When the Council has determined that streets within the town are necessary before development of the property, the Council may order street improvements to be constructed by the town at the town’s expense; such expense shall be assessed against the adjacent property subject to the following:
(A) The assessment of property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half of the width or more than one thousand lineal feet of such adjacent arterial street, except that if at the time of assessment any parcel of land is being used for single-family residential use and the width of such does not exceed 200 lineal feet, such property shall not be assessed greater than one-half the cost of the average residential street within the town;
(B) The assessment of property shall not exceed the actual cost incurred by the town at the time of construction; and
(C) When it is necessary to improve a full street and sufficient right-of-way is not available, the Town Engineer may obtain the right-of-way upon terms that are just to the property owner and the town, including assumption by the town of all or part of the cost of street improvements.
(1990 Code, § 7-6-4)