Chapter 13.28
DEVELOPMENT AGREEMENTS FOR WATER, SEWER AND STREET FACILITIES
Sections:
13.28.010 Development agreement required.
13.28.020 Predesign conference.
13.28.010 Development agreement required.
Whenever any developer of commercial, industrial or residential land desires or finds it necessary to construct sanitary sewage facilities, water distribution facilities, storm drainage facilities and streets at his own expense before connection with, delivery to and operation by the town, such developer shall, before securing a building or construction permit, enter into a developer’s agreement with the town. (Ord. 91-7 § 1, 1991).
13.28.020 Predesign conference.
A predesign conference with the mayor or his designee shall be held during which the matters which will be in the development agreement will be discussed. (Ord. 91-7 § 2, 1991).
13.28.030 Contents.
The development agreement entered into shall contain but need not be limited to the following provisions:
A. Prior to commencing construction the developer shall deliver to the town two (or such further number as required by the town) sets of plans and specifications, with an appropriate stamp by a professional engineer, for the proposed sewer system, water system, storm drainage system and streets prior to construction, and the governing standards for such plans and specifications;
B. Inspection requirements;
C. Conveyance of necessary property rights, including but not limited to water lines, sewer lines, drainage systems, roads which are to be used as public roads and any necessary easements;
D. Notice of when construction commences;
E. Control over execution of construction contracts;
F. State and county construction licenses and permits;
G. Testing requirements of systems;
H. Warranty bond for repairs necessary within one year from the date of acceptance arising from faulty labor, workmanship or materials;
I. Indemnity and hold-harmless clause;
J. Provision that the construction improvements be performed by a licensed, insured and bonded contractor;
K. Limitation on assignment of the agreement;
L. Provision for charges, taxes and future assessments applicable to the property;
M. Waiver clause;
N. Certification of the consulting engineer/town engineer as a prerequisite for connection to the town sewer or water lines and acceptance of streets;
O. Submission of a performance bond in an amount satisfactory to the town to ensure completion of the improvements;
P. Agreements regarding easements and servitudes;
Q. Change and correction requirements. (Ord. 91-7 § 3, 1991).
13.28.040 Execution.
The developer’s agreement shall be executed by a developer presently constructing any sanitary sewage facility, waste distribution facility, storm drainage facility or street at his own expense prior to connection with, delivery to or operation by the town. (Ord. 91-7 § 4, 1991).
13.28.050 Fees.
The following fees shall be paid by the developer:
A. A plan review fee in the amount which the consulting engineer/town engineer is paid for his services.
B. An inspection fee at the rate of $40.00 per hour.
C. A construction review fee in the amount which the consulting engineer/town engineer is paid for checking the progress, compliance and completion of the improvements to required standards.
D. Reimbursement to the town for other actual costs incurred in testing and verification that the improvements meet required standards. (Ord. 91-7 § 5, 1991).
13.28.060 Exclusions.
A development agreement shall not be required for extension of utilities for two or less single-family residences by a single individual. (Ord. 91-7 § 6, 1991).