(A) In the event the Town Council approves the recommendation and allows the relocation as requested by the petitioner or allows the development and improvement as requested by the petitioner, then a specific permit will be prepared and issued by the Clerk-Treasurer of the town and placed in the records of Steuben or DeKalb counties, as the case may be.
(B) In the event of an approval by the Town Council, the petitioner shall be required to furnish an “as-built” certification in the form and style acceptable to the town, certified by a registered land surveyor licensed in the state establishing that the improvements were made as proposed. The petitioner shall also be required to submit a two-year maintenance bond in an amount set by the Town Council, which shall be submitted prior to the acceptance of the improvements by the Town Council. The petitioner shall also be required to submit a certificate of dedication in the form and manner acceptable to the Town Council, from all persons or entities owning the real estate within the street right-of-way dedicating it to the public.
(C) The decision of the Town Council, whether in favor of the petitioner or against the petitioner, shall be final. The petitioner or any affected property owner may appeal the decision by filing a lawsuit in either the Circuit or Superior Court of DeKalb or Steuben counties within 30 days after the date of the final action by the Town Council.
(Ord. 98-11, passed 12-7-98)