Chapter 17.10
STANDARDS OF DESIGN
Sections:
17.10.020 Improvement standards.
17.10.040 Private streets and utilities.
17.10.050 Street improvements/lot schedules.
17.10.100 Curb and gutter waiver requirements.
17.10.120 Bicycle paths and trails.
17.10.160 Lots divided by boundary line.
17.10.180 Property exclusions.
17.10.200 Public utility service installations.
17.10.210 Domestic water supply.
17.10.230 Solid waste disposal.
17.10.260 Traffic control devices.
17.10.280 Flood control facilities.
17.10.300 Monuments and lot stakes.
17.10.310 Additional public improvements.
17.10.320 Acceptance of public improvements.
17.10.330 Completion and certification of subdivision improvements.
17.10.340 Warranty of subdivision improvements.
17.10.010 Conformance.
A. Generally. All subdivisions shall conform to the following standards of subdivision design, except in those cases where the planning commission determines that:
1. There are special circumstances, conditions or hardships, not caused by the subdivider, affecting such property;
2. A modification is necessary for the preservation and enjoyment of a substantial property right;
3. The granting of a modification will not be detrimental to the public welfare or injurious to other property in the vicinity;
B. Granting of Modification. No granting of a modification shall be authorized unless the planning commission specifically finds that the situation or condition for which the modification is sought is not so typical or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.
Recognized standards for subdivision design are contained in this title. Such design guidelines shall be adhered to by the subdivider, unless otherwise approved by the planning commission as noted above.
C. General Plan. All subdivision plans shall conform to the plan, policy, goal or requirement of any plan adopted by the town as a general plan, land use plan, or element thereof, and to all other requirements established by law, this title or ordinance.
D. Zoning Ordinance. All subdivision plans shall conform to the requirements of TTC Title 18 as adopted and as may be subsequently amended, and to the requirements of the zoning district(s) in which the subdivision is to be located. [Ord. 109 § 1, 2-1, 2007.]
17.10.020 Improvement standards.
A. Improvements installed in subdivisions shall be constructed in full conformance to this title and to the subdivision construction standards and specifications of the town of Taylor, except as noted in subsections (B) and (C) of this section. Changes, modifications or revisions of the construction standards shall cause the subdivision improvement standards to change accordingly.
B. In the absence of a standard for an improvement, the director of public works may establish a standard in keeping with good construction and engineering practice.
C. Appeals and modifications to these improvement standards may be approved by the planning commission, after consultation with town staff. [Ord. 109 § 1, 2-2, 2007.]
17.10.030 Street design.
A. General.
1. Alignment to Existing Streets. The street system in the proposed subdivision shall relate in alignment to the existing streets in the area adjoining the subdivision.
2. Street Names. Streets shown on the final plat shall be named as approved by the planning commission, and shall be named to reflect existing street alignments, avoid conflict with existing street names, to avoid confusion by those involved with emergency response such as police, fire and ambulance services, and to assist in the addressing of individual lots in accordance with town policies and guidelines.
3. Consideration to Future Subdivision/Development. The proposed street plan shall give consideration to the future subdivision of adjoining unsubdivided property and/or development of undeveloped property.
4. Serve Proposed Use of Abutting Land. All streets shall be designed to serve the proposed use of the land abutting them.
5. Improvements. If a subdivision abuts or borders on a street, the subdivider shall be required to improve the abutting/bordering street(s) in accordance with the requirements of the public works director, which at a minimum shall be half-street improvements.
6. Street Design Standards. Examples of appropriate street design standards are noted as an appendix to this title. Such design guidelines shall be adhered to by the subdivider, unless otherwise approved by the planning commission as noted in TTC 17.10.010(A).
7. Access along Major Highways and Arterial Roadways. Along major highways and arterial roadways, access to private property within a subdivision shall be provided by means of one or more of the following:
a. Frontage road;
b. Street separated from the major highway or arterial roadway by a tier of lots; or
c. Cul-de-sac streets entered from a street other than the major highway or arterial roadway.
8. Design Provisions. Design of streets shall make provision for railroads, parkways, expressways, grade separations, flood control channels, drainage facilities, irrigation facilities and hillside property.
9. Driveway Provisions. Designs of streets shall provide general driveway locations. In no instance shall driveways be closer than three feet from a side property line nor within a corner visibility triangle.
10. ADOT Approval. All driveways and streets fronting a state-maintained highway shall be approved by the Arizona Department of Transportation.
Required permits shall be obtained by the developer. [Ord. 109 § 1, 2-3, 2007.]
17.10.040 Private streets and utilities.
Private streets may be platted with the concurrence of the planning commission under the following conditions:
A. Satisfactory Easements. That easements satisfactory for meeting established minimum standards of design and construction are provided;
B. Maintenance. That provision, satisfactory to the public works director, is made for the permanent maintenance of streets;
C. Access. That adequate provision is made for access of emergency vehicles, utility vehicles and vehicles providing services such as garbage and trash pickup;
D. Declaration of Responsibility. That clear statements be contained on the approved preliminary and final plat, in deed restrictions, and in homeowner’s association bylaws, as to which streets are declared private and that such private streets shall remain the permanent responsibility of the homeowner’s association or developer, and shall be so posted;
E. Improvements. That the private streets shall be at a minimum 36 feet wide and shall have a dust palliative applied. All cul-de-sacs shall have a 50-foot-radius circle at the end;
F. Addresses will be established as per town regulations. All streets will be marked with red street signs and entrances shall be signed as private streets.
G. Public Health and Welfare Maintained. That the health, safety and welfare of the public will not be impaired thereby.
H. Utilities. A schedule of utility sizing and responsibility of utility maintenance will be provided. [Ord. 109 § 1, 2-4, 2007.]
17.10.050 Street improvements/lot schedules.
In general, the classification of a street shall be as defined in this title, as designated in the Taylor general plan, or as designated by the town council. The minimum right-of-way widths and improvements for streets shall be based generally on the proposed minimum lot sizes as follows. Such lot size designation shall be based on the minimum size of any lot proposed for development (may not include parcels or tracts if not intended for use). Such lots shall only be subsequently subdivided or split in accordance with TTC Title 18 and this title. Examples of street design cross-sections are provided for in Appendix A of this title. However, upon a finding by the planning commission that such condition(s) exists or may exist as a result of this or other expected development, greater or lesser right-of-way widths and improvements may be required by the planning commission.
A. Schedule A – Lots Less Than One Acre in Size. The minimum improvements for streets in a subdivision where the lots are less than one-acre in size are hereby established as Schedule A, and shall be as follows when included in the proposed subdivision design and approved by the planning commission:
1. Arterial street: 100 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (each side); 64 feet of asphalt pavement between the face of curbs (four 12-foot lanes, one 16-foot left turn lane); concrete curbs (vertical) and gutters; five-foot concrete sidewalk adjacent to curbs.
2. Collector street: 80 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (each side); 48 feet of asphalt pavement between the face of curbs (four 12-foot lanes); concrete curbs (vertical or rolled) and gutters; five-foot concrete sidewalk adjacent to curbs.
3. Local (residential) streets: 50 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (each side); 36 feet of asphalt pavement between the face of the curbs (two 11-foot lanes, two eight-foot lanes); concrete curb (vertical or rolled) and gutters; five-foot concrete sidewalk adjacent to curbs.
4. Frontage or cul-de-sac street: 50 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (one side only for frontage streets); 28 feet of asphalt pavement between curbs (two 14-foot lanes) and restricted parking, or with 36 feet of asphalt pavement between curbs, (two 12-foot lanes, one eight-foot lane); concrete curbs and gutters with two feet separation from highway right-of-way; five-foot concrete sidewalk adjacent to curbs (only on one side for a frontage street). A 50-foot-radius turning area will be provided for cul-de-sacs.
5. Private streets: 36 feet in width with dust palliative.
6. Street name signs and traffic-control signs.
7. Barricade(s) at the end of any dead-end street may be required.
B. Schedule B – Lots One Acre or More, but Less Than Two and One-Half Acres in Size. The minimum improvements for streets in a subdivision where the lots are one acre or more, but less than two and one half acres in size, are hereby established as Schedule B, and shall be as follows when included in the proposed subdivision design and approved by the planning commission:
1. Arterial street: 100 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (each side); 64 feet of asphalt pavement between the face of curbs (four 12-foot lanes, one 16-foot left turn lane); concrete curbs (vertical, rolled or retainer) and gutters; five-foot concrete sidewalk adjacent to curbs.
2. Collector street: residential area with 60 or 80 feet of right-of-way as approved by the public works director and the commission, based on the overall number of lots and proposed use(s), plus an adjacent eight-foot-wide public utility easement (each side); 36 feet to 48 feet of asphalt pavement between the face of curbs; concrete retainer curbs, plus five-foot-wide shoulders.
3. Local (residential) streets: 50 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (each side); 26 feet of asphalt pavement, plus five-foot-wide shoulders; concrete retainer curbs.
4. Frontage or cul-de-sac street: 50 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (one side only for frontage streets); 26 feet of asphalt pavement between the face of curb; concrete retainer curb; five-foot-wide shoulders; two feet separation from major highway right-of-way. A 50-foot-radius turning area will be required for cul-de-sacs.
5. Private streets: 36 feet in width with dust palliative.
6. Street name signs and traffic-control signs.
7. Barricade(s) at the end of any dead-end street may be required.
C. Schedule C – Lots More Than Two and One-Half Acres in Size. The minimum improvements for streets in a subdivision where the lots are more than two and one-half acres in size are hereby established as Schedule C, and shall be as follows when included in the proposed subdivision design and approved by the planning commission:
1. Arterial street: 100 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (each side); 64 feet of asphalt pavement between the face of curbs (four 12-foot lanes, one 16-foot left turn lane); concrete curbs (vertical, rolled or retainer) and gutters; five-foot concrete sidewalk adjacent to curbs.
2. Collector street: 60 feet, plus an adjacent eight-foot-wide public utility easement (each side); 26 feet of asphalt pavement between the face of curbs; concrete retainer curbs; plus five-foot-wide shoulders.
3. Local (residential) streets: 50 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (each side); 26 feet of asphalt pavement; concrete retainer curbs plus five-foot-wide shoulders.
4. Frontage or cul-de-sac street: 50 feet of right-of-way, plus an adjacent eight-foot-wide public utility easement (one side only for frontage streets); 26 feet of asphalt pavement; concrete retainer curbs; five-foot-wide shoulders; two feet separation from major highway right-of-way. A 50-foot-radius turning area will be provided for cul-de-sacs.
5. Private streets: 36 feet in width with dust palliative.
6. Street name signs and traffic-control signs.
7. Barricade(s) at the end of any dead-end street may be required. [Ord. 109 § 1, 2-5, 2007.]
17.10.060 Street grades.
A. Maximum. Street grades between six percent and 10 percent will be approved only for such distances as topographical conditions make lesser grades impractical. A grade exceeding 10 percent will be approved only when conclusive evidence shows that a lesser grade is impractical.
B. Minimum. The minimum street grade should not be less than two-tenths of one percent.
C. Flat Grades. Flat grades may be considered when adjacent lots or blocks are designed for retention or detention of ponding storm water.
D. Approval Required. All grades shall be approved by the public works director. [Ord. 109 § 1, 2-6, 2007.]
17.10.070 Street alignment.
A. Curves. Curves in residential streets in comparatively level locations shall have a preferred center line radius of 300 feet, a minimum center line radius of 200 feet and in steep hillside locations a minimum radius of 150 feet. All other streets and highways shall have a minimum center line radius of 1,000 feet.
B. Jogs. Street jogs of less than 150 feet shall not be permitted. [Ord. 109 § 1, 2-7, 2007.]
17.10.080 Intersections.
A. Connections. All street connections shall be at approximate right angles.
B. Corners. Street corners shall provide for a minimum 25-foot curb radius with the property line corner radii designed so as not to reduce the widths of the roadside strips. [Ord. 109 § 1, 2-8, 2007.]
17.10.090 Alleys.
Alleys are not required by this title. However, a subdivider may provide alleys subject to the following provisions:
A. Location. Alleys may be provided for in the subdivision design at the rear of back-to-back lots.
B. Width. Alleys shall have a minimum right-of-way width of 20 feet.
C. Improvements. Alleys shall be covered with a dust-free surfacing as required by the public works director.
D. Intersections. Alley intersections shall have corner cut-backs of not less than 10 feet.
E. Cul-de-Sacs. Cul-de-sac alleys shall have a turn-around of at least 45 feet in radius. Dead-end alleys are not permitted.
F. Paved Service Areas. Paved service areas may be substituted for alleys at the rear of lots intended for retail business. Service areas used for refuse collection shall be adequately concealed. [Ord. 109 § 1, 2-9, 2007.]
17.10.100 Curb and gutter waiver requirements.
The requirement for curbs and gutters within a proposed subdivision may be waived, subject to approval by the planning commission, when the subdivision meets the following criteria:
A. Grade. The subdivision road grade shall not be more than three percent.
B. Flood Water. The design of the subdivision will preclude the flow of flood water onto the roadways.
C. Pavement Border. A pavement border, or such treatment as may be approved by the public works director, is provided.
In the event that the requirement for pavement, curbs, gutters and/or sidewalk is waived by the planning commission, streets and street edges shall be installed and improved to a width and of a material as approved by the public works director. [Ord. 109 § 1, 2-10, 2007.]
17.10.110 Pedestrian ways.
Paved pedestrian ways six feet wide shall be provided approximately midway across blocks over 1,200 feet in length or where deemed by the planning commission to be necessary for public safety and convenience. [Ord. 109 § 1, 2-11, 2007.]
17.10.120 Bicycle paths and trails.
Where deemed necessary, additional right-of-way and/or paving width may be required for placement of bicycle paths or trails within the right-of-way or adjacent to a street. [Ord. 109 § 1, 2-12, 2007.]
17.10.130 Easements.
A. Where deemed necessary by the town, dedication of easements (public utility, drainage, access, etc.) shall be dedicated.
B. In cases where the planning commission approves street improvements to a width less than that noted in TTC 17.10.050, the town may allow the placement of public utility within the right-of-way dimension indicated for that particular street. [Ord. 109 § 1, 2-13, 2007.]
17.10.140 Blocks.
Blocks shall not be more than 800 feet in length nor less than 400 feet unless deemed necessary for public safety and convenience. [Ord. 109 § 1, 2-14, 2007.]
17.10.150 Cul-de-sacs.
A. Shall be no longer than 500 feet nor less than 300 feet.
B. A 50-foot-radius turnaround shall be provided with 40-foot-radius pavement. [Ord. 109 § 1, 2-15, 2007.]
17.10.160 Lots divided by boundary line.
A. Through Lots. Through lots are not recommended.
B. Prohibited. No lot shall be divided by a city, county, school district or other taxing agency boundary line.
C. Lot Depth-to-Width Ratio. The depth-to-width ratio of the usable area of lots of less than one acre should not be greater than three to one. [Ord. 109 § 1, 2-16, 2007.]
17.10.170 Lots not permitted.
A. “T”- or “L”-shaped lots are not permitted which provide access to a street.
B. Lot frontage shall be as required by TTC Title 18. [Ord. 109 § 1, 2-17, 2007.]
17.10.180 Property exclusions.
A. When Required. Portions of an adjacent property within the ownership of the subdivider shall not be excluded from within the boundaries of a subdivision when needed or required for dedications or improvement of any traffic, drainage or flood control facility, utility or other access use.
B. Size and Shape Conformance. Portions of property within the ownership of the subdivider, but not included within the boundaries of a subdivision, shall be of such size and shape as to conform to the provisions of TTC Title 18 or other regulation or any element of a general plan. [Ord. 109 § 1, 2-18, 2007.]
17.10.190 Permanent access.
A. Cul-de-Sac Subdivisions. A subdivision consisting of one street ending in a cul-de-sac meeting the distance requirements as set forth in this title shall be required to have only one permanent access.
B. Minimum Access. No subdivision (other than as stated in subsection (A) of this section) shall be recorded unless two permanent, public accesses (at least one of which shall be an improved public roadway), or more as deemed necessary by the planning commission, are provided from the subdivision to a town, city, county, state or federally maintained road. “Public access” means a dedication to the town or county or a permanent written easement from the state or federal governments.
C. Dedication – Approval. Streets and roadways dedicated to the town for the purpose of providing access shall be approved by the public works director prior to recording and final approval by the town council. [Ord. 109 § 1, 2-19, 2007.]
17.10.200 Public utility service installations.
A. Utility Line Location. Public utility service lines, including but not limited to water, sewer, electrical, telephone, gas and cable TV facilities, shall be located in accordance with the provisions of the Arizona Corporation Commission Order U-48, at the front of lots or side lines of lots as necessary, in alleys or easements provided for that purpose; unless requested differently by the public utility company. All utilities, except electric service lines with a capacity in excess of 69kV, shall be installed underground.
B. Within Rights-of-Way. All public utility service lines shall be located within the road rights-of-way, provided they are installed underground (except for electric service lines with a capacity in excess of 69 kV) and that all transformers, pedestals, etc., extending above the ground be located behind the right-of-way. Any underground utilities, when installed within the right-of-way and where possible, shall be installed outside of any roadway improvements (paving, curb, gutter, sidewalk), except where crossing any street or road.
C. Extension of Public Utilities. All public utilities (including but not limited to water, sewer, electrical, telephone, gas and cable TV facilities) shall be extended through any proposed development to a point along the boundary of that development so that such service shall be available to adjacent properties for future development. The location of such extension shall be determined by the public works director.
D. Lot Lines. Lot lines shall be so designated that easements will be located in practical locations and will be suitable for the proposed use. [Ord. 109 § 1, 2-20, 2007.]
17.10.210 Domestic water supply.
A. Developers shall be required to extend public water service to and within a proposed subdivision or to provide a water system that will be dedicated to the town.
B. Lots Less than Two and One-Half Acres in Size. Subdivisions having lots of less than two and one-half net acres in area shall be provided with a complete water distribution system which will adequately serve the subdivision and which is acceptable to the town. No private water systems will be permitted.
C. Lots Greater than Two and One-Half Acres in Size. In subdivisions having lots of more than two and one-half acres, the subdivider shall provide a statement as to the availability of a water source and the anticipated costs to the buyer of obtaining such water.
D. All water lines and/or systems shall be engineered, constructed and sized to town standards and requirements and shall be approved by the public works director and/or town engineer. [Ord. 109 § 1, 2-21, 2007.]
17.10.220 Sewage disposal.
A. Connection to Public System. Subdivisions shall be provided with a sanitary sewer connection, acceptable to the town, to each lot when the nearest boundary of the subdivision is within 1,400 feet of a public sanitary sewer system.
B. Unavailability. Whenever a public sanitary sewer system is not available to a subdivision, proper provision shall be made for collection, disposal and treatment of sewage. The requirements of the town and the Arizona Department of Environmental Quality shall apply.
C. All sewer lines and related facilities (such as manholes, clean-outs, lift stations, etc.) shall be engineered, constructed and sized to town standards and requirements and shall be approved by the public works director and/or town engineer. [Ord. 109 § 1, 2-22, 2007.]
17.10.230 Solid waste disposal.
The method of solid waste disposal shall be indicated at the time of preliminary plat submittal. A copy of an agreement to serve from a solid waste disposal service shall be provided to the town council prior to final plat approval. [Ord. 109 § 1, 2-23, 2007.]
17.10.240 Fire protection.
Fire hydrants and a fire distribution system shall be provided in accordance with the recommendations or requirements of the public works and fire departments. [Ord. 109 § 1, 2-24, 2007.]
17.10.250 Street lights.
Street lights are not required. The inclusion of street lights will require the subdivider to provide information concerning their perpetual care and payment of the electric bill. [Ord. 109 § 1, 2-25, 2007.]
17.10.260 Traffic control devices.
Traffic control devices, including but not limited to traffic signals, stop or yield signs and street name signs, shall be provided in accordance with the recommendations or requirements of the public works director. [Ord. 109 § 1, 2-26, 2007.]
17.10.270 Dangerous areas.
Areas which by reason of geological or topographical conditions, unstable surface conditions, ground water or seepage conditions, hazard of flood inundations, erosion or any other condition deemed by the planning commission to be dangerous or to create unsatisfactory living conditions, shall not be subdivided except under restrictions as to the use of all or any part thereof as approved by the planning commission. [Ord. 109 § 1, 2-27, 2007.]
17.10.280 Flood control facilities.
A. Design. The minimum facilities for the control of flood waters crossing, flowing into or falling upon a subdivision shall include flood channels, flood easements and storm drains that are designed to provide adequate protection against a 100-year flood. All flood control facilities shall be approved by the public works director and/or the Navajo County flood control district and shall be in accordance with TTC Title 14 and requirements of the Silver Creek Flood Control District.
B. Streets – Highways. Streets and highways shall not be used as flood channels.
C. All such facilities shall be warranted as required for all improvements in this regulation. The town council may require long-term plans for maintenance of such facilities. [Ord. 109 § 1, 2-28, 2007.]
17.10.290 Protective fence.
A. Protective fence requirements for subdivisions are established as a six-foot-high, chain-link galvanized wire, masonry wall, wood or other acceptable material for fencing along any canal, drain, expressway or other feature deemed by the planning commission to be hazardous to the public.
B. Abutting Specific Lands. All subdivisions abutting forest land, government land, range land or as required by the planning commission shall be fenced.
C. Cattle Guards. Steel and concrete cattle guards shall be placed on all fence lines at all access roads entering the subdivision from an opened or free area, as specified in subsection (B) of this section. [Ord. 109 § 1, 2-29, 2007.]
17.10.300 Monuments and lot stakes.
A. Lot stakes indicating lot number shall be provided as soon as practical and prior to any construction on the lot to aid utility and town personnel in locating the lots.
B. All monuments shall be in place at the conclusion of improvement work and prior to the sale of any lot. All monuments for lots shall consist of a metal stake with a surveyor’s cap. [Ord. 109 § 1, 2-30, 2007.]
17.10.310 Additional public improvements.
In addition to those improvements noted above, the planning commission may require the installation of other improvements, including but not limited to off-site street or roadway improvements, parking areas (on or off street), landscaping, solid waste disposal facilities, dedications, easements or other facilities for which the town of Taylor may ultimately assume the responsibility for maintenance and operation, which may effect an improvement for which the town’s responsibility is established, or which is deemed to be in the public interest. [Ord. 109 § 1, 2-31, 2007.]
17.10.320 Acceptance of public improvements.
Public improvements within a subdivision, including but not limited to streets, shall be accepted for maintenance by the town only when they are constructed, without cost to the town, to meet the minimum town of Taylor construction standards and the minimum standards as set forth in this title. Acceptance of such streets shall be upon request by the subdivider, and shall require formal approval by the town council, upon review and comment by the public works director. Approval or recording of a final plat for a subdivision shall not constitute acceptance or maintenance of the public improvements depicted thereon. As-built drawings shall be provided and certified by a licensed engineer. The developer shall provide a schedule of the value of the public improvements being dedicated to the town. [Ord. 109 § 1, 2-32, 2007.]
17.10.330 Completion and certification of subdivision improvements.
A. Completion. The method for completion of public improvements shall be in accordance with TTC 17.20.080. In general, improvements as required by the planning commission shall be completed and in place, or appropriate financial assurance in the form of a bond, trust, improvement district or some other form as approved by the planning commission shall be provided to ensure completion of the subdivision improvements, prior to recording of the final plat.
B. Certificate. Following the completion of all required public improvements including, but not limited to, lot staking, survey monuments, streets, drainage ways, public water supply, water distribution, sanitary sewer, sewage disposal and solid waste disposal facilities, a certificate shall be executed by a professional engineer registered to practice in the state, certifying that said improvements have been made under his direction in accordance with the provisions of these subdivision regulations and in accordance with the plans of such as approved by the director of public works and all applicable state agencies upon which approval of the final plat was based. The certificate shall be submitted to the planning official. [Ord. 109 § 1, 2-33, 2007.]
17.10.340 Warranty of subdivision improvements.
All improvements shall be warranted for a period of one year (or more when agreed upon by all parties) from the date of town council acceptance of such improvements. Any faults, defects, repairs, replacements, etc., within this one-year timeframe shall be the responsibility of the developer of such improvements. Any such faults, defects, repairs, replacements, etc., are to be completed to the satisfaction of the town and in accordance with town requirements, and shall not be accepted except upon the formal approval of the town council.
In addition to this warranty, the town may elect to require a warranty bond equal to 10 percent of the total cost of the improvements, as determined by the planning commission.
Additionally, in the event that there are a substantial amount of defects, repairs, replacements, etc., that occur within a given project/subdivision during the one-year warranty period, the town may elect to require the developer to correct such faults and to be subject to an additional one-year warranty period from the date that such faults are corrected and accepted by the town council. The determination as to “substantial” shall be made by the public works director, with an appeal only to the town council.
In the event that the developer does not make any necessary corrections to any faults within the one-year warranty period, the town may elect, in the interest of the health, safety and/or welfare of its residents, to make such corrections as are deemed necessary. The developer shall be required to pay for any costs incurred by the town in correcting any faults (plus applicable collection and attorney costs, plus interest), or the town may use methods to ensure recovery of these expenditures, including, but not limited to, property liens, withholding of permits, retention/collection of financial assurance, etc. [Ord. 109 § 1, 2-34, 2007.]