The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. The current edition of the American Public Works Association (APWA) manual of standard specifications will also be used by the town council as a guide for construction in the town. (Ord. 04-2017, 4-6-2017)

   A.   Conformance: The minimum area and dimensions of all lots shall conform to the requirements of the zone district in which the lot is located.

   B.   Access: All lots or parcels created by a subdivision shall have direct access with frontage on a dedicated street improved to standards hereinafter required. Private streets shall be permitted only as recommended by the town council. Land designated as public right of way shall be separate and distinct from lots adjoining such right of way and shall not be included in the area of such lots.

   C.   Lot Creation: All subdivisions shall result in the creation of lots that are developable and capable of being built upon. A subdivision shall not create lots and no building permit shall be issued for any lots that would make building or access impractical due to size, shape, steepness of terrain, location of watercourses, problems of sewerage or driveway grades, or other physical conditions, except where such lots are suitable and dedicated for a common open space, private utility or public purpose as determined by the town council.

   D.   Side Lines: The side lines of all lots, so far as possible, shall be at right angles to each street on which the lot faces, or approximately radial to the center of curvatures. Exceptions may be made to this requirement where considerations for solar orientation are involved.

   E.   Corner Lots: Corner lots for residential use shall be planned wider than interior lots in order to permit conformance with the required front setback requirements of both streets.

   F.   Boundary Line: A town boundary line shall not divide a lot. Each such boundary line shall be made on a lot line.

   G.   Lot Numbers: Lot numbers shall begin with the number "1" and shall continue consecutively through the subdivision with no omissions or duplications. No block designations shall be used.

   H.   One Dwelling Permitted: Except as specifically authorized by this title, not more than one dwelling unit shall occupy any one lot.

   I.   Required Area: No area needed to meet the minimum width, yard area, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building for the purpose of installing any kind of structure.

   J.   Cutting Off Portions: No portion of a lot may be cut off from another portion of a lot that has been created through a subdivision action. (Ord. 04-2017, 4-6-2017)

   A.   Hazardous Site Conditions: The design of the development shall avoid or fully mitigate hazardous site conditions (unstable slopes, geologic faults or flood potential, etc.).

   B.   Drainage: Drainage from individual lots shall be coordinated with the general storm drainage pattern for the area and shall avoid conveying to adjacent lots runoff flows higher than historic patterns. Post development flows shall be based on a 10-year twenty four (24) hour design storm if water is to be detained on site and released at a rate not exceeding the historic flow.

   C.   Recreation Facilities: Any recreation facilities should be located central to all residents of the development.

   D.   Access: All lots shall have reasonable access to open space, trails, park land or recreation facilities that are set aside for either development use or use by the general public.

   E.   Trail, Open Space Access: Access to public trails and open space abutting the property shall be provided.

   F.   Utility Extensions: Utility extensions required for future development shall be provided. All utility extensions shall be designed in conformance with the applicable town utility system master plan. Extensions of utility systems that do not have a completed master plan shall be reviewed for size and capacity by a town appointed engineer.

   G.   Maintenance Of Common Facilities: Maintenance of common facilities must be accomplished through either covenants and a homeowners' association, a separate maintenance agreement, or some other perpetual agreement.

   H.   Layout Of Lots: The layout of lots should provide desirable settings for structures by making use of natural contours, maintaining views, affording privacy, and protection from wind, noise and vehicular traffic.

   I.   Development Design: Development design should provide for efficiency in the installation and provision of all public and private utilities and services.

   J.   Water, Sanitation Facilities: Common water and sanitation facilities should be located on separate lots commonly owned by the users.

   K.   Streetlight, Fire Hydrant: One streetlight and one fire hydrant will be provided on each corner. (Ord. 04-2017, 4-6-2017)

   A.   Fire Standpipes: Standpipes complying with IBC shall be required for all commercial and multi-residential buildings, regardless of the number of stories.

   B.   Fire Hydrants: Fire hydrants shall be installed in accordance with town regulations.

   C.   Provisions For Handicapped: Provisions for physically handicapped persons shall be provided in all new buildings as required by the Americans with disabilities act (ADA).

   D.   Construction Debris Removal: Any building construction on sites shall provide debris removal sufficient to facilitate the regular clean up and removal of construction debris from the site. Each site shall be cleaned and all construction debris removed on a weekly basis. Failure to comply with this subsection by allowing debris to accumulate on the premises, may result in the suspension of building permits, fines or such other appropriate penalties as the town council shall direct. (Ord. 04-2017, 4-6-2017)

   A.   Public Works Policy: The town public works policy on streets and roads are made part of this chapter by reference. The design and arrangement and construction of all roads, public and private, shall be in conformance with the road standards, the provisions of this chapter, and any town design guidelines, as adopted.

   B.   Arrangement Of Roads: The arrangement of roads shall provide for the continuation of major roads between adjacent properties when the continuation is necessary for the convenient movement of traffic, emergency or maintenance vehicles, or the efficient provision of utilities.

   C.   Continuous; Alignment: Proposed streets shall be continuous and in alignment with existing planned or platted streets with which they are to connect.

   D.   Emergency Access: Roads shall be designed to provide emergency access and egress for residents, occupants and emergency equipment, providing width, curve radii and strength for emergency and maintenance vehicles used by or available to the town.

   E.   Traffic Study: Where the potential traffic impacts on the existing street systems are considered to be great, or in the case of unique circumstances concerning topography or street layout, or at the request of the town, the subdivider may be required to prepare a detailed engineering traffic study of the road system.

   F.   Intersect Right Angle: Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. "T" intersections rather than "cross" intersections shall be used wherever possible for local streets.

   G.   Terminus From Boundary: Where a road does not extend to the boundary of the development and its continuation is not required, its terminus should be no closer than fifty feet (50') from the boundary.

   H.   Reserve Strips: Strips of land reserved to control or restrict access to perimeter or stubbed roads shall be utilized only where the reserve strip is deeded to and accepted by the town.

   I.   Access: Lawful right of vehicular access must be demonstrated before the town will issue a building permit.

   J.   Curbs, Gutters, Sidewalks: The installation of curbs, gutters and sidewalks shall be constructed according to the APWA standards and as designated in each zoning district, and may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters and sidewalks may be required as conditions of building or use permit approval.

   K.   Dead End Streets: Every permanent dead end street shall comply with the following requirements:

      1.   Not to exceed six hundred fifty feet (650') in total length.

      2.   End at a turnaround area having a radius no less than fifty feet (50') and an asphalt surface.

   L.   Temporary Dead End Streets: Temporary dead end streets, intended as access to future development parcels, shall be a minimum of one lot depth in length (or as determined by the planning and zoning commission) and shall meet all of the other requirements for permanent dead end streets set forth above.

   M.   Obstructions: Driveways, mailboxes, fire hydrants and all other obstructions at such turnaround areas shall be designed in such a way as to provide an area for piling snow. (Ord. 04-2017, 4-6-2017)

A means of perpetual maintenance must be demonstrated to the satisfaction of the planning and zoning commission before a private road may be approved. (Ord. 04-2017, 4-6-2017)

   A.   Existing Streets: Each street that is a continuation of, or an approximate continuation of, any existing dedicated street shall be given the number of such existing street. When any street forms a portion of a proposed street, it shall be surveyed, opened, widened or improved and given the same number.

   B.   Newly Created Streets: The numbers of newly created streets shall not duplicate or nearly duplicate the numbers of any streets in the town or in adjacent areas of the county. (Ord. 04-2017, 4-6-2017)

   A.   Construction: All utility connections and lines shall be installed underground. Before any installations are covered, material and service must be inspected and approved by the building inspector. During the construction period, temporary power poles and lines shall be allowed within the boundaries of the construction project; however, such poles and lines must be taken down within thirty (30) days after the final certificate of occupancy for the project is granted.

   B.   Easements: All utilities shall be placed within public road right of ways or specific right of ways or easements free of legal encumbrances. Multiple use on given easements is encouraged. The final plat shall note all easements. (Ord. 04-2017, 4-6-2017)

   A.   Policy: In order to protect buyers of condominiums, subdivision projects and other property in the town against purchasing property on which the site improvement work is incomplete and may not be completed, and to protect the public at large from dangerous and undesirable conditions that result from unfinished site improvements, such as erosion, flooding and blowing dust, it is the policy of the town that no plat will be approved (when a plat is required) and that no certificate of occupancy will be issued (when plats are not required) on any building project within the town limits unless and until the site improvement work is completed or the developer of the property has provided adequate security to assure timely completion of the improvements when weather permits.

   B.   Detailed Site Plans: A detailed site plan showing the location and nature of drainage work, grade changes, retaining walls and landscaping, together with any trails, paths or walkways, shall be submitted to the building inspector prior to issuance of an occupancy permit. Site improvements shall be completed pursuant to this title and as shown in the detailed site plan.

   C.   Construction According To Approved Plans: No plat will be approved and no certificate of occupancy will be issued unless that project and all required site improvements have been constructed in accordance with the plans approved by the building inspector and on which the building permit is issued, except as specified in section 10-10-10 of this chapter. (Ord. 04-2017, 4-6-2017)

In the event that buildings on the property are completed before other required on site improvements are completed, and the site improvements cannot be completed simultaneously with the completion of the building due to weather or other conditions beyond the control of the developer (excluding financial inability to perform); or as it relates to subdivisions, in order to record a final plat prior to completion of off site improvements, the town may grant final plat approval or issue the certificate of occupancy for all or part of the project prior to the completion of site improvements; provided, that all of the following conditions are met:

   A.   The building or buildings, or portions thereof, on the property to be platted or occupied have been constructed in accordance with the approved plans for those buildings, and are in full compliance with applicable building and fire codes, and are completed to the extent that only exterior site improvement work remains unfinished and the building inspector determines that occupancy of the buildings, or portions thereof, prior to completion of required on and off site improvements, is safe, and that access for emergency vehicles is adequate with the site improvements unfinished.

   B.   In regard to subdivisions, the building inspector approves all final construction plans, a development agreement has been approved by the town attorney and executed by the owner/developer, and the developer posts adequate security for the benefit of the town and the public to ensure completion of the site improvements in full compliance with the approved plans within two (2) years from the date of plat approval (if required) or one year from the date of issuance of the certificate of occupancy, whichever occurs first. (Ord. 04-2017, 4-6-2017)

The amount of the security to be posted by the developer shall be determined by the town council and shall be equal to one hundred percent (100%) of the amount reasonably estimated by a town appointed engineer as being necessary to complete remaining on and off site improvements as shown on the approved plans. In the event that the developer disputes the cost estimate of the town appointed engineer, the developer may prove lower construction cost by providing binding contracts between the developer and contractor or subcontractor appropriate to perform the required work at a stated, fixed price. A full performance bond, insuring performance by the subcontractor or contractor, must support these contracts. Bid proposals are not satisfactory for this purpose. If the contracts submitted are acceptable in form, the amount of security required shall be one hundred percent (100%) of the total contract price of all such contracts submitted, plus the estimated reasonable cost of performing work not covered by the contracts. Specifications in such contracts shall be sufficiently clear to identity the work called for under the contract. The amount of security required for single-family homes shall be the reasonable estimated cost of construction of any retainers and drainage and the estimated cost of landscaping to the extent necessary to hold soil in place. The security amount will also include all costs of expenditures made by the town in connection with the development. (Ord. 04-2017, 4-6-2017)

All public improvements required under this chapter shall be installed by a contractor or subcontractors licensed by the state. Such license is for the work to be performed, and the contractor and subcontractors must provide copies of their licenses. (Ord. 04-2017, 4-6-2017)

Such security arrangement shall be one of the following types as dictated by the town:

   A.   A bond with a surety company licensed to do business in the state.

   B.   An irrevocable letter of credit with a federally insured financial institution.

   C.   A cashier's check made payable only to the town.

   D.   A trust or escrow account with a federally insured financial institution designating the town as beneficiary. (Ord. 04-2017, 4-6-2017)

Any interest accruing on funds held in escrow shall, unless expended for completion of site improvements required, enure to the benefit of the developer and not to the town. The town shall not be required to pay interest to the developer on any escrow for this purpose. (Ord. 04-2017, 4-6-2017)

The town shall relinquish funds held or security posted for the purpose of paying for site improvement work performed according to the plans as that work is completed. The town shall release funds equal to the actual cost of performing the work as the work progresses, minus ten percent (10%). Upon satisfactory completion of all required site improvements work as determined by an engineer designated by the town, all funds shall be immediately released to the developer. (Ord. 04-2017, 4-6-2017)

A developer may request modifications to plans covering site improvement work by submitting revised plans to the town for review and action and final action. If the modification of the plans increases the cost of required site improvements, the developer must provide additional security to cover the increased costs. (Ord. 04-2017, 4-6-2017)

Site improvements applicable to each phase of a phased project or development shall be completed or security for completion provided as each phase is constructed and either platted or occupied. Site improvements or other phases of the project shall be completed or security offered as those phases are completed. (Ord. 04-2017, 4-6-2017)