A.
General requirement.
(1)
In accordance with the authority granted by § 236.13,
Wis. Stats., the City of Bayfield hereby requires that, as a condition of
final plat or certified survey map approval, the subdivider agree to make
and install all public improvements required by this chapter or the subdivider
shall provide the City with security to ensure that the subdivider will make
the required improvements. As a further condition of approval, the Common
Council hereby requires that the subdivider be responsible for the cost of
any necessary alterations of any existing utilities which, by virtue of the
platting or certified survey map, fall within the public right-of-way.
(2)
As a condition for the acceptance of dedication of public
rights-of-way, the City requires that the public ways have been previously
provided with all necessary facilities constructed to City specifications,
including, but not limited to, sewerage, storm drainage, water mains and services,
grading and improvement of the streets and other public ways, sidewalks, street
signing, streetlighting and such other facilities required by the Common Council
or that a specific portion of the costs be paid in advance as provided in § 66.0709(2),
Wis. Stats.:
(a)
The required public improvements shall be installed by
the subdivider at his cost; or
(b)
The subdivider may petition the City for the installation
of the required improvements by City contract. The petition must be received
by the City prior to August 15 of the year preceding the required installation
so that the petition may be considered for inclusion in the City budget. If
the Common Council elects to install the petitioned improvements, it shall
establish special assessments for the recovery of the costs. The special assessments
due from the subdivider for the portion of the petitioned improvements necessary
to serve the proposed land division shall be due to the City, together with
interest, within six months of the date of City acceptance of the improvements.
B.
General standards. The following required improvements
in this chapter shall be installed in accordance with the engineering standards
and specifications which have been adopted by the Common Council. Where standards
and specifications have not been adopted, the improvements shall be made in
accordance with good engineering practices, approved prior to the start of
construction by the Public Works Director. When new or revised standards and/or
specifications have been adopted by the City, work on public improvements
not begun within five years of the date of final plat adoption shall be made
to the new or revised standards and/or specifications. The Public Works Director
shall review and approve the construction plans, specifications and calculations
for the construction of the required public improvements.
C.
Project manager. The subdivider shall designate a project
manager who shall be readily available on the project site during the construction
of the required public improvements. The project manager shall be granted
authority on behalf of the subdivider to make decisions related to the construction
of the required public improvements as they may arise during the course of
the construction. The project manager shall also be responsible for the scheduling
and coordination of the required work to construct the required improvements.
Correspondence with or verbal orders to the designated project manager shall
have the same authority as with the subdivider directly.
A.
Subdivider shall either install improvements and/or contract
with the City and may receive annual extensions for delay in making improvements.
Before final approval of any plat located within the corporate limits of the
City, the subdivider shall:
(1)
Install street and utility improvements as provided by
this chapter; or
(2)
As an alternative, if such improvements are not installed
as required at the time that the final plat is submitted for approval, the
subdivider shall, before the recording of the plat, enter into a contract
with the City agreeing to install the required improvements and shall file
with said contract a bond, irrevocable letter of credit meeting the approval
of the City Attorney or a certified check in an amount equal to the estimated
cost of the improvements, said estimate to be made by the Public Works Director
as a guarantee that such improvements will be completed by the subdivider
or his subcontractors not later than one year from the date of the recording
of the plat and as a further guarantee that all obligations to subcontractors
for work on the development are satisfied.
(3)
The Common Council may extend for a one-year period at
a time the requirement that subdividers install street and utility improvements
for any plat and/or subdivision. If a one-year extension is approved, the
contract and financial guarantees required by this section shall also be extended
and signed or the extension given by the Common Council shall be withdrawn.
B.
Financial guarantees.
(1)
The subdivider shall file with said contract, subject
to the approval of the City Attorney, a bond, irrevocable letter of credit
or certified check in an amount equal to 100% of the estimate of the cost
prepared by the Public Works Director as surety to guarantee that such improvements
will be completed by the subdivider or his contractors not later than 24 months
from the date of recording the plat.
(2)
However, the subdivider may elect, with the approval
of the City, to install the improvements in construction phases provided that:
(a)
The phases are specified in the contract for land division
improvements;
(b)
The developer submits surety in an amount equal to 100%
of the estimate of the Public Works Director sufficient for the construction
of all phases of construction or park improvement in progress;
(c)
The developer records deed restrictions approved by the
City Attorney which specify that the lots which are included in future construction
phases of the land division will not be transferred or sold unless the City's
approval is obtained;
(d)
The subdivider minimizes grading and other disturbances
to lands included in future construction phases in order to prevent erosion;
and
(e)
Erosion control plans and measures submitted and approved
herein shall address the individual phases of construction.
(3)
The time limit for completion of a phased improvement
program shall take into account the needs and desires of the City and adjacent
property owners for street and other improvements to serve lands adjacent
to and within the land division.
(4)
As work progresses on installation of improvements constructed
as part of the contract, the Public Works Director, upon written request from
the subdivider from time to time, is authorized to recommend a reduction in
the amount of surety as hereinafter provided. When portions of construction
(water, sanitary sewer, street, sidewalk, greenway or other improvements)
are completed by the subdivider and determined acceptable by the Public Works
Director, the City Clerk is authorized, upon submission of lien waivers by
the subdivider's contractors, to reduce the amount of surety. The amount of
surety remaining shall be equal to 100% of the estimate of the Public Works
Director of costs of work remaining to be completed and accepted and to insure
performance of the one-year guarantee as specified below against defects in
workmanship and materials on work accepted. When the work on the major components
of construction has been substantially completed, except for work which cannot
be completed because of weather conditions or other reasons which, in the
judgment of the Public Works Director are valid for noncompletion, the City
Clerk is authorized to accept a reduction in the amount of surety to an amount
in the estimate of the Public Works Director, sufficient to cover the work
remaining to be completed, including performance of the one-year guarantee
period against defects in workmanship and materials. As a further guarantee
that all obligations under contract for work on the development are satisfied,
the contractor and subcontractors who are to be engaged in the construction
of utilities or street improvements on the street right-of-way to be dedicated
shall be approved for such work by the Public Works Director prior to commencing
construction. The Common Council, at its option, may extend the bond period
for additional periods not to exceed one year each.
(5)
Governmental units to which these bond and guarantee
provisions apply may, in lieu of said contract or instrument of guarantee,
file a resolution or letter from officers authorized to act in their behalf,
agreeing to comply with the provisions of this section.
(6)
The subdivider shall agree in the development contract
to pay all street and sidewalk assessments, specifically all area charges
for sanitary sewer mains and all water main assessments, including where the
land division abuts existing streets which are not improved within the City
standard street improvements (including, but not limited to curb and gutter,
local storm sewer, sidewalks and a bituminous pavement).
C.
Waiver of special assessment notice and hearing. The
subdivider shall file with said contract, subject to the approval of the City
Attorney, a waiver of special assessment notices and hearings such that the
subdivider, his heirs and assigns (including purchasers of property from the
subdivider), waive notice and hearing for and authorize the assessment for
any and all of the required public improvements in phases of the land division
intended for future development in accordance with § 66.0703(7)(b),
Wis. Stats.
A.
Engineering reports, construction plans and specifications. As required by § 474-12, engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the preliminary plat. At the final plat stage, construction plans for the required improvements conforming in all respects with the standards of the Public Works Director and the ordinances of the City shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his seal. Such plans, together with the quantities of construction items, shall be submitted to the Public Works Director for his approval and for his estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required. Simultaneously with the filing of the final plat with the City Clerk or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:
(1)
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations,
grades, sizes, elevations and materials of required facilities to City limits
only.
(3)
Storm sewer and open channel plans and profiles showing
the locations, grades, sizes, cross sections, elevations and materials of
required facilities to City limits only.
(4)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
(5)
Erosion and sedimentation control plans showing those
structures required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation. Such plans
shall comply with the City's Erosion Control Chapter, if applicable.[1]
(6)
Planting plans showing the locations, age, caliper, species
and time of planting of any required grasses, vines, shrubs and trees.
(7)
Additional special plans or information as required by
City officials.
B.
Action by the Public Works Director. The Public Works
Director shall review or cause to be reviewed the plans and specifications
for conformance with the requirements of this chapter and other pertinent
City ordinances and design standards recommended by the Public Works Director
and approved by the Common Council. If the Public Works Director rejects the
plans and specifications, he shall notify the owner, who shall modify the
plans or specifications or both accordingly. When the plans and specifications
are corrected, the Public Works Director shall approve the plans and specifications
for transmittal to the Common Council. The Common Council shall approve the
plans and specifications before the improvements are installed and construction
commenced.
C.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans
approved above, written authorization to start the work shall be obtained
from the Public Works Director upon receipt of all necessary permits and in
accordance with the construction methods of this chapter. Building permits
shall not be issued until all improvements required by this chapter are satisfactorily
completed.
(2)
During the course of construction, the Public Works Director
shall make such inspections as he or the Common Council deems necessary to
insure compliance with the plans and specifications as approved. The owner
shall pay the actual cost incurred by the City for such inspections. This
fee shall be the actual cost to the City of inspectors, engineers and other
parties necessary to insure satisfactory work.
D.
Subdivider to reimburse the City for costs sustained.
The subdivider of land divisions within the City shall reimburse the City
for its actual cost of design, inspection, testing, construction and associated
legal and real estate fees for the required public improvements for the land
division. The City's costs shall be determined as follows:
(1)
The cost of City employees' time engaged in any way with
the required public improvements based on the hourly rate paid to the employee
multiplied by a factor determined by the City Treasurer to represent the City's
cost for expenses, benefits, insurance, sick leave, holidays, vacation and
similar benefits.
(2)
The cost of City equipment employed.
(3)
The cost of mileage reimbursed to City employees which
is attributed to the land division.
(4)
The actual costs of City materials incorporated into
the work, including transportation costs plus a restocking and/or handling
fee not to exceed 10% of the cost of the materials.
(5)
All consultant fees associated with the public improvements
at the invoiced amount plus administrative costs. Unless the amount totals
less than $50, the City shall bill the subdivider monthly for expenses incurred
by the City. Statements outstanding for more than 30 days shall accrue interest
at the rate of 1 1/2% per month. Bills outstanding for more than 90 days
shall be forwarded to the subdivider's surety agency for payment. Amounts
less than $50 shall be held for billing by the City until amounts total more
than $50 or until the conclusion of project activities.
E.
Record plans. After completion of all public improvements
and prior to final acceptance of said improvements, the subdivider shall make
or cause to be made two copies of record plans showing the actual "as-built"
location of all valves, manholes, stubs, sewers and water mains and such other
facilities as the Public Works Director shall require. These plans shall be
prepared on the original Mylars of the construction plans and shall bear the
signature and seal of a professional engineer registered in Wisconsin. The
presentation of the record plans shall be a condition of final acceptance
of the improvements and release of the surety bond assuring their completion.
The subdivider shall construct streets, roads and alleys as outlined
on the approved plans based on the requirements of this chapter:
A.
General considerations. The streets shall be designed
and located in relation to existing and planned streets, to topographical
conditions and natural terrain features such as streams and existing tree
growth, to public convenience and safety, and in their appropriate relation
to the proposed uses of the land to be served by such streets.
B.
Construction standards. Construction of all streets shall
conform to the current standards as established by the City in this chapter
and elsewhere and shall be subject to approval of the Public Works Director
before acceptance.
C.
Conform to Official Map. The arrangement, width, grade
and location of all streets shall conform to the Official Map.
D.
Survey monumentation. Before final approval of any plat
or certified survey within the corporate limits of the City, the subdivider
shall install monuments placed in accordance with the requirements of Ch.
236, Wis. Stats., or as may be required by the Public Works Director. All
survey monumentation located adjacent to street or public rights-of-way, but
not located within street payment, shall be protected with steel fence posts
erected near the survey monumentation. The Public Works Director may waive
the placing of monuments for a reasonable time during public improvement construction
on condition that the subdivider executes a survey to insure the placing of
such monuments within the time required. On behalf of the City, the City Clerk
is authorized to accept such surety bonds and contracts for monumentation
in an amount approved by the Public Works Director. Building permits shall
not be issued until all survey monumentation for the block(s) of lots in which
the lot(s) for which building permits are being applied for within the phase
of the land division under development has been installed. When the land division
includes and established 1/2, 1/4, 1/4 — 1/4, or such other
section monument, the established monument shall be preserved and/or fully
restored by the subdivider at his cost.
E.
Street construction. After the installation of all required
utility and stormwater drainage improvements, the subdivider shall prepare
for surfacing all roadways in streets proposed to be dedicated, to the widths
prescribed by these regulations, by placing crushed rock on said roadways
and, in addition, shall surface said street, in a manner and quality consistent
with this chapter and plans and specifications approved by the Public Works
Director. Construction shall be to City standard specifications for street
improvements.
F.
Street cross sections. When permanent street cross sections
have been approved by the City, the subdivider shall finish grade all shoulders
and road ditches, install all necessary culverts at intersections and, if
required, surface ditch inverts to prevent erosion and sedimentation in accordance
with plans and standard specifications approved by the Public Works Director.
After the installation of all utility and stormwater drainage improvements,
the subdivider shall be required to construct concrete curbs and gutters or,
if approved by the City, a system of ditches and culverts, in accordance with
City standard specifications. The subdivider shall install concrete curb and
gutter along both sides of all streets and boulevards shown on the plat. The
cost of the curb and gutter required inspection, supervision and engineering
fees shall be paid for by the subdivider. Wherever possible, provision shall
be made at the time of construction for driveway access curb cuts. The cost
of installation of all inside curbs and gutters for dual roadway pavements
shall be borne by the City. The size of culverts to be provided shall be determined
by the Public Works Director. All culverts shall be of corrugated steel pipe.
A.
When required by the Common Council, the construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Public Works Director and in compliance with this Code of the City of Bayfield. Sidewalks shall be constructed by the subdivider when required by the Common Council according to the dimensions established in § 349-5 of Chapter 349, Streets and Sidewalks of the Code of the City of Bayfield.
B.
Wider-than-standard sidewalks may be required by the
Common Council in the vicinity of schools, commercial areas and other places
of public assemblage; and the Common Council may require the construction
of sidewalks in locations other than required under the preceding provisions
of this section if such walks are necessary, in its opinion, for safe and
adequate pedestrian circulation.
C.
Where required, all sidewalks shall be installed prior
to the issuance of an occupancy permit for any lot within a subdivision; but,
in no event, not later than one year from acceptance of the final plat. If
the sidewalk is not installed within one year from the acceptance of the final
plat, the City will order the sidewalk installed. If it is impossible to install
sidewalks prior to the issuance, due to weather conditions, then the developer
shall place adequate funds in escrow with the City to assure completion.
A.
Sanitary sewers, including all related items (manholes,
wyes, tees, stubs for future extensions, etc.), shall be installed meeting
the specifications and requirements of the City. Where sewers larger than
eight inches in diameter are required, the subdivider shall be responsible
for the cost of an eight-inch sewer. The difference in cost between the eight-inch
sewer and that installed shall be borne by the City.
B.
The subdivider shall construct sanitary sewers in such
a manner as to make adequate sanitary sewerage service available to each lot
within the subdivision. Sewerage service lines of the sizes and materials
required by the Public Works Director shall be installed from the sanitary
sewers to the property line of every lot in the subdivision. This installation
will be coordinated with the installation of sanitary sewers. If central sewer
facilities are not available, the subdivider shall make provision for adequate
private sewage disposal systems as specified by the Common Council and the
Department of Commerce; however, any lot containing less than one acre of
land and being less than 150 feet wide must be served by public sanitary sewer
facilities, unless in the considered opinion of the Common Council such service
will be made available to the subdivision within five years of the date of
the submission of the preliminary plat. The Common Council may require the
installation of sewer laterals to the street lot line. If, at the time of
final platting, sanitary sewer facilities are not available to the plat, but
will become available within a period of five years from the submission of
the preliminary plat, the subdivider shall install or cause to be installed
sanitary sewers and sewer laterals to the street lot line in accordance with
this section and shall cap all laterals as may be specified by the Public
Works Director. The size, type and installation of all sanitary sewers proposed
to be constructed shall be in accordance with plans and standard specifications
approved by the Public Works Director. All sanitary sewer facilities shall
be floodproofed.[1]
A.
Requirements.
(1)
The subdivider shall have prepared plan and profile drawings
and specifications for the installation of water main facilities in accordance
with City master water main plan, including the water main, pipe fittings,
valves, hydrants and lateral house connections for each lot in the subdivision
extended to the lot line. Upon approval of the plans by the Public Works Director
and the Common Council, the subdivider shall cause to be installed, in accordance
with the "Standard Specifications for Sewer and Water Construction in Wisconsin,"
all facilities required, and the cost of same, including inspection. Supervision
and engineering fees shall be paid for by the subdivider.
(2)
Where water mains larger than eight inches in diameter
are required, the subdivider shall be responsible for the cost of an eight-inch
main. The difference in cost between the eight-inch main and that installed
shall be borne by the Utility.
(3)
The rules of the Utility on file with the Wisconsin Public
Service Commission are hereby adopted by reference and made a part hereof
as though fully set forth herein.
B.
The subdivider shall construct water mains in such a
manner as to make adequate water service available to each lot within the
subdivision. If municipal water service is not available, the subdivider shall
make provision for adequate private water systems as specified by the Public
Works Director and the Division of Environmental Protection; however, any
lot containing less than one acre of land and being less than 150 feet wide
must be served by public water facilities, unless in the considered opinion
of the Common Council such services will be made available to the subdivision
within five years of the date of the submission of the preliminary plat. The
Common Council may require the installation of water laterals to the street
lot line. The size, type and installation of all public water mains proposed
to be constructed shall be in accordance with plans and standard specifications
approved by the Public Works Director, and shall be paid for by the developer.
Pursuant to § 474-43, the subdivider shall provide stormwater drainage facilities which include curb and gutter, manholes, catch basins and inlets, storm sewers, storm sewer laterals from the main to the lot line, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, the type of facility required, the design criteria and the sizes and grades to be determined by the Public Works Director. Storm sewer laterals of the sizes and materials required by the Public Works Director shall be installed from the mains to the lot line of every lot in the subdivision when storm sewer mains shall be required by this section. Storm drainage facilities shall be so designed as to present no hazard to life or property, minimize shoreland erosion and siltation of surface waters, shall prevent excess runoff on adjacent property and shall provide positive drainage away from on-site sewage disposal facilities. The size, type and installation of all stormwater drain and sewers proposed to be constructed shall be in accordance with this chapter and plans and standard specifications approved by the Public Works Director. Storm drainage facilities shall be so designed as to minimize hazards to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the Public Works Director. Storm sewers oversized to handle runoff from off-site properties will be installed by the subdivider; however, the cost of oversizing above a twenty-four-inch diameter storm sewer shall be paid by other users connecting to the system.
A.
The subdivider shall cause gas, electric power, cable
television and telephone facilities to be installed in such a manner as to
make adequate service available to each lot in the subdivision, certified
survey or land division. All new electrical distribution television cables
and telephone lines from which lots are individually served shall be underground
unless the Common Council, upon the recommendation of pertinent City utilities
or Plan Commission, specifically allows overhead poles for the following reasons:
B.
Plans indicating the proposed location of all gas, electrical
power, cable television and telephone distribution and transmission lines
required to service the plat shall be approved by the Public Works Director.
The subdivider may be required to install street lamps along all streets
proposed to be dedicated of a design compatible with the neighborhood and
type of development proposed. Such lamps shall be placed as may be required
by the Public Works Director.
The subdivider shall arrange with the City and pay the costs of providing
the street signing necessary to serve the development. Such signing shall
include street name signs and such temporary barricades and "road closed"
signs as may be required by the Public Works Director until the street improvements
have been accepted by Common Council resolution.
The subdivider shall cause all gradings, excavations, open cuts, side
slopes, and other land surface disturbances to be mulched, seeded, sodded
or otherwise protected so that erosion, siltation, sedimentation and washing
are prevented. The subdivider shall submit an erosion control plan that specifies
measures that will be taken to assure the minimization of erosion problems.
When the land included in a subdivision plat or certified map abuts
upon or is adjacent to land used for farming or grazing purposes, the subdivider
shall erect, keep, and maintain partition fences, satisfying the requirements
of the Wisconsin Statutes for a legal and sufficient fence, between such land
and the adjacent land. A covenant binding the developer, its grantees, heirs,
successors, and assigns to erect and maintain such fences, without cost to
the adjoining property owners, so long as the land is used for farming or
grazing purposes, shall be included upon the face of the final plat or certified
survey map.
A.
Utility easements. The Common Council, on the recommendation
of appropriate departments, utilities and agencies serving the City, shall
require utility easements for poles, wire, conduits, storm and sanitary sewers,
gas, water and head mains or other utility lines. It is the intent of this
chapter to protect all established easements so as to assure proper grade,
assure maintenance of the established grade, prohibit construction of permanent
fences or retaining walls over underground installation and prevent the planting
of trees in the easement area.
B.
Drainage easements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream:
(1)
There shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse and
such further width or construction, or both, as will be adequate for the purpose
and as may be necessary to comply with this section; or
(2)
The watercourse, drainageway, channel or stream may be
relocated in such a manner that the maintenance of adequate drainage will
be assured and the same provided with a stormwater easement or drainage right-of-way
conforming to the lines of the relocated watercourse, and such further width
or construction, or both, as will be adequate for the purpose and may be necessary
to comply with this section.
(3)
Wherever possible, it is desirable that drainage be maintained
by an open channel with landscaped banks and adequate width for maximum potential
volume flow. In all cases, such watercourse shall be of a minimum width established
at the high-water mark or, in the absence of such specification, not less
than 30 feet. If, in the opinion of the Public Works Director, the easement
will be for a major drainage swale, the easement shall be of sufficient width
to contain a one-hundred-year frequency storm. If the drainage easement is
located in an established Floodway or Flood-Fringe District, the entire floodplain
area shall be included within the drainage easement.
C.
Easement locations.
(1)
Utility easements shall be at least 12 feet wide, or
wider where recommended by the Public Works Director, and may run across lots
or alongside of rear lot lines. Such easements should preferably be located
along rear lot lines. Evidence shall be furnished the Plan Commission and
Common Council that easements and any easement provisions to be incorporated
in the plat or in deeds have been reviewed by the individual utility companies
or the organization responsible for furnishing the services involved.
(2)
All easements dedicated on final plat or certified survey
maps for survey maps for poles, cables or conduits for electricity, telephone
or other private utility lines shall be noted thereon as "Utility Easement."
All easements for storm and sanitary sewers, water and force mains, pedestrian
walks and other public purposes shall be noted thereon as "Public Easement
for" followed by reference to the use or uses for which they are intended.
D.
Deed restrictions for easements. Deed restrictions shall
accompany each final plat or certified survey map, and shall be filed in the
Register of Deeds office. In addition to whatever else may be contained therein,
such restrictions shall describe the location and width of utility and public
easements which are being established; a description by reference to the final
plat or certified survey map shall suffice. Such restrictions shall further
recite that the utility companies and the public agencies using such easements
are granted the right to place, and shall state that the elevation of such
easements as graded by the subdivider may not be altered thereafter by him,
or any subsequent landowner by more than six inches.
When any public improvements of adequate capacity are not available
at the boundary of a proposed land division, the City, or its duly authorized
representative, shall require, as a prerequisite to approval of a final plat
or certified survey map, assurances that such improvement extensions shall
be provided as follows in accordance with the following standards:
A.
Design capacity. All improvements within or entering
or leaving the proposed development shall be installed to satisfy the service
requirements for the entire service or drainage area in which the development
is located and the improvements shall be of sufficient capacity to handle
the expected development of the overall service area involved.
B.
Extra-sized and off-size improvements. Where improvements of adequate size needed to serve the development are not available at the boundary of the development, the subdivider shall proceed under one of the alternatives as identified in § 474-22A.
C.
Lift stations. Where sanitary or storm sewer lift stations
and force mains are required to lift sewage to the gravity system, the subdivider
shall have plans, profiles, specifications and estimated operation and maintenance
costs prepared for the installation of such facilities to the Public Works
Director's requirements. Equipment similar to existing City equipment shall
be utilized whenever possible. The installation, inspection, supervision and
engineering fees for lift stations and/or force mains shall be paid for by
the subdivider unless otherwise determined and agreed upon by the Common Council.
Gravity sanitary sewer service shall be employed whenever determined by the
Public Works Director to be feasibly accessible.
A.
Acceptance of improvements. The dedication of any improvements,
utilities, streets, parks, easements, rights-of-way or other lands or rights
to the City or the public shall not be considered accepted by the City for
public ownership until such time as the required public improvements within
the intended dedication or necessary because of the intended dedication have
been completed and accepted by the Common Council by adoption of a resolution
accepting such dedication. The subdivider shall be responsible for and liable
for the maintenance, safety and operation of all required public improvements
until such time as the improvements are accepted by the Common Council by
resolution. In the event the City must take measures to maintain, operate
or make safe a public improvement existing or required as a result of the
land division but which has not yet been accepted by the City, the costs of
such measures shall hereby be determined to be City-incurred costs to be reimbursed
to the City by the subdivider in accordance with the provisions of this chapter.
B.
Inspection and certification of improvements.
(1)
After any of the following increments of the required
improvements have been installed and completed, the subdivider shall notify
the Public Works Director, in writing, that the work is complete and ready
for final inspection, shall file reproducible record drawings of the completed
improvements and shall file lien waivers or affidavits, in a form acceptable
to the Public Works Director and approved by the City Attorney, evidencing
that there are no claims, actions or demands for damages, based upon contract
or tort arising out of or in any way related to the project and that no moneys
are owned to any surveyor, mechanic, contractor, subcontractor, materialman
or laborer after all required improvements have been installed. Acceptance
of the improvements may be requested in the following increments:
(2)
The City Treasurer shall certify that there are no unpaid
taxes or unpaid special assessments on any of the lands included in the area
of acceptance and shall prepare a final billing for engineer, inspection and
legal fees and submit it to the subdivider for payment. The Public Works Director
shall conduct any necessary final inspections of the improvements and forward
a report to the City Clerk recommending either approval or disapproval. When
the engineering, inspection, taxes, special assessments and legal fees have
been paid and when the necessary lien waivers and affidavits have been filed,
the report of the Public Works Director, together with the recommendation
of the City Clerk, shall be forwarded to the Common Council for approval and
acceptance of the improvements and dedications.
