(A) All dedicated and designated rights-of-way for any particular development shall conform to the minimum dimensions identified within the Thoroughfare Plan.
(B) If determined to be necessary by the Town Manager, all dedicated and designated rights-of-way shall include minimal additional right-of-way along arterial and collector classified roadways as necessary to accommodate turn pockets and/or passing blisters.
(C) If the property owner only controls the property on one side of the transportation facility, then satisfactory right-of-way shall be dedicated in order to bring the applicable half of the right-of-way up to the dimensions required in the Thoroughfare Plan. The Town Manager shall determine the satisfactory right-of-way necessary, accounting for overall right-of-way limitations and constraints, such as, but not limited to, the impact on adjacent historic resources.
(D) When right-of-way is required to be dedicated, it shall be conveyed by warranty deed or another form of conveyance. If requested by the Town Manager or designee, all warranty deeds and other documents of conveyance or dedication of right-of-way must be accompanied by a title report effective as of the date of conveyance shown on the deed or other document of conveyance. The description on the deed or other document of conveyance must match the legal description on the title report. The warranty deed or other document of conveyance may be accepted on behalf of the town by the Town Manager.
(E) The town shall only accept rights-of-way which have clear title.
(F) Required right-of-way must be conveyed to and accepted by the town prior to issuance of any building permit. If the right-of-way dedication is in conjunction with a subdivision, the dedication process required as part of the final plat process shall be followed.
(G) When necessary, the town may begin eminent domain proceedings in accordance with I.C. 32-24, as amended. Upon completion of the eminent domain proceedings, the property owner shall reimburse the town in an amount equal to the price paid by the town for the public right-of-way and associated professional and legal expenses, anything that had to be condemned within the acquired right-of-way, and anything for which the town paid the price of relocation.
(Ord. 2018-2A, passed 2-20-18)