[Amended 2-18-2014 by Ord. No. 2014-1; 9-16-2014 by Ord. No.
2014-9; 2-17-2015 by Ord. No. 2015-3]
A. Contract. The subdivider shall be required to enter into a contract
with the Town for land division improvements agreeing to install improvements
as herein required, provided before final approval of any plat, certified
survey or land division, the subdivider shall enter into a written
contract, termed a "developer's agreement," with the Town. The
contract form shall be drafted by the subdivider's attorney and
may provide for a phasing of public improvements construction, providing
such phasing is approved by the Town Board. The Town reserves the
right to control the phasing through limits and sequence so as to
provide for continuity of streets, sewers, water mains, and other
necessary public improvements within and between the phases.
B. Form and content. The developer's agreement shall be prepared
by the subdivider's attorney, subject to review and recommendation
by the Plan Commission and approval by the Town Board, and including
provisions covering:
(1) The types, engineering specifications, and timing of all public and
certain private improvements associated with the land division;
(2) Approval by the Town Engineer of engineering design plans and of
all contractors performing work on public improvements specified in
such plans prior to the commencement of construction, and limitations
to subsequent changes to such plans and contractors without first
obtaining Town Engineer approval of such changes;
(3) Requirements that the subdivider and its contractors engaged in work
on public improvements be adequately insured for liability arising
from the construction and condition of public improvements, including
indemnification of the Town and its agents in the event of a claim;
(4) Adequate supervision and regulation of construction schedules and
methods;
(5) Inspection and approval of construction details and public improvements
by the Town Engineer following their installation and prior to acceptance
by the Town;
(6) Requirements for dedication and acceptance of public lands and improvements
by the Town;
(7) Guarantees by the subdivider covering construction of all public
improvements, in accordance with Wisconsin Statutes and in such form
agreed to by the Town and subdivider for a term of not less than 14
months following the date of substantial completion, and for an additional
one year after each replacement of any guaranteed work;
(8) Payment of required fees and reimbursement for Town staff and consultant
review time associated with the land division;
(9) Provision by the subdivider for a "record drawing" survey followed
by "record drawing" plans of the construction of the improvements.
These provisions will be made available to the Town and the Town Engineer
prior to Town acceptance of all public improvements, in a hard-copy
format and digital format determined acceptable by the Town Engineer;
(10)
Remedies that the Town may utilize in the event of noncompliance
with the terms of the developer's agreement or this chapter;
(11)
Financial guarantees as provided in the following subsection;
(12)
Landscape planting requirements for landscaped buffer yards;
(13)
Survey monumentation expectations; and
(14)
Such other provisions as may be required by the Town Board to
carry out the intent of this chapter as it applies to the land division.
C. Financial guarantees.
(1) The subdivider shall file with said contract, in such form approved
by the Town Attorney, a bond or letter of credit (which of those forms
of financial guarantee is selected by subdivider) in an amount equal
to 120% of the estimate of the cost of the improvements required by
this chapter to be installed by the subdivider, as determined by the
Town Engineer; said filing of surety shall guarantee that such improvements
initially required to be installed by the developer will be completed
by the subdivider or his contractors not later than 18 months from
the date of recording the final plat or certified survey map. (This
chapter permits some improvements to be installed at a later date.)
When the security is furnished to insure the construction of required
improvements within the extraterritorial jurisdiction of the city,
it may be required to name both the Town and the city as obligees,
payees or beneficiaries.
(2) However, the subdivider may elect, with the approval of the Town,
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 120% of the
estimated costs of improvements required by this chapter to be installed
by the subdivider as required by the installation and construction
schedules pursuant to the requirements of the Town Engineer;
(c)
The developer records deed restrictions approved by the Town
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 Town'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 and stormwater plans and measures, as well as
plans for other construction improvements, are submitted which address
the individual phases of construction and Town requirements and are
approved.
(3) The time limit for completion of a phased improvement program shall
take into account the needs and desires of the Town 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 Town Engineer, upon written request from the subdivider from time to time, is authorized to recommend to the Town Board a reduction in the amount of surety as hereinafter provided. When portions of construction (earthwork, water, sanitary sewer, street, sidewalk, greenway or other improvements) are substantially completed by the subdivider and determined acceptable by the Town Engineer, the Town Board, upon request of the subdivider and upon submission of lien waivers by the subdivider's contractors, shall reduce the amount of surety. The amount of surety remaining shall be equal to the cost in the estimate of the Town Engineer to complete any uncompleted public improvements, plus 10% of the total cost of the completed public improvements, to insure performance of the guarantee as specified in Subsection
E 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 Town Engineer, are valid for noncompletion, the Town Board, upon the request of the subdivider, shall reduce the amount of surety to an amount, in the estimate of the Town Engineer, sufficient to cover the work remaining to be completed, including performance of the one-year guarantee period against defects in workmanship and materials, which amount shall not exceed the applicable limit under § 236.13(2)(a), Wis. Stats. 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 Town Engineer prior to commencing construction.
(5) The subdivider shall agree in the development contract to pay all
Town legal fees, Town engineering fees, Town administrative fees,
street and pertinent assessments, specifically area charges for sanitary
sewer mains and water main assessments, including where the land division
abuts existing streets which are not improved within the Town standard
street improvements (including but not limited to curb and gutter,
local storm sewer, sidewalks and a bituminous pavement).
(6) The subdivider shall ensure that any financial guarantees will include
and abide by any applicable minimum wage requirements under state
law. It is the responsibility of the subdivider to document, account
for, and include any applicable minimum state wage legislation.
D. Waiver of special assessment notice and hearing. The subdivider shall
file with said contract, subject to the approval of the Town 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, Wis. Stats.
E. Improvement guarantee. The subdivider shall include in said contract
an instrument of public improvement guarantee by letter of credit
or performance bond (by a bonding company with assets exceeding $10,000,000
and authorized to do business in the State of Wisconsin) which guarantees
maintenance, repair, replacement by the developer of said public improvements
which deteriorate or fail to meet performance or operating standards
during the bond term/letter of credit term, or any penalties which
may be incurred as a result thereof, equal to 10% of the cost of the
completed public improvements. If, within 14 months after the date
of substantial completion of any public improvement, any work on that
public improvement is found to be defective, the subdivider shall
remove it and replace it with nondefective work in accordance with
written instructions given by the Town Engineer and shall, at subdivider's
cost, provide as-built plans to the Town per § 440-2D of this Code. If the subdivider does not promptly comply
with the terms of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, the Town may cause the
removal and replacement of said defective work and charge all direct,
indirect and consequential costs of such removal and replacement to
the performance bond or improvement guarantee instrument. Thereafter,
any remaining amount, on such performance bond or improvement guaranty
that is not needed by the Town to remedy such defect and fulfill subdivider's
responsibilities, shall be released within the time limits provided
under Ch. 236, Wis. Stats.
Proposed roads shall be installed by the subdivider as outlined on the approved plans based on the requirements of this chapter, particularly §
440-34, as well as Chapter
345, Article
V, Road and Infrastructure Standards.
Where the Town Board determines, upon recommendation from the
Town Engineer, that curb and gutter is required for the proper handling
of stormwater, the subdivider shall construct concrete curb and gutter.
Such improvements shall be in accordance with plans and specifications
approved by the Town Board. The cost of the required curb and gutter
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.
Sidewalks are required for the rights-of-ways of arterial streets
and collector streets, as well as in high traffic areas such as the
vicinity of schools, commercial areas and other areas of public assemblage.
In addition, the Town Board may require sidewalks, pedestrian pathways
and bikeways, upon the recommendation of the Town Engineer, in other
locations where necessary for safe and adequate pedestrian and bicyclist
circulation.
A. Cost of construction. The cost of these improvements, which may include
associated legal/engineering and inspection costs, shall be paid for
by the subdivider. Sidewalks in residential subdivisions shall be
installed within six months of issuance of the lot owner's occupancy
permit.
B. Specifications. All required improvements under this subsection shall
satisfy the design specifications approved by the Town Engineer. The
Town Board shall determine where sidewalks and/or bikeways are required
in accordance with this section.
C. Location. The required sidewalks and bikeways shall conform to Town
specifications as follows:
(1) Sidewalks and bikeways shall normally be located as far from the
traffic lane as is possible, but not closer than six inches to the
right-of-way line. Where as a result of such major obstructions as
large and established trees, steep hills, drainageways, or major utility
lines the construction costs of the sidewalk or bikeway in its normal
location would be prohibitive, sidewalks or bikeways may be located
elsewhere within the road right-of-way or within an easement, with
the approval of the Town Engineer.
(2) Sidewalks and bikeways constructed at street intersections or within
five feet of a legal crosswalk shall include provisions for curb ramping
as required by § 66.0909, Wis. Stats., and in accordance
with Town standards.
(3) In all cases where the grades of sidewalks or bikeways have not been
specifically fixed by ordinances, the sidewalks and bikeways shall
be laid to the established grade of the street [reference § 66.0907(2),
Wis. Stats.].
D. Bikeways.
(1) Bikeways shall be designed to serve both pedestrian and bicycle traffic
in areas where the majority of the adjoining lots do not have frontage
or access to the street, are not being served by a bikeway, or in
high traffic areas. In general, those lots that do not front or have
access on the street in question are not the generating or terminating
point for the pedestrian or bicycle traffic.
(2) More specifically, bikeways shall be designed to transport the majority
of pedestrian or bike traffic through the area as opposed to serving
the adjoining lots as a sidewalk does.
(3) Bikeways shall not be installed in lieu of sidewalks. However, where
permitted by Town ordinance, persons may ride a bicycle upon public
sidewalks.
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, if requested by the
owner of such adjacent agricultural land when the preliminary plat
is approved. 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, if required.
When any public improvements of adequate capacity are not available
at the boundary of a proposed land division, the Town or appropriate
sanitary district 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 §
440-36.
The subdivider shall be required to grade the full land division in accordance with the requirements of §
440-39.