§ 98.24  CURB AND GUTTER REQUIRED PRIOR TO STREET IMPROVEMENT; EXCEPTION.
   (A)   No unsurfaced street shall be surfaced and no surfaced street shall be resurfaced in accordance with this subchapter until the street has been properly curbed and guttered in accordance with this subchapter and in a manner satisfactory to the Board of Commissioners or Mayor, as the case may be, nor until water and sewer mains and laterals have been installed in accordance with applicable provisions of this code and state law, except as authorized by the Board of Commissioners.
   (B)   If any citizens wish to have a street or streets surfaced without curb and gutters and 100% of the abutting property owners so petition and further, if the total cost, including engineering, sub-base, grading, paving and all associated costs, are paid for entirely by the abutting property owners in case, deposited in advance with the Town Clerk, the town will cause this paving to be accomplished but will not participate financially in the project.
(1988 Code, § 98.24)