§ 12-6-4 AGREEMENT BETWEEN TOWN AND DEVELOPER.

   (A)   Drawing of contract. Upon acceptance of final plat, a contract will be drawn between the owner and the town to establish in each individual case the methods of assurance and outlining means of construction improvement and any other matters pertinent to the development of the subdivision. Such contract shall impose no additional requirements not contained in this title.

   (B)   Reimbursement of improvement cost to developer by other property owners. If the agreement required the developer to construct off site improvements and the Council shall find that other properties shall be benefited by such improvements, the agreement shall contain a provision that the town shall not permit the owners of property so benefited to avail themselves of the improvements until they shall have reimbursed the developer on an equitable basis to be determined by the Council, for their pro rata share of the original cost of the improvements; provided, that no such reimbursement shall be required unless the developer shall have furnished the Council a certified statement of the original cost of the improvements within 30 days after completion thereof; and provided further, that the developer’s right to reimbursement shall terminate not later than five years from date of completion of the specific improvement for which reimbursement is sought.

(Prior Code, § 12-6-4)

§ 12-6-5 CERTIFICATES OF OCCUPANCY.

   (A)   Time of issuance. The issuance of certificates of occupancy prior to completion of required improvements is discouraged. Whenever, by reason of the season of the year, any improvements required by the subdivision regulations cannot be performed, the Building Inspector may, nevertheless, issue a certificate of occupancy, provided there is no danger to health, safety, or general welfare. The guarantee assurance shall remain in full force and effect.

   (B)   Extent of street improvement. The extent of street improvement shall be adequate for vehicular access by the prospective occupancy and police and fire equipment, prior to the issuance of an occupancy permit.

(Prior Code, § 12-6-5)

§ 12-6-6 BUILDING PERMITS.

   (A)   Time of issuance. No building permit shall be issued for the final 10% of lots in a subdivision, or if 10% be less than two, for the final two lots of the subdivision, until all public improvements required by the Planning Commission for the plat have been fully completed and dedicated to the local government.

   (B)   Vehicular access. The extent of improvement shall be adequate for vehicular access by the prospective occupancy and by police and fire equipment, prior to the issuance of a building permit.

(Prior Code, § 12-6-6)

§ 12-6-7 MAINTENANCE OF IMPROVEMENTS.

   The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until initial acceptance of the improvements by the Town Council.

(Prior Code, § 12-6-7)

§ 12-6-8 DETERMINATION OF COMPLETION.

   Upon completion of all improvements required in this title, the subdivider’s engineer shall provide written certification to the Town Council that all improvements are completed and in reasonable compliance with the town requirements.

(Prior Code, § 12-6-8)

§ 12-6-9 ACCEPTANCE OF IMPROVEMENTS.

   (A)   Time of acceptance. The town shall not accept the dedication of any improvements until one year after the date that the improvements certified to be complete by the subdivider’s licensed engineer are completed. The town may accept the dedication of all or any portion of the required improvements.

   (B)   Acceptance by resolution. The acceptance of dedicated improvements shall be by official resolution of the Town Council.

(Prior Code, § 12-6-9)