A.
Before the final plat of a subdivision or the certified
survey map or assessor's map of a land division located in the Village
will be approved, the subdivider shall provide and dedicate the following
facilities and improvements, all of which must be installed or constructed
within the time stipulated by the Village Board, but not to exceed
two years after approval of the final plat unless the time is extended
by the Village Board:
(1)
Streets.
Streets graded and surfaced according to Village Board.
(2)
Drainage
facilities. Drainage channels, culverts and such other facilities
necessary to provide adequately for surface drainage according to
the established standards of the Village. Where steep grades or soil
conditions warrant, the Village Board may require the subdivider to
oil the ditches with liquid asphalt or to riprap and sod the ditches,
depending on the circumstances in each instance. When culverts are
required, corrugated metal or reinforced concrete culverts shall be
installed prior to acceptance of streets. All culverts shall be arch
culverts. Intersection culverts shall be a minimum length of 44 feet.
B.
Alternate procedure; financial guarantee. If the above
facilities and improvements have not been fully installed at the time
the plat, certified survey map or assessor's map is submitted for
final approval, the subdivider shall file with the Clerk a surety
bond or other satisfactory financial guarantee approved by the Village
Attorney to amply cover the cost of completing such facilities and
improvements in such amount as the Village Board shall determine to
be adequate based on the Village Engineer's estimates. If the improvements
are not installed within two years from the date of approval of the
final plat by the Village Board and no extension of this time period
has been given, the Village Board may cause all uncompleted required
work to be constructed, and the parties executing the bond or other
form of surety shall be firmly bound for payment of all necessary
costs therefor. As the required improvements are installed and accepted,
the Village Board may authorize reduction of the surety in the amount
deemed appropriate.
C.
Approvals. The adequacy of such facilities and improvements
and their proper installation shall be subject to approval of the
Village Board and the Village Engineer, with the acceptance of such
facilities following approval. Formal acceptance of these improvements
by the Village will be made only between May 1 and November 1 of any
year.
D.
Stage development. The Village Board may authorize
the subdivider to proceed with the installation of improvements required
on a portion of the subdivision, with the requirements of this chapter
applying only to that portion.
In order that adequate open spaces and sites for public uses
may be properly located and preserved as the community develops and
in order that the cost of providing the park and recreation sites
and facilities necessary to serve the additional families brought
into the community by subdivision development may be most equitably
apportioned on the basis of the additional need created by the individual
division of land, the following provisions are established:
A.
Reservation of potential sites.
(1)
In the design of the plat or other division of land,
consideration shall be given to the adequate provisions of a correlation
with such public sites or open areas.
(2)
Where it is determined by the Village Plan Commission
that a portion of the plat or other division of land is required for
public sites or open spaces, the divider may be required to reserve
such area for a period not to exceed three years, after which the
Village shall either acquire the property or release the reservations.
B.
Dedication of sites.
(1)
Within the corporate limits of the Village, where
feasible and compatible with development of the community, the developer
shall provide and donate to the public adequate land to provide for
park and recreation needs or capital improvements of the subdivision
or other division of land.
(2)
The amount of land to be provided shall be determined
on the basis of an amount of land equal in value to $700 per residential
lot created by the division. The value of the land to be dedicated
shall be determined by the Village Assessor on the basis of full and
fair market value of the land prior to dividing. If the owner is not
satisfied with such appraisal, he/she may appeal such determination,
in which case an appraisal board consisting of one appraiser selected
by the Village at its own expense, one selected by the property owner
at his own expense and a third selected by the two other appraisers
at Village expense shall determine the value.
C.
Proportionate payment in lieu of dedication.
(1)
Where the Village Board determines that such dedication
is not feasible or compatible with development of the community, the
developer shall, in lieu thereof, pay to the Village a fee for the
residential units constructed. Such fee shall be determined as follows:
(a)
Seven hundred dollars for each single-family
dwelling unit and for the first two residential units in a multiple
dwelling and $100 for each residential unit in such multiple dwelling
unit in excess of two; all such payments to be placed in a nonlapsing
fund of the Village to be used for park and recreation development.
(b)
Seven hundred dollars per residential lot created
by the subdivision or other division of land to be placed in a nonlapsing
fund to be used for park and recreation development, purchase of park
and recreation equipment or capital improvements.
(2)
Where the division results in the creation of not
more than one additional lot or parcel, payment shall be required
only for the additional parcel.
(3)
Payment may be in a lump sum or 50% paid at the time
of plat approval and the balance to be paid within one year, such
deferred payment to be guaranteed by surety bond or other satisfactory
financial guarantee to the Village.
(4)
Where a lot or parcel for which payment has once been
made is further divided, payment shall be required only for the additional
lots or parcels created.
(5)
The required payment shall be made before the certification
of approval may be affixed to the final plat or approval of a certified
survey map.
(6)
No payment shall be required for a parcel on which
a permanent residential structure has existed for at least one year
prior to the date of the division.
D.
Capital improvement fund.
[Added 12-21-1992]
(1)
In order that the Village shall have sufficient resources
to acquire, construct, maintain and operate a municipal water supply
which is necessitated by continued growth of the Village, there is
hereby established a capital improvement fund to be used for the purpose
of acquiring, constructing, maintaining and operating municipal water
supply sources to be used by the Village in providing municipal services
to the residents of the Village, including a water supply source to
be used by emergency and Fire Department vehicles. The developer shall
pay to the Village a fee which shall be deposited in the capital improvement
fund for each residential unit constructed.
(2)
Where the division results in the creation of not
more than one additional lot or parcel, payment shall be required
only for the additional parcel.
(3)
Payment may be in a lump sum or 50% paid at the time
of plat approval and the balance to be paid within one year, such
deferred payment to be guaranteed by surety bond or other satisfactory
financial guarantee to the Village.
(4)
Where a lot or parcel for which payment has once been
made is further divided, payment shall be required only for the additional
lots or parcels created.
(5)
The required payment shall be made before the certification
of approval may be affixed to the final plat or approval of a certified
survey map.
(6)
No payment shall be required for a parcel on which
a permanent residential structure has existed for at least one year
prior to the date of the division.
A.
Streets.
(1)
Cross section. Copies of the standard cross section
are available from the Clerk. Other cross sections will be discussed
at the time of platting for major and collector streets.
(2)
Profiles. The Village Board shall require that profiles
of streets to be constructed be prepared by a registered professional
engineer or registered land surveyor and be submitted to the Village
Board for approval of all grades and drainage easements prior to proceeding
with any grading.
(4)
Surfacing. All streets shall be graded and surfaced
according to specifications adopted by the Village. Maintenance of
the streets shall be the responsibility of the subdivider until final
acceptance of the streets by the Village. All roads included in the
subdivision or premises approved by a certified survey map shall be
paved by the Village with two-inch bituminous hot sheet surfacing
to be laid to a surface width of 26 feet complying with and as specified
in the current edition of the Standard Specifications for Highway
and Structure Construction of the Wisconsin Department of Transportation.
Such bituminous concrete pavement should be installed at the discretion
of the Village Board, but no sooner than two years after the recording
of the plat of the subdivision or approval of the certified survey
map. The costs and expenses incurred by the Village Board in such
road paving shall be assessed to the owners of the abutting land at
the time of such construction in accordance with the assessment policy
adopted by the Village Board at the time of such construction. Before
a final plat or certified survey map is approved by the Village Board,
a legend indicating the provisions of this section shall be incorporated
therein indicating bituminous concrete paving will be installed and
that the total cost will be assessed to the abutting property owners
at the time of such installation.[2]
(5)
Unstable material. Topsoil, mucky soil, peat and other
unstable material shall be removed below the subgrade of streets and
replaced with suitable, sound fill materials approved, placed and
compacted as directed by the Village Engineer.[3]
(6)
Street signs, culvert posts and guard rails. Street
signs, culvert posts, guard rails, etc., as required by the Village
Board, shall be obtained and placed by the Village with the expenses
incurred paid by the subdivider.
(7)
Side slopes. Side slopes shall be covered with topsoil,
prepared, seeded or sodded, or other suitable ground cover applied,
fertilized and maintained for a sufficient period to provide adequate
grass cover prior to acceptance by the Village Board.
C.
Utilities. Telephone and electrical lines shall be
installed underground, unless the Village Board specifically approves
overhead service. Underground electric wiring for streetlighting shall
be installed at the subdivider's expense when requested by the Village
Board.
D.
Final inspection and acceptance. Prior to the request
for final street inspection, the subdivider shall provide the Village
Engineer with a written certification from the subdivider's engineer
or surveyor to the effect that the streets conform to the grades as
indicated on the profile maps previously approved. Final inspection
will be made a minimum of seven days after the surface course has
been applied. Final acceptance of the streets, drainage ditches, culverts,
etc., will be made only between May 1 and November 1 of any year.[5]
E.
Village expenses. The expenses of the Village due
to the subject subdivision, to the extent that they exceed the fee
paid at the time the final plat was submitted, shall be paid by the
subdivider or owner as required by the Village Board.
