§ 151.03 CONDITIONS OF ANNEXATION AND DEVELOPMENT.
   Unincorporated territory may be annexed to the town and shall be developed under the following terms and conditions unless a majority of the members of the Board of Trustees of the town for compelling community interests, decide and determine by appropriate resolution that any one or more of such terms and conditions should be waived or dispensed with.
   (A)   Land dedication for public use. The owner shall, in addition to the dedication of land for street right-of-way, dedicate for other public use not less than 10% of the net land being proposed for annexation, or at the option of the town, the cash value of 10% of said land. The location of said land shall be mutually agreed upon by both the Town Board of Trustees and the annexor prior to approval of the annexation. NET LAND shall be defined as the gross amount of land less any street right-of-way required by the town that would be in excess of that normally required for a residential collector street of 60 feet in total width. This land dedication shall be satisfied at the time of annexation by the applicant by delivery of a warranty deed for the tract of land proposed to be dedicated, an escrow deed for a tract of land of comparable value which shall be traded at the time of the final planning, a certified check or in such manner as determined by the Board of Trustees.
   (B)   Dedication and acquisition of water rights. With respect to water and water rights, the annexor or developer shall comply with and fulfill the terms and conditions that may then be in existence and contained in and forming a part of the town subdivision policies and standards as then adopted by the Board of Trustees by ordinance or resolution and from time to time amended by the Board of Trustees, or such other additional terms and conditions as the Board of Trustees may impose upon the area proposed to be annexed.
   (C)   Water tap fees. Water tap fees shall be assessed on the basis of a schedule of fees, adopted by ordinance, and from time to time amended by the Board of Trustees. This ordinance may be obtained from the Town Clerk.
   (D)   Sewer tap fees. Sewer tap fees shall be assessed on the basis of a schedule of fees, adopted by ordinance, and from time to time amended by the Board of Trustees. This ordinance may be obtained from the Town Clerk.
   (E)   Street development. It shall be the responsibility of the developer or annexor to dedicate and develop all streets other than those designated on the official thoroughfare plan as arterial streets to the standards contained in the town’s subdivision policies and standards.
   (F)   Arterial streets. It shall be the responsibility of the developer or annexor to dedicate the necessary arterial street right-of-way. The development of said arterial street shall be the responsibility of the town except, where in the opinion of the Board of Trustees, the arterial is necessary for access to the proposed development and is a newly dedicated street, in which event, the arterial shall be developed at the expense of the developer or annexor. Any right-of-way required by the town in excess of the requirements for a residential collector street of 60 feet in width shall be deemed excess for the purpose of calculating land dedication.
   (G)   Water and sewer lines. The developer shall be required to install, at his or her cost, all water and sewer lines. The developer shall install eight-inch water lines and 12-inch sewer lines, unless otherwise determined by the Board of Trustees. If oversized lines are requested by the town, the town will reimburse the developer for the difference in cost, including labor and materials and all appurtenances between an eight-inch water line and a 12-inch sewer line and the required lines and the appurtenances.
   (H)   Storm drainage. It shall be the responsibility of the developer or annexor to provide for the
control of storm drainage as required by the town’s subdivision policies and standards.
   (I)   Subdivision policies and standards. The developer shall comply with all subdivision policies deemed appropriate by the Board of Trustees which are contained in the town’s subdivision policies and standards.
(Ord. 1979-1, passed 1-9-1979; Ord. 1984-1, passed 8- -1984)