A.
Statement of intent. It is the intent of the Village to insure quality
in land development and to insure that each development pays its share
of the cost of public facilities and services. The Village will encourage
the use of planned developments employing innovative techniques for
the design of functional and aesthetic neighborhoods and which maximize
open space and preserve the natural environment.
B.
Monuments. The subdivision shall be monumented (boundaries marked
by iron pipes) in accordance with the requirements of § 236.15
Wis. Stats. If the topography is such that grading is required, or
when requested by the Village Engineer, the subdivider shall place
the monuments after the grading is completed. The subdivider shall
execute a surety acceptable to the Village, in an amount required
by the Village Engineer, to insure that the monuments will be placed
within the required time.
C.
Improvements.
(1)
Building permit issuance. Prior to the issuance of any building permits
in a subdivision or a land division located within the corporate limits
of the Village, the subdivider shall have completed the installation
of all required street and utility improvements as hereinafter provided.
A building permit may be issued prior to the completion of required
improvements if the following conditions are met:
(a)
Direct access to the lot may be obtained from other improved
streets not under construction;
(b)
The Village has received approval for required sewer and water
main extensions from the Wisconsin Department of Natural Resources;
(c)
The subdivider has executed an agreement with the Village for
the installation of the required improvements;
(d)
All required deposits and fees have been paid by the subdivider;
(e)
The Village or the subdivider has awarded a contract for the
installation of improvements;
(f)
The subdivider has executed a waiver of notice and protest of
special assessments.
(2)
Public water supply. Water mains and appurtenances shall be installed
in accordance with plans and specifications prepared by the Village
Engineer so as to provide service to each lot within the subdivision
or land division. The subdivider shall assume the cost of installing
all water mains up to eight inches in diameter.
(3)
Sewage collection system. Sanitary sewer mains and appurtenances
shall be installed in accordance with plans and specifications prepared
by the Village Engineer so as to provide service to each lot within
the subdivision or land division. The subdivider shall assume the
cost of installing all sanitary sewers up to 10 inches in diameter.
(5)
Sidewalks. On streets so designated by the Streets Committee and
the Plan Commission, sidewalks shall be installed in accordance with
plans and specifications prepared by the Village Engineer.
(6)
Stormwater drainage facilities.
(a)
The subdivider shall install storm sewers and all other drainage
facilities necessary for the management of all stormwater draining
through the lands being developed in accordance with the plans and
specifications prepared by the Village Engineer.
(b)
At the time the preliminary plat or planned development is submitted
to the Plan Commission for review, the Village Engineer shall prepare
a study to determine if it is necessary to increase the capacity of
the drainage facilities which are to be constructed within the plat
or planned development to enable said facilities to serve the entire
basin or subbasin. Where such increase in capacity is necessary as
determined by the Village Engineer, the Engineer shall determine that
portion of the estimated cost of constructing the required drainage
facilities which is attributable to such increase in capacity of the
facilities.
(c)
The cost of constructing storm sewers and other storm drainage
facilities which serve the plat or planned development, but which
are necessary to serve the entire drainage basin or subbasin, shall
be borne solely by the developer. Those costs which are attributable
solely to increasing the capacity of the required storm sewer and
other storm drainage facilities to enable them to serve the entire
drainage basin or subbasin be paid by the Village and may be recovered
through area charges or special assessments levied against all benefited
properties.
(7)
Street lamps. The subdivider shall install street lamps along all
streets proposed to be dedicated of a design comparable with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Village Board.
All subdivisions and land divisions shall comply with Chapter 350, Erosion, Sediment and Water Runoff Control, of the Code of the Village of Benton.
Additional improvements, reasonable in nature, maybe required
by the Village even though the same are not herein specified. Such
improvements shall be installed in accordance with the plans and specifications
prepared by the Village Engineer.
All improvements shall be installed by contractors approved
by the Streets Committee in accordance with the plans and specifications
prepared by the Village Engineer.
The improvements specified shall be installed under the inspection
of the Village Engineer at the expense of the subdivider. The required
improvements shall be approved and accepted by the Village Board prior
to the issuance of any building permits in the subdivision.
A.
Cost reimbursement; agreements. Developers shall reimburse the Village
for all administrative, engineering and legal service costs incurred
in map or plat review and shall execute the agreements and file the
securities required in this section.
B.
Preliminary land divider's agreement. At the time of filing a preliminary application under § 371-14, the developer shall execute for the benefit of the Village an agreement agreeing to pay and providing adequate security guaranteeing payment of the cost of review of the preliminary application and the final plat or map by the Plan Commission and Village Board, without limitation by enumeration, legal, engineering, and general administrative costs. No preliminary application shall be processed by the Village until a preliminary land divider's agreement is executed and filed with the Village Clerk-Treasurer and the required security, approved by the President, is provided. The Village Board may, from time to time, adopt a model preliminary land divider's agreement. A copy of the model agreement shall be kept on file in the office of the Village Clerk-Treasurer.
C.
Final land divider's agreement. At the time of submission of the final map or plat under § 371-15, the developer shall execute a final developer's agreement agreeing to pay and providing adequate security guaranteeing payment to the Village of the costs of required public improvements described in § 371-28, including, without limitation by enumeration, the legal, engineering, general administrative and construction costs. No final map or plat shall be reviewed or processed until the Village Clerk-Treasurer states on the face of the proposed final map or plat that the contract required by this section has been executed and the required security provided. The Village Board may, from time to time, adopt a model final land divider's agreement. A copy of the model agreement shall be kept on file in the office of the Village Clerk-Treasurer.
A.
By private contract.
(1)
All required improvements specified herein shall be installed at the sole expense of the subdivider, including construction staking and inspection provided by the Village Engineer and other indirect costs. The subdivider shall contract with one general contractor for the installation of all required improvements. The general contractor and all subcontractors shall meet the qualifications under § 371-31. Before the subdivider enters into a construction contract, the Village shall approve the completion terms called for by such contract. The subdivider shall also enter into an agreement with the Village setting forth the subdivider's obligation to the Village.
(2)
To guarantee the satisfactory installation of the required improvements,
and as a condition for approval of the final plat, the subdivider
shall file with the Village a surety document acceptable to the Village
in the amount of 125% of the estimated direct and indirect costs of
the required improvements. As work progresses, the Village may permit
a reduction in the amount guaranteed by the surety document equal
to the value of the improvements installed and approved by the Village.
However, the surety amount shall not be less than 15% of the original
amount. The subdivider shall guarantee all improvements constructed
against defects in materials and workmanship for a period of one year
from the date of acceptance by the Village. During the guaranteed
period, the subdivider shall promptly repair or replace any work determined
to be defective by the Village Engineer. Upon completion of the guarantee
period, and if all defects have been corrected, the Village shall
release the remaining surety.
B.
By public contract.
(1)
The Village Board may, upon written request of a subdivider, elect
to contract on behalf of the Village for installation of the required
improvements. Prior to the Village entering into such contract, the
subdivider shall furnish an irrevocable letter of credit, with the
Village as beneficiary, in an amount equal to 125% of the estimated
cost of all required improvements as determined by the Village Engineer.
(2)
The cost of all required improvements shall be assessed by the Village
against the property benefited thereby. As a condition for approval
of the final plat, the subdivider shall waive, pursuant to § 66.0703(7)(b),
Wis. Stats., the notice and hearing otherwise required for the levy
of a special assessment for the cost of the installed improvements.
A.
Special assessments levied for the cost of improvements provided
by public contract may be paid in full within 30 days' notice of the
amount due, or, at the subdivider's option, in three equal annual
installments, the first such installment being due on the date the
real estate taxes become due for the year in which the improvements
were completed and the remaining installments being due on each anniversary
thereafter.[1]
B.
After each annual installment hereunder is paid, the letter of credit amount required under § 371-34B(1) shall be reduced by 20%.
C.
Any unpaid balance due hereunder shall bear interest in favor of the Village at an annual rate which is 1% greater than the interest rate at which the Village has borrowed funds for a particular project. Such interest shall accrue from the date the Village expenditures for such project first exceed the 10% payment required by § 371-33.
D.
Notwithstanding anything stated herein to the contrary, upon the
sale of any parcel for which a special assessment has been levied
under this section, the full balance of the special assessment, including
accrued interest for such parcel, shall become due and payable, and,
if not immediately paid, in addition to any other available remedies,
the Village may at its option withhold issuing a building permit for
construction on such parcel.
If the Village Board elects not to defer the assessments, the
subdivider shall pay the costs of all required improvements and shall
be entitled to reimbursement therefor which benefits other undeveloped
lands. The right to reimbursement shall, however, be delayed until
such other lands are also improved or otherwise subdivided or developed.
The Village may enter into an agreement with the subdivider requiring
payment for the cost of public improvements which have benefited undeveloped
lands. The Village shall condition the approval of any future land
divisions or subdivisions of the benefited property upon such payment.
Calculations of sums reimbursable hereunder shall be determined by
the Village Engineer and be based upon original costs only, without
accrued interest or introduction of inflationary factors. All rights
to reimbursement shall expire 20 years from the date of plat approval
for the subdivision which necessitated the original improvements for
which such reimbursement is sought.
