The subdivider shall cause survey monuments to be installed
in accordance with the requirements of Ch. 236, Wis. Stats., and as
may be required by the City Engineer.
The City shall be responsible for streetlighting; grading, surfacing
and curb and gutter of streets; sanitary sewer facilities; stormwater
drainage facilities; and water supply facilities. The City shall construct
or cause to be constructed such streets and utilities in conformance
with plans and standard specifications developed by the City Engineer
and in conformance with the Comprehensive Plan. The costs of such
improvements and plans shall be paid to the City by the subdivider
through assessments in conformance with rates established in the resolution
establishing special assessment rates for public improvements, as
amended from time to time.
A.
Street surfacing. Street surfacing shall be of the type and width
prescribed by the Comprehensive Plan, and any cost of surfacing in
excess of 36 feet in width and to standards over and above those which
would be required for local streets that are not required to serve
the needs of the subdivider shall be borne by the City.
B.
Curb and gutter. Curb and gutter shall be constructed and the cost
of installation of all inside curbs and gutters for dual roadway pavement
shall be borne by the City.
C.
Sanitary sewer. Sanitary sewer shall be constructed as to make adequate
sanitary sewerage service available to each lot within the subdivision.
The developer shall be responsible for the cost of sewer up to and
including 10 inches in diameter in residential subdivisions and up
to and including 12 inches in diameter in nonresidential subdivisions.
The City shall bear the additional cost of the larger sewer pipe.
D.
Water mains and hydrants. Water mains and hydrants shall be constructed
in such manner as to make adequate water service available to each
lot within the subdivision. If greater than eight-inch water mains
are required in residential subdivisions or if greater than twelve-inch
diameter water mains are required in nonresidential subdivisions,
the excess cost of such mains over and above the eight-inch mains
in residential subdivisions or twelve-inch mains in nonresidential
subdivisions shall be borne by the City.
E.
Streetlighting. Streetlighting shall be of a type consistent with
the nature of the street and its lighting requirements as specified
by the Plan Commission and in accordance with the ornamental streetlighting
specifications on file in the Department of Public Works. The subdivider
shall be responsible for the cost of residential ornamental streetlighting,
and, in cases where greater than residential lighting is required,
all costs over and above the cost of normal residential streetlighting
shall be borne by the City.
F.
Grading and fill. The placement of fill shall be completed in accord
with the master drainage plan for a subdivision, to be accomplished
as development occurs. The requirements of this subsection shall apply
to any lot(s) within a subdivision whose final plat is recorded after
adoption of this subsection. In addition, the following standards
must be met to assure that water will not pond within a lot or series
of lots to create aesthetic, safety, health or other problems normally
associated with standing water:
(1)
The owner of a lot to be developed shall take the necessary physical
steps to ensure that water will flow from any point within the lot
to a natural or constructed drainage course in accord with the master
drainage plan for the subdivision. The responsibility for the construction
and maintenance of any drainage course within a lot, as specified
by the master drainage plan for the subdivision, shall remain with
the owner of said lot and such responsibility shall pass to any successive
owner.
(2)
The owner of an undeveloped lot shall take appropriate measures to
prevent the accumulation of water on such lot. Compliance with this
requirement may necessitate temporary site modifications to assure
proper drainage prior to the completion of final grading of all adjacent
lots.
A.
Lines to be underground in newly platted areas.
(1)
All new electric distribution lines (excluding lines of 15,000 volts
or more), all new telephone lines from which lots are individually
served, all new telegraph lines, community antenna television cables
and services installed within a newly platted area, mobile home park
or planned development shall be underground unless the Plan Commission
shall specifically find after study that:
(a)
The placing of such facilities underground would not be compatible
with the planned development.
(b)
Location, topography, soil, stands of trees or other physical
conditions would make underground installation unreasonable or impracticable.
(c)
The lots to be served by such facilities can be served directly
from existing overhead facilities.
(2)
Associated equipment and facilities which are appurtenant to underground
electric and communications systems, such as, but not limited to,
substations, pad-mounted transformers, pad-mounted sectionalizing
switches and above grade pedestal-mounted terminal boxes may be located
aboveground, except that in areas of residential zoning and development
such equipment shall not be located in any front yard area of property
within the corporate limits of the City of Fond du Lac or property
within the future urban area of the City of Fond du Lac.
[Amended 2-22-1995 by Ord. No. 2772[1]]
(3)
The subdivider or his agent shall furnish proof to the Plan Commission
that such arrangements as may be required under applicable rates and
rules filed with the Wisconsin Public Service Commission have been
made with the owner or owners of such lines or services for placing
their respective facilities underground as required by this subsection
as a condition precedent to approval of the final plat or certified
survey map.
(4)
Temporary overhead facilities may be installed to serve a construction site or where necessary because of severe weather conditions. In the latter case, within a reasonable time after weather conditions have moderated, such temporary facilities shall be replaced by underground facilities and the temporary facilities removed, subject to any exception permitted by the Plan Commission under Subsection A(1)(a), (b) and (c) above.
(5)
Utility easements for electric and communication facilities shall
be provided along the side and rear lot lines of residential and commercial
properties. Utility easements shall be a minimum of 7.5 feet wide,
unless otherwise required, and noted as "utility easements" on the
final plat or certified survey map. Utility easements may be established
along the front lot lines of land to be divided for industrial land
use. Utility easements may be established along the front lot lines
of land to be divided within the area of extraterritorial jurisdiction,
provided that such land is not located within the future urban area
of the City of Fond du Lac.
[Amended 8-28-2002 by Ord. No. 3116[2]]
(a)
Nonmunicipal utilities shall be not sited within the public
right-of-way of the incorporated area of the City or land situated
within the future urban area of the City's extraterritorial jurisdiction,
except where necessary as determined by the City. An easement for
nonmunicipal utilities shall be provided parallel to the street right-of-way
within the front yard area of a lot. Front yard easement width shall
be determined by the City, not to exceed 20 feet.
(b)
Where electric and/or communications facilities are to be installed
underground, utility easements shall be graded to within six inches
of final grade by the subdivider or his agent prior to the installation
of such facilities. Earth fill, piles or mounds of dirt shall not
be stored on easement areas. A note shall be placed on the final plat
or certified survey map stating that the final grade on the utility
easements may not be altered by more than six inches by the subdivider,
his agent or by other subsequent owners of the lots on which such
utility easements are located except with written consent of the utility
or utilities involved.
B.
Lines to be underground in existing plats. Utility lines and services of the kind described in Subsection A constructed in an area which was platted prior to the effective date of this provision and in which such lines and services have not previously been installed shall also be placed underground, subject to the applicable provisions of Subsection A. To implement these provisions all owners of the lots in such platted area shall grant the necessary easements for such lines and services and shall make with the owner or owners of such lines or services such arrangements as may be required under applicable rates and rules filed with the Wisconsin Public Service Commission for the placing of such facilities underground.
C.
Aerial lines to be removed or relocated when existing streets are
paved or repaved. When the City Council has determined by resolution
to pave or repave, with deep strength asphalt, concrete or with a
concrete base and a bituminous surface some certain length of any
existing street, highway or thoroughfare in the City and as part of
such project and for the length thereof to install streetlights of
metal construction which are ornamental in nature, any owner of poles
or aerial wires or cables and associated appurtenances on or along
and within the limits of such street, highway or thoroughfare, upon
the notice described to be given by the Director of Public Works below,
shall at its expense before the expiration of the time provided for
in such notice, remove so much of the aerial facilities described
as it owns within the termini of such project and reconstruct, replacing
facilities if necessary, in a permitted location elsewhere or replace
such existing aerial facilities with underground facilities in such
street, highway or thoroughfare prior to paving or repaving.
(1)
However, it is understood that this requirement shall not apply to:
(a)
Alleys.
(b)
Sections of streets, highways or thoroughfares less than 1,000 feet
in length, except in the area bounded by and including Marr Street,
Merrill Avenue, Western Avenue, Fifth Street and the East Branch of
the Fond du Lac River.
(c)
Aerial electric lines carrying circuits of 12,000 volts or more.
(d)
Aerial facilities which merely cross the street, highway or thoroughfare
to be paved or repaved, nor shall it be construed as prohibiting pad-mounted
transformers, pad-mounted sectionalizing switches and above grade
pedestal-mounted terminal boxes.
(2)
The notice given by the Director of Public Works shall be given as
soon as may be possible and shall include sufficient plans of the
street project to permit the owner or owners of the lines concerned
to plan their work and to procure materials, but in no case shall
the notice require the removal of the aerial facilities described
sooner than nine months from the date thereof.
(3)
Any owner may appeal to the Plan Commission for a rescinding or an
appropriate modification of such requirement for any reason such as
the following, and the Plan Commission shall have the power to rescind
such requirement or to grant or deny any variance therefrom:
(4)
The customers served from such facilities shall at their expense
make any necessary alterations to their service entrance wiring and
equipment as may be necessary to receive such service from the relocated
facilities and shall make such payments to the owner of the facilities
as may be required for relocation of service conductors.
D.
Permits for utility services. Permits shall be obtained from the
Director of Public Works for the installation of new communications,
electric power, gas and other utility lines or services to be located
in the public rights-of-way shown on the final plat or certified survey
map when such rights-of-way are located within the corporate limits
of the City, and any required fee shall be paid before installation
is begun.[3]
The subdivider shall construct sidewalks in accordance with § 568-29 of this Code.
[Amended 7-12-1995 by Ord. No. 2791; 7-25-2001 by Ord. No. 3065; 10-27-2004 by Ord. No. 3227]
The City shall plant one tree at least two inches in diameter
for every 75 feet of lot frontage on all streets. The cost of the
tree and installation shall be assessed to the abutting property owners
at the time of assessment for street construction. If the abutting
property owner has been previously assessed for street construction,
then the cost of the trees and installation shall be paid by the abutting
property owner at the time of application for a building permit. Where
the developer of a subdivision constructs the street, the City shall
install the trees and the cost of the trees and installation shall
be assessed to the developer upon approval of the final plat. The
cost of the trees shall be based on the City bid prices for supply
and planting of specimen tree stock. Installation of trees shall occur
in the year following the construction of 50% of the houses on a street.
The location of trees shall be at the discretion of the City Park
Division. The City Park Division shall, where possible, consult with
property owners in residential districts regarding the final placement
of street trees to coincide with individual landscape plans.
Sites engaging in land disturbing construction activity shall install and maintain construction site erosion and sediment control measures in accordance with the provisions of Chapter 325, Erosion Control and Stormwater Management, of this Code.
