This Article is intended to provide for the dedication of property, easements and/or rights-of-way to the Town for the purpose of providing safe and appropriate land usage for public utilities and facilities in conformance with the Comprehensive Plan.

(Ord. 19-96 §9.01; Ord. 02-02)

The applicant shall dedicate utility easements necessary to serve the property, and the Town shall not provide service until such time as adequate easements for the same are granted.

(Ord. 19-96 §9.02)

(a)

The developer shall be responsible for bringing all public streets and roadways which lie wholly or substantially within a development, or are adjacent to a development, into compliance with the street and road standards set forth in Chapter 17, Article III of this Code. This shall include the installation of street paving, drainage improvements, street lighting, signalization and street signs to Town standards, as well as the installation of curbs, gutters, sidewalks, pedestrian and bicycle paths and all other required improvements as outlined in Chapter 17. In addition, where a project is proposed adjacent to a road that does not meet Town standards with regard to right-of-way widths, it shall be the developer's responsibility to dedicate all additional necessary right-of-way.

(b)

In those instances where the development lies adjacent to the public street or roadway, on only one (1) side, it shall be the developer's responsibility to improve only one-half (½) of the width of the roadway for the length of the development. Improvements related to the other half of the roadway shall be the responsibility of the property owners abutting the other side of the roadway.

(c)

In those instances where the development of a property adds to the needs for a traffic control signal, it shall be the developer's responsibility to contribute toward the installation of the signal on a pro rata basis in relationship to the impacts generated by the development.

(d)

In those instances where a developer is installing new public facilities, including utility lines or street improvements, the developer shall contract with the Town to inspect the public improvements and pay for all costs associated with the Town's inspection.

(Ord. 19-96 §9.03; Ord. 09-21 §8)

(a)

At the Town's sole discretion, as determined by the Town Manager, the developer may be allowed to post a monetary guarantee, in lieu of installing the improvements, for all or a portion of the public improvements required for development of the project. This guarantee shall be in a form acceptable to the Town and shall be an amount equal to the estimated construction costs, plus ten percent (10%). This option shall be allowed only in those instances where the Town determines that the improvements should be installed as part of a larger project, rather than individually, or in those instances where the improvements cannot be installed due to weather-related problems.

(b)

All guarantees must be placed with the Town prior to occupancy of any portion of the project.

(Ord. 19-96 §9.04)

All costs associated with a development, and the installation of all public improvements related to that development, shall be the responsibility of the developer. This includes the installation of all utilities and other public improvements as required by all Town codes.

(Ord. 19-96 §9.05)