Construction of any required subdivision improvements, including infrastructure and facilities, necessary to meet the requirements of this chapter, and any conditions required by the Town Council for final subdivision approval, shall comply with the public infrastructure construction and design requirements, as established by the Town Council.
(A) The Town Council shall have the option to either:
(1) Require the applicant to post improvement completion assurances in the form of a cash escrow to be held by the town and enter into agreements as required under this chapter; or
(2) Impose conditions as part of the preliminary plat approval in the form of a development agreement signed by the applicant and the town requiring the applicant, prior to final plat approval, to provide, construct, install and otherwise complete all the required amenities and infrastructure together with any other conditions imposed by the town prior to the execution and recordation of the final plat with the County Recorder’s office, in which case the applicant shall not sell or offer for sale any lots prior to said final plat recording.
(B) Whether the development agreement is entered into pursuant to division (A)(1) and (A)(2) above, it shall include and encompass all of the requirements set forth in this chapter, any other relevant requirements found in the town ordinances, and any valid discretionary items imposed by the town to assure that the intent of this chapter is fulfilled.
(Ord. 49, passed 3-5-2003; Ord. 49A, passed 3-3-2004; Ord. 58, passed 5-8-2008, § 700-1; Ord. passed 7-11-2019)