The cost of all improvements of streets located on or adjacent to new subdivision areas to be developed or redeveloped shall be the full responsibility of the developer, except that when improvements are constructed under assessment or community facilities district financing.
(A) Street improvement costs. The allocation of cost of street improvements adjacent to already developed areas and within or adjacent to new subdivisions or developing areas, whether platted or unplatted, shall be as set forth below.
(B) Local. The allocation of cost of improvements to local and sub-collector streets shall be the responsibility of the abutting property owners.
(C) Collectors and arterials. The cost of improvements to collector and arterial streets shall be as follows:
(1) Where street improvements have not been previously constructed in accordance with town standards, the abutting property owners shall be responsible for costs of all street improvements to Town standards to the street centerline adjacent to the property, including but not limited to curbs, gutters, sidewalks, cement or asphaltic pavement, tree removals, ditch removals, catch basins and retention basins, irrigation piping and structures. Where applicable, the property owner shall share with other property owners the cost of streetlights, traffic-control devices, striping; landscaping, intersection construction, temporary pavement, pavement transitions, and miscellaneous removals.
(a) Where medians are required, the owner of the property first developing shall install the full median, including curbing, street lighting and landscaping. The developer required to install a full median may request the town to enter into an agreement providing for reimbursement of that portion of the costs which would have been the responsibility of subsequent developers. Reimbursement shall be made on the basis of front footage as determined by the Department at the rate of half the front foot current cost less the reimbursement transaction fee established by Council resolution which shall be retained by the town to cover administrative costs.
(b) Reimbursement shall be made by the town upon receipt of payment from the adjacent or abutting property owners. Such agreements shall be requested of the town by the developer within one year from the date of acceptance of such improvements and shall run for a period not to exceed ten years from the date of execution by the Department, who is hereby authorized to execute the agreements in accordance with the provisions of this section. The agreements shall automatically terminate at the end of the ten-year period. The Department shall establish in July, on an annual basis, the current cost of construction of medians, streetlight and landscaping installations to be used in determining reimbursement charges. Such current cost shall include engineering, construction and inspection costs.
(c) Buy-ins for medians shall be collected by the town only when a valid reimbursement agreement is in force. They shall be paid at the time of plan or plat approval.
(2) Where the abutting property is an owner-occupied single-family residential use, the costs for the improvement shall be calculated on the basis of local street standards for that portion of the property frontage reasonably related to the single-family residential use. Such abutting property owners shall be responsible for the cost of one-half the width of the local street, nearest the right-of-way property line based upon local street standards together with the necessary curbs, gutters, sidewalks, and other miscellaneous work required to construct the street improvement.
(3) Where the street improvements have been constructed in accordance with town standards in effect at the time of the construction, the street reconstruction shall be at no cost to the property owner if the construction or reconstruction is initiated by the town or persons other than the property owner.
(4) If the construction or reconstruction is undertaken by the abutting property owner as an improvement to his or her property, the costs shall be borne by the property owner in accordance with this section.
(5) If the construction or reconstruction is initiated by a third party as part of an improvement to an adjacent or nearby property, the cost of construction or reconstruction shall be borne by the third party unless the property owner agrees to assume a share of the improvement costs.
(Ord. 05-12, passed 7-12-2005)