(A) Application. For purposes of the administration of this chapter, all applications for construction of public and private streets, roads, highways, avenues, boulevards, ways, lanes, alleys, and the like shall be submitted to the Clerk-Treasurer.
(1) The applicant shall arrange with the Clerk-Treasurer to schedule a pre-application conference with the Clerk-Treasurer and the head of the Street Department.
(2) An application will not be considered to be complete until a pre-application conference has been conducted with the Clerk-Treasurer and the head of the Street Department.
(B) Procedures. The procedures and the schedule for review of proposed new construction, lengthening, or modification of streets shall be as follows:
(1) Complete application. Within 22 working days from the date of receipt of an application, the Clerk-Treasurer shall notify the applicant in writing that either the application is complete or, if not complete, the specific additional material needed to make it complete. A determination by the Clerk-Treasurer that the application is complete in no way commits or binds the town as to the adequacy of the application to meet the requirements of this chapter.
(a) Within five working days from the date of determining that an application is complete, the Clerk-Treasurer shall forward the application to the Town Council to begin the process of considering whether to grant or deny approval of the application.
(b) The Clerk-Treasurer shall also forward copies of the application to the Fire Chief for informational purposes. If said individual desires to offer unsolicited comments on the application to the Town Council or its designee said comments are to be delivered to the Town Council or its designee within ten working days of their receipt of a copy of the application.
(c) In consideration of the purpose of this chapter as stated in § 154.001, it shall be entirely at the discretion of the Town Council or its designee to choose whether or not to request comments on the application from third parties.
(d) In consideration of the purpose of this chapter as stated in § 154.001 Purpose, it shall be entirely at the discretion of the Town Council or its designee whether or not to hold a public hearing on the application. If the Town Council or its designee decides to hold a public hearing, the hearing must be held within 30 working days of having received a complete application from the Clerk-Treasurer. The applicant shall be notified to cause notice of the date, time, and place of such hearing to be given to all abutting property owners and to be published in a newspaper of general circulation in the town at least ten days prior to the hearing.
(2) Application approval. Within 30 working days of a public hearing, or within 45 working days of having received a complete application, or within such other time limit as may be mutually agreed to, the Town Council or its designee shall grant or deny approval on such terms and conditions as may be deemed advisable to satisfy this chapter and to preserve the public health, safety, and welfare. In all instances, the burden of proof shall rest upon the applicant. In issuing the decision, the Town Council or its designee shall issue a written decision establishing that the application does or does not meet the provisions of this chapter. If the Town Council or its designee finds that the application does not meet the provisions of this chapter, the Town Council or its designee shall provide a written statement of the reasons for the negative finding.
(3) Decision is public record. The decision of the Town Council or its designee shall be a matter of public record. The Clerk-Treasurer will forward the decision to the applicant within ten working days.
(C) Further provisions.
(1) The applicant may choose to begin street construction as soon as the Clerk-Treasurer has determined that the applicant’s street construction application is complete, with the caution of division (C)(2) below. Before beginning work on a street, the applicant is required to participate in a pre-construction meeting with the Town Council or its designee, the Clerk-Treasurer, and other town staff as may be appropriate. Upon notification by the applicant, the Town Council or its designee will arrange for the pre-construction meeting to be held within 15 working days.
(2) Any street construction work that the applicant may choose to begin before the formal approval of the applicant’s street construction application shall be entirely at the applicant’s own risk. The town shall not be liable for any costs if the applicant’s street construction application is not finally approved upon full and proper consideration and review. Notification that an application is complete is not assurance of approval.
(D) Surety. Approval of a plat associated with any new construction of public streets or private streets shall not be issued until either the construction of the streets are completed or the applicant has provided an acceptable form of surety to cover the estimated cost to complete the construction. The estimated cost to complete the construction shall be determined on the basis of usual and customary costs for similar construction. The applicant may provide surety in the form of cash, certified bank checks, insurance bonds, or irrevocable letters of credit all payable to the town. Any such surety shall be satisfactory to the Town Council, and the Town Attorney as to sufficiency, manner of execution, and amount. The amount of surety shall be reduced incrementally upon recommendation of the Town Council as construction progresses and shall be discharged completely within ten working days after the Town Council or its designee certifies in writing that the construction is complete.
(2011 Code, § 154.03) (Ord. 2007-02, passed 3-5-2007)