A.
Payment for improvements. The improvements prescribed in this chapter
are required as a condition of approval of a land division. The required
improvements described in this chapter shall be installed, furnished
and financed at the sole expense of the subdivider. However, in the
case of required improvements in a commercial or industrial area,
the cost of such improvements may, at the sole discretion of the Village
Board, be financed through special assessments.
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 Village Board. 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 Village Engineer.
A.
Contract. Prior to installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a written contract with the Village requiring the subdivider to furnish and construct said improvements at his sole cost and in accordance with plans and specifications and usual contract conditions, which shall include provision for inspection of construction details by the Village Engineer. (See § 575-12.)
B.
Financial guarantees.
(1)
The agreement shall require the subdivider to make an escrow deposit
or in lieu thereof to furnish a performance bond, the amount of the
deposit and the penal amount of the bond to be equal to 1 1/4 times
the Village Engineer's estimate of the total cost of the improvements
to be furnished under the contract, including the cost of inspection.
(2)
On request of the subdivider, the contract may provide for completion
of part or all of the improvements covered thereby prior to acceptance
of the plat, and in such event the amount of the deposit or bond shall
be reduced in a sum equal to the estimated cost of the improvements
so completed prior to acceptance of the plat only. If the required
improvements are not complete within the specified period, all amounts
held under the performance bond shall be turned over and delivered
to the Village and applied to the cost of the required improvements.
Any balance remaining after such improvements have been made shall
be returned to the owner or subdivider. The Village Board, at its
option, may extend the bond period for additional periods not to exceed
two years each period.
(3)
The time for completion of the work and the several parts thereof
shall be determined by the Village Board upon recommendation of the
Village Engineer after consultation with the subdivider. The completion
date shall be a component of the contract.
(4)
The subdivider shall pay the Village for all costs incurred by the
Village for review and inspection of the subdivision. This would include
review, and preparation at the Village Board's discretion, of
plans and specifications by the Village Engineer and Attorney, as
well as other costs of a similar nature.[1]
A.
Engineering reports, construction plans and specifications. As required by § 575-9, 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 to the standards of the Village Engineer and the ordinances of the Village 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 Village Engineer 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 Village 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.
(3)
Storm sewer and open channel plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials of required
facilities.
(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 Chapter 532, Construction Site Erosion Control, of this Code.
(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 Village officials.
B.
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent Village
ordinances and design standards recommended by the Village Engineer
and approved by the Village Board. If the Village Engineer 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 Village Engineer shall approve
the plans and specifications for transmittal to the Village Board.
The Village Board 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
Village Engineer upon receipt of all necessary permits and in accordance
with the construction methods of this chapter. Certificates of occupancy
shall not be issued until all improvements required by this chapter
are satisfactorily completed.[1]
(2)
Construction of all improvements required by this chapter shall be
completed within two years from the date of approval of the preliminary
plat by the Village Board, unless good cause can be shown for the
Village Board to grant an extension.
(3)
During the course of construction, the Village Engineer shall make
such inspections as the Village Board deems necessary to ensure compliance
with the plans and specifications as approved. The owner shall pay
the actual cost incurred by the Village for such inspections. This
fee shall be the actual cost to the Village of inspectors, engineers
and other parties necessary to ensure satisfactory work.
D.
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 three copies of record plans showing the actual
location of all valves, manholes, stubs, sewers and water mains and
such other facilities as the Village Engineer shall require. These
plans shall be prepared on original 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.[2]
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 Village Board and this
chapter and shall be subject to approval of the Village Engineer before
acceptance.
C.
Conform to Official Map. The arrangement, width, grade and location
of all streets shall conform to the Official Map.
D.
Grading.
(1)
With the submittal of the final plat, the subdivider shall furnish
drawings which indicate the existing and proposed grades of roads,
streets and alleys shown on the plat.
(2)
Proposed grades will be reviewed by the Village Engineer for conformance
with Village standards and good engineering practice. Street grades
require the approval of the Village Board after receipt of the Village
Engineer's recommendations.
(3)
After approval of the street grades, the subdivider shall grade the
full width of the right-of-way of the streets and alleys proposed
to be dedicated, including the vision clearance triangle on corner
lots.
(4)
In cases where an existing street right-of-way is made a part of
the plat or abuts the plat, the subdivider shall grade that portion
of the right-of-way between the existing pavement and the property
line.
(5)
The bed for the roadways in the street rights-of-way shall be graded
to subgrade elevation.
(6)
The Village Engineer shall approve all grading within rights-of-way,
and said grading shall extend for a sufficient distance beyond the
right-of-way to ensure that the established grade will be preserved.
(7)
Where electric and other communications or utilities facilities are
to be installed underground, the utility easements shall be graded
to within six inches of the final grade by the subdivider, prior to
the installation of such facilities; earth fill piles or mounds of
dirt or construction materials shall not be stored on such easement
areas.
E.
Street construction. After sanitary sewer, storm sewer, water, and
other necessary utilities have been installed, the subdivider/developer
shall construct streets and curbs and gutters. The subdivider shall
surface roadways to the widths prescribed by Village specifications.
Construction shall be to Village standard specifications for street
improvements.
F.
Completion of street and sidewalk construction.
(1)
Prior to any certificate of occupancy being issued on lands adjacent
to streets and/or sidewalks, all street and sidewalk construction
shall be completed by the subdivider/developer, approved by the Village
Engineer and accepted by the Village Board.[1]
(2)
The Village Board may issue a waiver of these requirements in unusual
or special circumstances, not financial, such as excessively severe
weather conditions, heavy construction temporarily in area or construction
material shortages (i.e., cement or asphalt). The issuance of a waiver
shall be at the discretion of the Village Board.
(3)
The subdivider/developer requesting a waiver shall do so in writing,
presenting such information and documentation as required by the Village
Board. The waiver shall be in written form and shall detail which
improvement requirements are temporarily waived and for what period
of time.
After the installation of all utility and stormwater drainage
improvements, the subdivider may be required to construct concrete
curbs and gutters in accordance with plans and standard specifications
approved by the Village Board and the requirements of this Code, on
file with the Village Clerk. Wherever possible, provision shall be
made at the time of construction for driveway access curb cuts.
Sidewalks may be required by the Village Board, upon the recommendation
of the Village Engineer, in high traffic areas and areas in the vicinity
of schools, commercial areas and other places of public assemblage.
The Village Board may require the construction of sidewalks if such
walks are necessary, in its opinion, for safe and adequate pedestrian
circulation.
A.
There shall be provided a sanitary sewerage system in conformity
with the master plan of sewers as approved by the Village Board. The
size, type, and installation of all sanitary sewers proposed to be
constructed shall be in accordance with plans and specifications approved
by the Village.
B.
The developer shall make adequate sewage disposal systems available
to each lot within the subdivision, certified survey parcel or land
division.
C.
The developer shall pay all the costs of all sanitary sewer work,
including the bringing of the sanitary sewer from where it exists
to the subdivision in question as well as providing all sanitary sewer
work within the subdivision. In conjunction with the installation
of the main, sewer service laterals shall be provided to all lots.
A.
There shall be provided adequate domestic water supplies in conformity
with the master plan of water as approved by the Village Board. The
size, type and installation of all water mains proposed to be constructed
shall be in accordance with plans and specifications approved by the
Village.
B.
The developer shall make adequate domestic water supplies available
to each lot within the subdivision, certified survey parcel or land
division.
C.
The developer shall pay all the costs of all water work, including
the bringing of the water main from where it exists to the subdivision
in question as well as providing all water work within the subdivision.
In conjunction with the installation of the main, water service laterals
shall be provided to all lots.
Pursuant to § 575-35, the subdivider shall provide stormwater drainage facilities, which may include curb and gutter, catch basins and inlets, storm sewers, road ditches and open channels, as may be required. Storm sewers are to be of adequate size and grade to hydraulically accommodate the ten-year storm; culverts shall by designed to accommodate the ten-year storm and shall be sized so that the twenty-five-year frequency storms do not cause flooding of the adjacent roadway. Upon the approval of the Village Engineer, stormwater swales and ditches may be sized for from twenty-five-year to one-hundred-year frequency storms, depending upon the estimated amount of damage that would be incurred by adjacent properties if flooding did occur. 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 Village Board, upon the recommendation of the Village Engineer. 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, electrical power 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 Village Board specifically allows overhead poles for the following
reasons:
B.
Plans indicating the proposed location of all gas, electrical power
and telephone distribution and transmission lines required to service
the plat shall be approved by the Village Board and such map shall
be filed with the Village Clerk.
The subdivider shall install streetlamps along all streets proposed
to be dedicated of a design compatible 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, upon the recommendation of the Village Engineer.
Pursuant to Chapter 532, Construction Site Erosion Control, of this Code, 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.
See Chapter 466, Trees and Shrubs.
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 Village Board, on the recommendation of appropriate
departments and agencies serving the Village, shall require utility
easements for poles, wires, 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.
(1)
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream:
(a)
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
(b)
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.
(2)
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 Village Engineer, 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. Such easements shall be at least 20 feet wide,
or wider where recommended by the Village Engineer, and may run across
lots or alongside of rear lot lines. Evidence shall be furnished the
Plan Commission and Village Board 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.
