§ 150.47 CURB AND GUTTER POLICY; MAINTENANCE.
   (A)   Curb and gutter policy. It shall be the policy of the town that proper drainage of all property and of town streets is necessary and a part of the Fairmont development objectives.
   (B)   Curb and gutter/drainage.
      (1)   Should be part of the town-wide system only;
      (2)   Cannot adversely affect any property in an adverse manner;
      (3)   If not part of right-of-way, should be made so;
      (4)   Shall be considered on the basis of availability of funds;
      (5)   Costs should be incurred on a 50/50 basis with up-front money provided for by the petitioner;
      (6)   Estimates for cost of service should be:
         (a)   Requested by those petitioning the Board;
         (b)   By the (Town Engineer) Public Works Director with costs to be incurred on a 50/50 basis if the project is to be done and 100% by Public Works Director; and
      (7)   All work is to be inspected by the Town Engineer.
   (C)   Maintenance.
      (1)   The property owner shall petition to the Town Board on a 50/50 basis for costs incurred from the maintenance performed on curb and gutters located on the property and that which is located on town-maintained streets.
      (2)   The town shall repair any damages done at 100% costs for damages incurred by any town employees(s) and/or vehicle(s) while carrying out town duties.
      (3)   The owner of the property shall be assessed 100% of costs from damages to the curbs and gutters which are located on the owner’s property and located on town-maintained streets.
      (4)   Those wishing to participate in this policy may do so by petitioning the Board of Commissioners by submitting their request in writing to the office of the Town Manager, 4 days before the regular scheduled Board meeting.
(1988 Code, § 6-3)