§ 154.03 APPLICABILITY.
   (A) Property owners shall be required to dedicate right-of-way to the town in accordance with the prescribed width per the Thoroughfare Plan for transportation purposes as a condition of approval for new development or redevelopment, when to do so is found to be reasonably necessary to mitigate an impact which is a direct result of a proposed development, for improvement, use or maintenance of the transportation system serving the development.
   (B)   Right-of-way dedication shall be required in the following cases:
      (1)   To obtain the right-of-way reasonably necessary for the construction of frontage improvements along the frontage of the development's parcel. This may include right-of-way necessary to attain sufficient intersection sight distance in accordance with the following publications and regulations:
         (a)   Indiana Department of Transportation (INDOT) Driveway Permit Manual, latest edition; and
         (b)   INDOT Design Manual.
      (2)   To obtain the right-of-way reasonably necessary for the construction of any other improvements, either along the frontage of the development's parcel or off-site, as may be required in the development approval process.
      (3)   To obtain the right-of-way reasonably necessary such that an existing offset road shall be located within right-of-way after the right-of-way dedication.
      (4)   To obtain the right-of-way reasonably necessary for maintenance of town transportation and/or drainage facilities.
(Ord. 2018-2A, passed 2-20-18)