provided in
this title, shall be built, installed or placed upon any lands within a development until:
A. The final plat of the development has been approved and recorded, and
B. All required dedications have been made by the developer and accepted by the city, or
bond, check or line of credit furnished as provided in section 17.16.050 and/or 17.20.010 of this
title. (Ord. 754, 2016)
17.20.040: PERMITS AND MUNICIPAL SERVICES:
The city will notmaintain streets or fin-nish water, sewer or sanitation services within the
development, until:
A. The final plat (if not waived) of the development has been approved and recorded, and
B. All required dedications have been made by the developer and accepted by the city.
Neither will the city issue such permits or furnish such services to completed developments that
do not conform to the finally approved and recorded plat. (Ord. 206 §4-1(D), 1979)
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Chubbuck 111622 — Recording Plats/Guarantees
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
city and any provision of the Municipal Code which are in conflict with the provisions of the
Ordinance are repealed to the extent of such conflict. All other sections of Titles 17 and 18 not
herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a .
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in fills, is dispensed with, and this Ordinance shall become
effective upon its passage, approval, and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this ( Gfi`` day of November, 2022.
Kevin B. England, May
ATTEST:
Toe e , Clerk
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