Public Hearing May 10, 2007: Proposed Ordinance 11-5-2

A public hearing will be held at City Hall before the Grangeville Planning and Zoning Commission on the 10th day of May, 2007, at 7:00 P.M. on the following ordinance.

11-5-2
GRANGEVILLE CITY ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF GRANGEVILLE AMENDING SECTION 11-5-2, AND PARTICULARLY SECTIONS B, G, H, AND ADDING A PARAGRAPH P AND MAINTAINING THE BALANCE OF THE ORDINANCE UNAMENDED, OF THE MUNICIPAL CODE OF THE CITY OF GRANGEVILLE RELATING TO REQUIRED PUBLIC IMPROVEMENTS IN SUBDIVISIONS; PLACING A RESTRICTION ON CUTTING NEWLY CONSTRUCTED STREETS AFTER THEY ARE ONCE COMPLETED; PROVIDING A GUARANTEE AFTER SUBDIVISION DEVELOPMENT FOR STORM DRAINAGE SYSTEMS; PROVIDING MANDATORY REQUIREMENTS THAT DEVELOP PROPERTIES EITHER WITHIN THE CITY OR WITHIN THE AREA OF CITY IMPACT BE CONNECTED TO WATER AND SEWER SERVICES; PROVIDING THAT SUBDIVIDERS GUARANTEE PUBLIC IMPROVEMENTS FOR TWO (2) YEARS AND FURTHER REQUIRING PERFORMANCE BONDS FOR PAYMENT OF IMPROVEMENT WARRANTIES; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRANGEVILLE, IDAHO COUNTY, IDAHO, AS FOLLOWS:

Section 1: Certain sections of Ordinance 11-5-2 of the Grangeville Municipal Code shall be amended to read as set forth below:

B. Streets and Alleys:
1) All streets and alleys shall be constructed in accordance with the standards adopted by the City Council.
2) No street cut will be allowed in new streets once completed and accepted by the City for inclusion within the City street system, subject to the following time limitations: the no street cut policy shall be for a period of 10 years from the date of acceptance of the street by the city. All utilities will be stubbed from the street to the property line and appropriately marked beyond the edge of the pavement or beyond the back of the curb and gutter, whichever situation exists. All utility companies, developers, and property owners will be advised of this policy by the Public Works Department prior to the approval of the construction plans for the streets where utilities are to be constructed.

G. Storm Drainage:
1) An adequate storm drainage system shall be required in all subdivision. The requirements for each subdivision shall be established by the City Council. Construction shall follow specifications adopted by the City Council. Blue-green systems of on-site retention should be considered.
2) The owner-developer of the subdivision shall be responsible for the maintenance of the storm drainage system for a period of 3 years or until 75% of the lots are built upon after plat recording, whichever is later. This requirement shall not, however, exceed a maximum of a 10 year guarantee period. At the end of the maintenance period the system shall be cleaned and shown to be operational and then turned over to the City for future ownership and maintenance.

H. Public Water Supply and Sewer System:
1) Unless exempted as herein provided in section 2 below, each platted lot requiring water and sewer services must be connected to the current City water and/or sewer system regardless whether the property is within the City or within the Area of City Impact.
2) All public water supply or sewage systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications.

All new public water distribution systems shall be extensions of existing public systems wherever possible. The same is true of sewage collection systems.

In the event that the proposed public water distribution system is not an extension of an existing system there shall be a showing by the subdivider/developer that the extension is not feasible and not in the best interest of the public.

Idaho Code §50-1326 requires that all water and sewer plans be submitted to the State Department of Environmental Quality or its authorized agent for approval.

The following paragraph shall be added:

P. Improvement Guarantees: The owner/developer shall provide a written warranty guaranteeing the improvements for a period of 2 years from the time the City accepts the system as complete. Furthermore, the owner/developer shall provide to the City a performance bond through properly authorized Idaho sureties in the amount of 20% of the construction costs to enforce and fund the warranty.


Section 2: All remaining portions of Section 11-5-2 of the Grangeville City Code shall remain in force as of this date unamended.

Section 3: All ordinances or parts of ordinances in conflict herewith shall be repealed.

Section 4: This ordinance shall be effective upon its passage, approval, and publication after hearings having been properly held pursuant to the Local Planning Act notice provisions set forth in Idaho Code §67-6509, as amended.