The town will execute agreements with property owners to assure each party that the town and the owner will provide the public services or improvements required for development. These agreements will cover subdivision improvements, bulk land variances, annexation and the costs of oversized or off-site improvements.
(A) Subdivision improvements agreements.
(1) After preliminary plat approval, the subdivider cannot obtain final subdivision plat approval until he or she provides for the installation of all public improvements required by the development. Except as otherwise provided in this section, the subdivider shall be responsible for the cost and construction of all wastewater, water or drainage facilities, streets, alleys, sidewalks, curbs, gutters, fire hydrants and related appurtenance in and through his or her property or development.
(2) The subdivider may install the improvements for acceptance by the town before submitting the final plat. He or she also may obtain the final plat approval before completion of the required infrastructure, if he or she enters into a subdivision improvements agreement that provides financial guarantees for the completion of the required infrastructure.
(3) (a) The subdivision improvements agreement shall identify the required infrastructure improvements, which will be contained in construction documents approved by the town. It shall provide for the installation of the improvements to the satisfaction of the town within two years.
(b) The agreement shall require the subdivider to provide a financial guarantee equal to 125% of the estimated cost of constructing the improvements. The guarantee must be irrevocable and may be in the form of a performance bond, letter of credit, cashier’s check, escrow deposit or other pledge of liquid assets. The agreement shall give the town the right to draw upon the financial guarantee to collect sufficient funds if necessary to complete the improvements in accordance with the approved specifications if the subdivider defaults on the agreement.
(B) Bulk land subdivision agreements.
(1) (a) Bulk land subdivisions establish zone and parcel boundaries for planned developments, dedicate rights-of-way, grant easements or convey properties to intermediate land holders who will not be the ultimate land developers or end users.
(b) Bulk land subdivision plats usually do not result in construction until further subdivision or site plans are prepared.
(2) Upon approval of a bulk land subdivision, the subdivider and the town will execute and record an agreement notifying subsequent purchasers that future subdivision or site plans for the property will require the provisions for the installation of infrastructure improvements before development.
(C) Annexation agreements.
(1) The town and owners of land annexed into town shall enter into annexation agreements concerning the provision of required water, sanitary sewer, drainage and other public facilities and services required for the development of the property.
(2) This agreement shall cover the applicant’s acceptance of the town’s land development requirements, the adequacy of existing public facilities to serve the annexed properties and provision for required public improvements.
(D) Cost recovery agreements.
(1) Sewer, water or drainage facilities.
(a) 1. The Administrator may require a subdivider to construct a larger public facility than required for the development of the subdivider’s property in order to serve the meets of adjacent property owners. When this occurs, the town may enter into an agreement with the subdivider to collect from adjacent landowners a pro-rata share of the construction costs and refund such costs to the subdivider at the time of each connection.
2. When the subdivider needs to construct sewer and/or water service facilities through or adjacent to unserviced or undeveloped lands, he or she shall pay the entire costs of such facilities. However, the town may agree to charge a pro-rata assessment to each additional owner who connects to the facility. The town shall collect and refund each assessment to the subdivider at the time of each connection.
(b) When lift stations or force mains are required, the cost of constructing said stations or mains shall be the responsibility of the property initially served. If the pump station and force mains can serve more area or land or if the town requires more capacity than necessary to serve the initial development, the town and the subdivider may enter into a cost recovery agreement that provides for the town to collect a pro-rata share of the construction costs from adjacent owners at the time of their connection and refund such costs to the subdivider.
(c) If lift stations and force mains are required, the system shall be designed, where possible, so as to permit an eventual connection into a gravity system with minimal expense. Where practicable, the subdivider shall grant easements and construct lines to tie into the gravity system. The town may require deposits, when deemed necessary, to pay for the eventual construction of gravity lines.
(2) Streets, alleys, sidewalks, curbs, gutters or fire hydrants. A subdivider shall pay the entire cost of streets, alleys, sidewalks, curbs, gutters or fire hydrants that he or she constructs on, through or adjacent to un-serviced or undeveloped lands. However, the town may agree, in writing, to collect a pro-rata share of the costs from the owner of property served by such facilities at the time of construction and refund such costs to the subdivider. All streets and related improvements are to be constructed to the specifications adopted by the town.
(E) Recovery cost agreement content.
(1) If a subdivider desires to enter into a recovery agreement with the town, he or she shall provide a complete detailed summary of all the construction costs to the Administrator within 90 days after completion of construction.
(2) (a) The subdivider and the Administrator shall jointly determine the service area of the facilities constructed by the owner or developer, and shall jointly determine a per-front-foot, per-lot or per-acre recovery charge for said service area based upon the total construction cost submitted by the subdivider and approved by the Administrator.
(b) If the subdivider and the town disagree on the amount, the determination of the Administrator shall be final for the purpose of review by the Board of Trustees.
(3) The amount of the unit recovery charge (per-front-foot, per-lot or per-acre) shall be the total construction cost approved by the Administrator divided by the number of equal or nearly equal units (front-feet, lots or acres) served by the facilities.
(4) (a) The subdivider’s right to reimbursement under the provisions of the recovery agreement shall not exceed 20 years unless the Board of Trustees approve a longer period. The subdivider’s right to reimbursement is limited to the recovery of his or her total construction cost. Concurrent filing for preliminary and final plans.
(b) 1. For major developments with approved sketch plans, the applicant may file the preliminary and final plans concurrently when authorized by the Administrator.
2. In no case shall an applicant be permitted to file these plans concurrently without a previously approved sketch plan.
3. Applicants making concurrent filings shall be on notice that changes required of the preliminary plans must be made prior to the final plan approval.
(Ord. 2-98, passed 4-22-1998) Penalty, see § 153.999