Any owner or owners of real property located within the town which property is platted, but undeveloped, may apply to the town for permission to construct or have constructed streets, alleys, sidewalks, or curbs, and may also apply for the installation of water mains and pipes, sewers (including storm sewers) and related municipal services to the property. In such event, the following requirements shall be met and the following factors and procedure shall apply: (Res. 55-1994, 12-15-1994)
A. Application: The owner, owners, or their agent, shall submit an application to the board which shall state the name or names, addresses and phone numbers of the applicant or applicants. The application shall specify, in detail, and include drawings or diagrams as appropriate, the description of the proposed project, a description of the services or improvements desired by the applicant, a plan for construction, and proposed completion dates or estimates. The board may request the applicant to provide further information or documentation to assist the board in its determinations. The applicant shall be responsible for the costs incurred by the town in processing the application including the reasonable costs incurred by the town through the use of its staff, town engineer, and town attorney, as well as out-of-pocket costs incurred by the town including any required publication of notices. The applicant shall file with his or her application funds in the amount of seven hundred fifty dollars ($750.00) to apply towards the town costs. At the completion of the processing, the town shall refund any funds not used by the town in processing the application and the town shall include with the refund a detailed statement reflecting the costs incurred. The applicant shall pay any costs incurred by the town which exceed the initial application deposit after being given a detailed statement by the town reflecting the costs incurred. (Ord. 227, 2-6-2001)
B. Board Determination: The board shall have absolute discretion, except as set forth herein, as to whether to construct, allow construction, or approve the improvements requested by the applicant. The factors to be considered by the board shall include, but not be limited to, the following:
1. The size of the subject parcel or property in consideration.
2. The size of the applicant's property in relation to the entire size of the parcel or property in consideration.
3. The desires and wishes of the other owners of the subject parcel or property who have not made application.
4. Whether or not in the discretion of the board the subject property warrants development in relation to the density, locale, and characteristics of the surrounding neighborhood.
5. The proposed improvements shall be considered in relation to the town's zoning and master plan objectives.
C. Improvements: Upon approval of the application the board, or its representative, shall establish appropriate specifications for the improvements and assessment of costs:
1. Water And Sewer Improvements:
a. Each applicant and owner, groups of owners, and/or developers, shall cause to be installed water and/or sewer main in the area to be served according to the town's specifications. The board in fixing the size, location and specifications for said improvements, shall not only consider the immediate area to be served but also the use of said improvements in providing service to other areas as development warrants. Upon acceptance of said improvements by the town, all utility mains located within the streets shall be the property of the town and shall be maintained by it. (Res. 55-1994, 12-15-1994)
b. The board acknowledges that if sixty percent (60%) of the frontage of the lots or lands adjacent to or abutting upon any street or alley is included in the applicant's ownership, the town is required to construct the necessary water main and sewer main services and to assess the costs accordingly. (Ord. 197, 4-3-1996)
2. Grading Of Streets And Alleys: Each applicant and owner, group of owners, and/or developers, shall also cause to be graded all streets and alleys having been dedicated to the town, should the town determine the streets and alleys to be opened. The grading and construction shall be in accordance with town regulations and specifications.
3. Curbs And Sidewalks: Each applicant, owner, group of owners, and/or developers shall be required to construct and install curbs and/or sidewalks in accordance with town regulations and specifications if so determined by the board. (Res. 55-1994, 12-15-1994)