(A) General. It is the desire of the Town Council to establish policies regarding the construction and/or replacement of public works in the town, including streets, curbs, alleys, walks, street lights, storm sewers, sanitary sewers and water lines. It is the purpose of this section to set forth these policies.
(B) Cost. It is the basic position of the town that public works facilities and improvements, hereinafter defined as streets, curbs, alleys, walks, street lights, storm sewers, sanitary sewers and water lines, shall be constructed for the convenience and benefit of the properties that the public works facilities serve. Furthermore, the cost of constructing the public works facilities shall be the primary responsibility of those properties receiving the benefit from such facilities. It is not the policy of the town to provide these public works facilities for any property or at any location at no cost to the properties receiving the benefit from the facilities.
(C) Policy for the construction of new public works facilities.
(1) Streets, curbs and alleys. It is expected that each property and/or property developer receiving the service and use of streets, curbs and alleys shall pay on a pro rata share cost basis for the initial improvement or construction of these public works facilities. Once constructed and accepted by the town, the town shall be responsible for routine and periodic maintenance. The town will use, wherever possible, motor vehicle highway, local roads and streets or other funds or taxes for the maintenance and, when appropriate, reconstruction of improved streets, curbs and alleys.
(2) Walks.
(a) The construction of sidewalks shall be the responsibility of the abutting property owner.
(b) Furthermore, all property owners must be responsible for maintenance of the walks.
(3) Street lights. The town will provide street lighting as funds permit in a standard street lighting form. These shall be single alley or street lights installed on the town’s standard poles with overhead wiring. If any property owner or owners should desire to have ornamental lighting in lieu of the standard lighting, they shall then be required to pay the increased cost.
(4) Storm sewers.
(a) Storm sewers shall be designed and constructed to serve the watershed area.
(b) The cost of storm sewers shall be prorated over the benefitted property owners.
(c) The town shall, whenever possible, use existing funds or seek federal and state funding sources to assist in cost sharing for storm sewers.
(5) Sanitary sewers. Sanitary sewers will be available to be extended for the benefit to serve additional properties. The cost shall be prorated to the property owners in a manner consistent with the Barrett Law, being I.C. 26-9-36, or other assessment procedures provided by state statute to the town. The town will also seek federal and state funding where possible to assist in these costs.
(6) Water lines.
(a) Water lines will be available to be extended and constructed in accordance with the main extension policy of the town’s Water Utility.
(b) The cost shall be prorated to the property owners in a manner consistent with the Barrett Law or other assessment procedures provided by state statute to the town.
(c) The town will also seek federal and state funding sewers where possible to assist in these costs.
(D) Procedure.
(1) Whenever a property owner or owners should desire the construction of public improvements, they shall first petition the town. This petition shall clearly state the type of public improvements desired, their location and shall be signed by the property owners or individuals making such a request.
(2) Upon receiving the petition, the town will review existing facilities in the area, have prepared a preliminary cost estimate for the public facilities requested and make a determination of available funds to assist in the cost sharing of these public improvements. Upon completion of this determination, the town shall then inform the petitioner(s) and other affected property owners who will be expected to cost share in the project of the proposed project and its intended cost. The people affected will then have the right to vote on whether or not they wish to proceeds with the project. If the majority (51%) of the property owners wish to proceed, the town will then follow the applicable state statutes for construction of public improvements and complete the project accordingly.
(Prior Code, § 33.02) (Ord. 3-88, passed 2-24-1988; Ord. 4-1988, passed 3-1-1988)