This Chapter provides the tools needed to assure that the improvements required by this Title are in fact installed and maintained. (Ord. 98-01, 7-18-1998)

A "required improvement" is any improvement that must be provided to comply with this Title. See for example Sections 10-14-8 and 10-15-5 of this Title. (Ord. 98-01, 7-18-1998)

The installation of all required improvements shall be at the developer's expense. The Power County Highway District or other affected service providers may, at their discretion, participate in the costs of adding capacity to required improvements in order to provide for anticipated future developments. (Ord. 98-01, 7-18-1998)

   A.   All required improvements shall be installed in compliance with the policies of these regulations and any design and engineering standards separately adopted by the County or other agencies responsible for providing service to the development.

   B.   All required improvements shall be installed in accordance with the "Idaho Standard Specifications for Public Works Construction". (Ord. 98-01, 7-18-1998)

   A.   Installation Before Recording Final Plat: Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied.

   B.   Phasing; Development Agreement: Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:

      1.   Incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phase/s.

      2.   Identifies all required improvements in the initial phase/s and establishes their estimated cost.

      3.   Sets a schedule for the completion of the required improvements in the initial phase/s and an anticipated schedule for future phases.

      4.   Guarantees completion, repair, and one year's maintenance of all required improvements in the initial phase/s using one of the methods listed in Section 10-16-7 of this Chapter, and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases.

      5.   Provides a process by which the County may, if necessary, complete required improvements using the guarantee/s provided.

      6.   Provides a process by which either party may request renegotiation of the development agreement.

      7.   Provides a process by which the development agreement may be transferred, with County approval, to the developer's successors.

      8.   Provides that the development agreement and any vested rights it confers shall be void if the County is required to "call" a guarantee to complete required improvements or if the anticipated schedule required by subsection B3 above, is not met or renegotiated. The developer shall have the right to renegotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated, by the developer, within ninety (90) days after his or her failure to initiate or complete a phase as scheduled.

      9.   An "initial" phase is any phase anticipated to begin within eighteen (18) months. The anticipated schedule may set times for the initiation or completion of a phase in terms of reasonable ranges of no more than twelve (12) months. (Ord. 98-01, 7-18-1998)

The effect of a development agreement shall be to create vested rights in the conceptual site plan, as it was approved. Development agreements do not insulate developments from changes in State or Federal regulations or changes in Building and Fire Codes. (Ord. 98-01, 7-18-1998)

Completion of the improvements identified in a development agreement shall be guaranteed by one of the following methods:

   A.   Escrow: The developer may place an amount equal to one hundred ten percent (110%) of the estimated cost in escrow, with that amount and accumulated interest being released only after the County has inspected and accepted the required improvements. A development agreement may provide for the phased release of a portion of the escrowed funds as work proceeds, but at least twenty five percent (25%) of the amount in escrow shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the County shall use as much as necessary of the escrow account to complete those improvements, before returning any remaining balance to the developer.

   B.   Letter Of Credit: The developer may provide an irrevocable or standing letter of credit for an amount equal to one hundred ten percent (110%) of the estimated cost. The letter of credit shall be released only after the County has inspected and accepted the required improvements. If any required improvements are not completed as provided in the development agreement, the County shall use as much as necessary of the credit available to complete those improvements.

   C.   Development Agreement: Large development may be completed in phases, with a separate final plat for each phase, but only where the development agreement provides for the timely installation of essential improvements, sets a schedule for each phase, provides for financial assurance by one of the methods listed above for each phase, and specifies a process for renegotiation of the agreement if the schedule is not met. (Ord. 98-01, 7-18-1998)

   A.   Inspection Fees: Fees for the inspection of required improvements shall be set by resolution. Inspection fees shall be paid before any work on required improvements is permitted.

   B.   Inspection And Acceptance Of Improvements: Required improvements shall be inspected by the Administrator before acceptance. Acceptance of required improvements shall be by action of the BOCC, following submission of the developer's written request for acceptance and receipt of the Administrator's report that all improvements have been inspected and are in compliance with these regulations. (Ord. 98-01, 7-18-1998)

Reproducible as-built drawings of all subdivision improvements shall be provided to the County at the developer's expense. (Ord. 98-01, 7-18-1998)

Required improvements shall be warranted by the developer for both materials and workmanship for one year after their acceptance. Such a warranty provision shall be included in all development agreements. Where all required improvements will be completed before a final plat is approved and the development is offered for lease, sale, or occupancy, a warranty agreement shall be submitted for approval. Enforcement of the warranty shall be assured by:

   A.   Retention of ten percent (10%) of an escrow account established to comply with subsection 10-16-7A of this Chapter;

   B.   A continuing letter of credit, as provided in subsection 10-16-7B of this Chapter, but for ten percent (10%) of the cost of the required improvements; or

   C.   Establishment of a new escrow account or letter of credit, in which an amount equal to ten percent (10%) of the cost of all required improvements is deposited, and which shall be released only upon expiration of the warranty. (Ord. 98-01, 7-18-1998)

   A.   Continuing Maintenance Required: Continuing maintenance of any private improvement required for compliance with any performance standard of this Title shall be required. Maintenance of landscaped areas shall include irrigation, maintenance of the irrigation system, and weed and pest control.

   B.   Maintenance Mechanism: Any development subject to continuing maintenance requirements that results, or may reasonably be expected to result, in the creation of multiple ownerships shall create a community association or other mechanism to ensure continuing maintenance. The developer shall submit the proposed declaration of covenants, articles of incorporation, and bylaws for the community association with his or her application for a permit and shall provide evidence that these documents have been recorded before a certificate of compliance is issued.

   C.   Failure To Maintain: Failure to maintain any required improvement shall be a violation of this Title. (Ord. 98-01, 7-18-1998)