(A) Final acceptance of all infrastructure improvements is the responsibility of the Town Council. Before the Town Council accepts any infrastructure improvements, a maintenance bond shall have been approved by the Town Council, in conformance with the provisions under this subchapter.
(B) Improvements such as common water supply plant and appurtenances, and detention and retention ponds, are not accepted by the town and thus never become the obligations of the town to maintain. Also, stormwater drainage systems, except for those which lie in a designated public right-of-way or easement to the benefit of town, shall not be accepted by the town, nor become the obligations of the town to maintain; provided, however, the developer shall include in his or her covenants proper provisions that allow each property owner to be assessed a pro rata share for any maintenance expense incurred by the town, or another public body, to maintain all stormwater drainage systems and appurtenances including but not limited to retention areas, swales, detention and/or retention ponds, and the like. A covenant restriction acceptable to the developer and the town imposing the above obligations upon the owners of the property to maintain the drainage systems shall be determined by the Plan Commission. The town shall have the right to maintain and assess the maintenance expenses to the owners when necessary maintenance is not performed in a timely manner. In order to undertake future maintenance, if necessary by the town, the developer shall provide access easements for that purpose. The location and dimension of these easements shall be designated on the plat in the same manner as utility easements.
(C) When the subdivider has completed construction of the improvements, the subdivider shall notify the Administrator by letter (in four copies) of this fact, and formally request a final inspection by the town inspecting officials. In this letter, the subdivider shall briefly describe all the improvements and shall enclose four copies of the subdivision plan which shows these improvements. No later than 21 days after receipt of this letter by the Administrator, weather conditions permitting, the town inspecting officials shall make their inspections.
(D) Before acceptance of any infrastructure improvements, the Administrator and the Town Engineering Consultant shall inspect these improvements as described above and submit a report to the Town Council on the condition of the improvements and a recommendation for action thereon.
(E) No later than 21 days after the final inspection of the infrastructure improvements, the subdivider shall be notified by the Administrator in writing of the results of the inspection.
(F) The town inspecting officials shall, no later than six weeks before the expiration date of the maintenance bond, inspect the subdivision streets and improvements to ascertain their conditions. The subdivider shall be notified by letter, no later than five weeks before the same expiration date, as to the results of the inspection. In the event that there are conditions concerning the improvements which the town inspecting officials find unsatisfactory, the subdivider shall be provided the opportunity to correct them.
(G) No later than 14 days prior to the expiration date of the maintenance bond, the Administrator shall relate by letter to the Town Council, the Town Attorney, and the subdivider, the condition the town inspecting officials find the streets and improvements in and, consequently, their recommendations regarding the release of the maintenance bond.
(H) Before the final inspection is requested, the subdivider shall cause all utility improvements to be installed, including but not limited to all water, sewage, telephone, gas, and electric utilities.
(Ord. 27, § 4.30.10, passed 4-16-1997; Am. Ord. 27A, passed 7-23-2013)