§ 28-6. Unimproved street policy.

(a)

A request for closing, acquiring or otherwise utilizing a municipal street right-of-way shall be submitted in writing, together with a processing fee of $100.00 to the town administrator. The administrator shall transfer the request to the planning commission for study and recommendation to town council for final action on the request.

(b)

The planning commission shall, at its next scheduled meeting following receipt of the request from the town administrator, consider the request in light of the following:

(1)

The possible need to retain the right-of-way and open the street at some future point in time to improve traffic circulation and/or provide public access to adjacent properties;

(2)

The benefits derived from retaining the right-of-way as open space, and/or to help buffer between incompatible land uses and/or zoning districts; and/or

(3)

The cost to open, improve and maintain the right-of-way as a public street.

(c)

Following study and deliberation of the request, the planning commission shall submit a report and recommended response to town council.

(d)

If the request is to transfer ownership of said right-of-way, the town council shall, upon receipt of report and recommendation from the planning commission, schedule a public hearing on the request. Following the hearing, if required, council shall deliberate the request and take final action. If the action taken is to transfer the right-of-way out of the street system, it shall be done so at fair market value.

(e)

Fair market value shall be determined by a certified appraiser selected by town council and paid for by the applicant. Also, any fees associated with the closing of the street shall be born by the applicant.

(Ord. No. 06-21, 10-3-2007; Ord. No. 07-07, 3-20-2007)