(a) Pursuant to the town charter, whenever it shall become necessary to resurface any street which has already been paved, the expense of resurfacing will be borne by the town. The project may be undertaken without the necessity of a petition. The installation of curbs, gutters and adequate storm drainage facilities shall be required on streets when they are resurfaced, unless the council orders that curbs and gutters be omitted, upon finding that installation of curbs and gutters is not feasible, due to one of the following reasons:
(1) Due to the topography of an area, the installation of curb and gutter would not serve to enhance the adequate drainage of the street and those areas abutting the street; or
(2) Due to the topography of an area, the installation of curb and gutter would result in unusual and excessive costs, due to unusually large amounts of earthwork; or
(3) Restrictions, such as the absence of sufficient right-of-way, do not allow the construction of a standard-width street; or
(4) Restrictions caused by the location within the right-of-way of large diameter trees or other stationary objects prevent the construction of a standard-width street without the destruction of such objects.
(b) The town council will assess the costs of the street improvements, exclusive of the costs incurred at street intersections, against the abutting property owners at an equal rate per front foot, as provided in this section of the Code.
(c) When a street improvement assessment project is undertaken along both sides of a corner lot, half the lineal footage on the shorter side, or 150 feet of the lineal footage on the shorter side, whichever is greater, shall be exempt from assessment.
(Code 1982, § 17-43.1; Ord. No. 84-12, § 5, 4-26-1984; Ord. No. 06-008, 4-27-2006)