Alley.
Minor public ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Use of the word “alleys” is defined to include one (1) alley or more than one (1) alley and shall include all alleys in the town.
Contractor.
The individual or company acceptable to the town council to perform public works improvements.
Driveway.
Any surface and appurtenances thereto, located in a public street or alley right-of-way, which is used for the purpose of providing vehicular access to private property.
Engineer.
The duly authorized engineer of the town.
Owner.
The owners of the property on which public works improvements may be installed.
Public works improvements.
A street, alley, sidewalk, driveway, water distribution system, wastewater collection system, storm drainage system or other improvements constructed in public rights-of-way or easements or constructed for the benefit of the public.
Sidewalk.
Any surface constructed on public right-of-way to be used primarily for pedestrian traffic.
Storm drainage system.
Pipes, culverts, chapels [sic], ditches or any other device or appurtenances thereto used to convey stormwater in public right-of-way or to convey stormwater originating on non-owned property across an owner’s land.
Street.
Any public roadway within the town.
Wastewater collection system.
Pipes, pumping equipment or any other devices or appurtenances thereto used to convey domestic or industrial wastewater in public rights-of-way or easements.
Water distribution system.
Pipes or any other devices or appurtenances thereto used to convey potable water or water used for fire protection in public rights-of-way or easements.
(1992 Code, sec. 3.501; 2006 Code, sec. 3.501)
The construction standards for public works improvements established in sections 4.01.001(a) and 4.02.001(a) represent minimum requirements only. To the extent sound engineering principles or practices suggest a higher standard should be followed, then the owner and contractor are required to follow such higher standard. Approval of all engineering and/or construction plans is expressly subject to the owner’s agreement to indemnify, defend and hold harmless the town, its council, officials, representatives, employees and agents from any direct or indirect loss, damage, liability and/or expense (including attorney’s fees and litigation expenses) relating in any manner to the design, testing and/or construction (means, methods and/or materials) of all public works improvements. All public works improvements require the owner to purchase and provide to the town, as an obligee, a maintenance bond meeting the requirements of this section. The maintenance bond must:
(1) 
Specifically incorporate the improvements covered by the bond by reference to the approved plans and specifications for such improvements;
(2) 
Be in a penal amount of not less than 125% of the total contract price for the construction of such improvements;
(3) 
Be issued by a surety which is admitted for the issuance of bonds in the state by the state department of insurance, A.M. Best A-rated and approved for listing by the Department of the Treasury in the Federal Register; and
(4) 
Contain no conditions or limitations not approved by the town manager.
(Ordinance 342 adopted 7/9/01; 2006 Code, sec. 3.502; Ordinance adopting 2021 Code)
It shall be unlawful for any person, firm or corporation to install, or attempt or begin to install, any public works improvements within the area defined in section 4.13.002 hereof not in compliance with the standards and specifications hereby adopted.
(1992 Code, sec. 3.503; 2006 Code, sec. 3.503)
Within thirty (30) days after the council shall receive notice in writing that any public works improvements have been completed, the council shall approve or reject such improvements. If the improvements have not been rejected prior to thirty (30) days from the date of receipt of such notice by the council, the improvements shall be conclusively presumed to have been accepted by the town for permanent upkeep beginning two (2) years from the date of completion thereof. The town is not required or obligated to maintain storm drainage facilities located within easements.
(1992 Code, sec. 3.504; 2006 Code, sec. 3.504)
In the event that any public works improvements are begun or completed in violation of the terms and provisions hereof, or in violation of any requirements of the council lawfully made under the terms hereof, the town may, at its election, after giving notice in writing to the owner thirty (30) days prior thereto, compel the owner to complete the public works improvements in compliance with the terms hereof, or town may cause such improvements to be completed at the owner’s expense, in which event the town may refuse to issue building permits for construction of any improvements on any property abutting any such public works improvements until the same have been completed in compliance with the terms hereof and the expenses incurred by town, if any, have been paid to town.
(1992 Code, sec. 3.505; 2006 Code, sec. 3.505)