§ 156.19 OFF-SITE IMPROVEMENTS.
   (A)   Off-site improvements include:
      (1)   Acquisition of required street right-of-way for dedication to the public to connect the proposed development to the nearest paved public street right-of-way. Required right-of-way width shall be determined by the Town Engineer as specified in the Town General Plan’s Major Roads Plan street classification and these Development Standards.
      (2)   Paving of the required street to connect the proposed development to the nearest paved public street/spine road, including development and construction of any required curbs, gutters, drainage and grading, and walkability safety according to town standards and specifications.
   (B)   Required water, sewer, gas, electric and telecommunications services from their connection to required off-site sources to the proposed development, including acquiring all required easements or rights-of-way, purchase of all supporting equipment and materials, all construction costs, and related appurtenances, as determined by the developer and approved by the Town Engineer. Provisions shall be made for public or private utility crossings necessary to provide service to the proposed development.
      (1)   Required drainage improvements and grading as determined by the developer and approved by the Town Engineer. Improvements may include storm drains, flood control facilities, rip-rap, gunnite construction or drainage channel improvements.
      (2)   Any required street lighting, sidewalks, pavement markings, crosswalks, traffic signs, traffic signals, improvements and upgrades to adjoining properties, coordination with regulatory agencies, environmental requirements, monuments and other ancillary or supporting improvements.
   (C)   As a condition of final approval, developers may be required to enter into a development agreement with the town addressing:
      (1)   Required off-site improvements (determined by traffic or other impact study), when they will be required, assurances of completion, pay a pro rata share of the cost, or agree to install all off-site improvements reasonably related to the proposed development or which support the development of a subdivision.
      (2)   At the discretion of the Town Council, pro rata funds may be deposited into an escrow account for future construction if it is deemed by the Council that it is in the interest of the town to delay construction of said improvements. In no case shall the delay be more than six years, and in the case that the town elects to not construct the improvements within six years, the funds will be returned to the developer with interest paid at the same rate of interest that the town received on the funds.
      (3)   Depending on the scope of the proposed improvements and the town’s adopted water and wastewater infrastructure improvement plans, there may be development impact fees required to connect to water and wastewater service.
(Ord. 2017-02, passed 11-13-2017; Am. Ord. 2021-22, passed 12-13-2021)