A.
General requirement.
(1)
In accordance with the authority granted by § 236.13, Wis.
Stats., the City of Princeton hereby requires that, as a condition
of final plat or certified survey approval, the subdivider agree to
make and install all public improvements required by this chapter
and that 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.
B.
Financing of improvements.
(1)
The required public improvements shall be installed by the subdivider
at his/her cost; or
(2)
Petition; agreement.
(a)
The subdivider may petition the City for the installation of
the required public improvements through the Special Assessment B
Bond process as provided for in § 66.0713(4), Wis. Stats.,
or another acceptable special assessment process with the special
assessments being payable at the time of lot sale, payable in a maximum
of seven annual installments together with interest.
(b)
The City may enter into a recapture agreement with the subdivider
agreeing to require payment of recapture costs of public improvements
from those properties benefitting from the improvements. The City
shall prohibit development on those properties until payment has been
made. The subdivider may contract directly with adjacent property
owners and/or subdividers of adjacent land for reimbursement of the
oversized and/or off-site improvements constructed.
(c)
In addition to the above, the City may enter into an agreement
to reimburse the subdivider, at the end of the seven-year period,
for his/her cost (at the time of construction) of those oversized
improvements constructed within the proposed land division, but which
are oversized to serve lands beyond the boundaries of the land division
or other lands within the subdivider's control, and which have
not, during the seven-year period, been reimbursed to the subdivider.
Said payment shall be only for the actual additional cost of constructing
the oversized improvements within the boundaries of the land division
and shall not provide for payment of any interest. The City shall
then establish special assessments against those benefitting properties
outside the proposed land division boundaries or the subdivider's
control for those costs. To be eligible to proceed under this provision,
the land division must occur within development areas identified in
the City's Comprehensive Plan or other adopted comprehensive
development or public facilities plan.
(3)
Any workable combination of the above may be determined by the Common
Council as acceptable.
(4)
If the City finds that City construction of such public improvements
would not be warranted as a special assessment to the intervening
properties, or as a governmental expense until some future time, the
developer shall be required, if he/she wishes to proceed with the
development, to obtain necessary easements or right-of-way and construct
and pay for such public improvement extensions.
C.
General standards. The required public improvements 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 established engineering practices, approved prior to the start
of construction by the City Engineer. When new or revised standards
and/or specifications have been adopted by the City, work on public
improvements not begun within 18 months of the date of final plat
adoption shall be made to the new or revised standards and/or specifications.
The City Engineer shall review and approve the construction plans,
specifications and calculations for the construction of the required
public improvements.
D.
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.
Contract. At the time of approving a final plat, the subdivider shall
be required to enter into a contract with the City for land division
improvements agreeing to install improvements assigned to the subdivider
under this chapter. The contract form shall be provided by the City
and may provide for a phasing of public improvements construction,
providing such phasing is approved by the Common Council. The City
reserves the right to control the phasing through limits, sequence,
and/or additional surety so as to provide for continuity of streets,
sewers, water mains, and other necessary public improvements within
and between the phases.
B.
Financial guarantees.
(1)
The subdivider shall file with said contract, subject to the approval
of the City Attorney, a bond, a certificate of deposit, irrevocable
letter of credit or certified check in an amount equal to 110% of
the estimate of the cost of the subdivider's obligations under
this chapter prepared by the City Engineer as surety to guarantee
that such improvements will be completed by the subdivider or his/her
contractors not later than 18 months from the date of recording the
plat or certified survey map. When a certificate of deposit or certified
check is posted as security, the instrument must be negotiable by
the City. When a letter of credit is posted as security, the City
must be the beneficiary.
(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 110% of the
estimated costs of improvements next required by the installation
and construction schedules. Improvements constructed during the first
stage and each successive stage of construction shall not be accepted
nor shall any building permit be issued for construction within the
completed area of the subdivision or comprehensive development until
the security required for the next stage of construction has been
posted with the City;
(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 City Engineer, 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 City Engineer, the City Administrator/Clerk-Treasurer is authorized, upon submission of lien waivers by the subdivider's contractors, to reduce the amount of surety. The amount of surety may be reduced at the time all underground utilities are installed and tested. The amount of surety remaining shall be equal to 110% of the estimate of the City Engineer of costs of work remaining to be completed and accepted and to insure performance of the one year guarantee as specified in Subsection C 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 City Engineer are valid for noncompletion, the City Administrator/Clerk-Treasurer is authorized to accept a reduction in the amount of surety to an amount in the estimate of the City Engineer, 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 City Engineer 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.
Improvement guarantee. The subdivider shall include in said contract
an instrument of public improvement guarantee by irrevocable letter
of credit, certified check, cash escrow deposit, or performance bond
whereby a bonding company (with assets exceeding $10,000,000 and authorized
to do business in the State of Wisconsin) 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, or any penalties which may be incurred as a result
thereof, equal to 15% of the City Engineer's estimate of the
cost of the public improvements. If within one year after the date
of final acceptance of any public improvement by the Common Council
(or such longer period of time as may be prescribed by laws or regulations
or by the terms of any special guarantee required by the terms of
said contract as may be necessary due to the phasing of the construction
of public improvements), any work on any 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 City Engineer. 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 City 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.
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. All survey monumentation located adjacent to street
or public rights-of-way, but not located within street pavement, shall
be protected with steel fence posts erected near the survey monumentation.
The City Engineer may waive the placing of monuments for a reasonable
time during public improvement construction on condition that the
subdivider executes a surety to insure the placing of such monuments
within the time required. On behalf of the City, the City Administrator/Clerk-Treasurer
is authorized to accept such surety bonds and contracts for monumentation
in an amount approved by the City Engineer. 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 an established 1/2, 1/4, 1/4-1/4,
or other such section monument, the established monument shall be
preserved and/or fully restored by the subdivider at his/her cost.
A.
Engineering reports, construction plans and specifications. As required by § 415-11, engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the final plat. At the final plat stage, construction plans for the required improvements conforming in all respects with the standards of the City Engineer 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/her seal. Such plans, together with the quantities of construction items, shall be submitted to the City Engineer for his/her approval and for his/her 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 Administrator/Clerk-Treasurer 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 170, Erosion and Stormwater Runoff Control, of the Code of the City of Princeton, if applicable.
(6)
Planting plans showing the locations, age, caliper, species and time
of planting of any required grasses, vines, shrubs and trees.
(7)
Master site grading plan. Showing existing and proposed lot corner
elevations, top of curb elevations, building location and proposed
first floor building elevation, and shall show control and direction
of drainage for each lot within the subdivision and for drainage adjacent
to the plat.
(8)
Additional special plans or information as required by City officials.
B.
Action by the City Engineer. The City Engineer 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 City Engineer and approved by
the Common Council. If the City Engineer rejects the plans and specifications,
he/she shall notify the owner, who shall modify the plans or specifications
or both accordingly. When the plans and specifications are corrected,
the City Engineer 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
City Engineer 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, and the developer has furnished lien waivers
for all contractors.
(2)
During the course of construction, the City Engineer shall make such
inspections as he/she or the Common Council deems necessary to insure
compliance with the plans and specifications as approved. The City
shall have full-time inspections during construction phases. 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. The engineering
costs will be per the engineering agreement.
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 Administrator/Clerk-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 one Mylar and three blue line plan sets showing
the actual recorded location of all valves, manholes, stubs, sewers
and water mains and such other facilities as the City Engineer 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.
Streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 415-39 and 415-40, shall be constructed as follows:
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 City Engineer
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, at
his/her cost, shall install monuments placed in accordance with the
requirements of Ch. 236, Wis. Stats. All survey monumentation located
adjacent to street or public rights-of-way, but not located within
street pavement, shall be protected with steel fence posts erected
near the survey monumentation. The City Engineer 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 Administrator/Clerk-Treasurer is authorized to accept such
surety bonds and contracts for monumentation in an amount approved
by the City Engineer. 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 an 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/her cost.
E.
Street construction. After the installation of all required utility
and stormwater drainage improvements, the subdivider shall prepare
for surfacing all roadways, installing curb and gutter, 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 City Engineer. 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
City Engineer.
A.
In all subdivisions, the Common Council may require the construction
of concrete curb and gutters in accordance with plans and standard
specifications approved by the Plan Commission, upon recommendation
of the City Engineer. The City shall install all curb and gutters
for roadway pavement on the established street and highway system.
The cost of curb and gutter will be paid for by the developer in accord
with City policy. These costs will be placed as a special assessment
against the property.
B.
Suitable concrete curb and gutter shall be constructed along the
outside edge of all street pavements. Curb and gutter in residential
areas shall have a six-inch barrier curb with a twenty-four-inch flag,
except at driveway aprons where depressed curb shall be constructed.
Depressed curb ramps shall be constructed at all handicap ramps for
sidewalks and at all bikeways. Said curbs and gutters shall be constructed
of concrete, 3500 PSI strength at seven days, and contain three continuous
one-half inch diameter deformed steel reinforcing rods 10 feet long,
six inches on center in the gutter flag at locations crossing underground
utility excavations or where otherwise directed by the City Engineer.
Expansion joints three-fourths inch thick shall be placed in the curb
at each starting and ending of a radius, three feet at each side of
inlets, and at intervals not exceeding 250 feet and where otherwise
directed by the City Engineer. The bars shall be provided where curb
and gutter is adjacent to rigid pavements.
C.
Contraction joints shall be tooled, saw cut, or formed by insertion
of a metal plate in the concrete at intervals not exceeding 12 feet.
A.
Where required.
(1)
In all new subdivisions and additional areas where required by the Common Council, the construction of all sidewalks shall be in accordance with plans and standard specifications approved by the City Engineer and in compliance with § 322-5 of Chapter 322, Article II, of the Code of the City of Princeton.
(2)
The cost of sidewalk will be paid for by the developer or property
owner in accord with City policy. These costs will be placed as a
special assessment against the property.
B.
Extra-sized sidewalks. Wide-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,
for safe and adequate pedestrian circulation.
C.
Location.
(1)
The subdivider shall be required to provide sidewalks and bikeways
where required by the City's sidewalk Master Plan, at City specifications
as follows: 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 street right-of-way, or within an
easement, with the approval of the City Engineer. 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 City standards.
In all cases where the grades or sidewalks or bikeways have not been
specifically fixed by ordinance, the sidewalks and bikeways shall
be laid to the established grade of the street [Ref. § 66.0907(2),
Wis. Stats.]. In areas where sidewalks and bikeways are to be laid
to the established grade of the street, the street edge of the sidewalk
or bikeway pavement shall be at an elevation above the top of the
curb determined by a slope of a minimum of 1/4 inch per foot up to
a maximum of 3/4 inch per foot times the distance between the curb
and the street sidewalk or bikeway edge. The sidewalk or bikeway pavement
shall be sloped at a minimum of 1/4 inch per foot and a maximum of
3/4 inch per foot toward the street, unless public drainage is available
behind the sidewalk or bikeway.
(2)
Sidewalks in street rights-of-way shall be specifically intended
to serve adjacent lots and the pedestrian traffic generated from and
to those lots.
D.
Bikeways.
(1)
Bikeways shall be intended 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 or are not being served by the bikeway. In
general, those lots which 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 City ordinance, persons may ride a bicycle upon public
sidewalks.
E.
Location determination. The Common Council shall determine where
sidewalks and/or bikeways are required in accordance with this section.
A.
When the proposed subdivision or certified survey map is located
within the adopted sanitary sewer service area of the City of Princeton,
sanitary sewerage facilities shall be constructed in such a manner
as to make adequate sanitary sewerage service available to each lot
within the subdivision. In addition:
(1)
The City shall install sewer laterals to the street lot line for
residential lots.
(2)
The size, type, and installation of all sanitary sewers and sanitary
laterals proposed to be constructed shall be in accordance with plans
and specifications approved by the Common Council, upon recommendation
of the City Engineer. The latest revision of the "Standard Specifications
for Sewer and Water Construction in Wisconsin" shall govern all work.
All sanitary sewer and sanitary sewer lateral trenchers within proposed
streets shall be back filled with granular material meeting the requirements
of the "Standard Specifications." However, upon written approval of
the City Engineer, the trenches may be back filled with excavated
material, meeting the requirements of the "Standard Specifications."
If excavated material is allowed for backfill, it shall be compacted
by mechanical methods, meeting the approval of the Common Council,
upon the recommendation of the City Engineer.
(3)
The City shall install all sanitary sewers, sewer laterals, and sewer
appurtenances within the proposed subdivision.
B.
The cost of sanitary sewer mains will be shared by the property owners
on either side of the street the main is laid according to the sewer
utilities policies. The cost of sewer laterals will be paid entirely
by the subdivider or landowner. These costs will be placed as a special
assessment against the property.
C.
Sanitary sewers, including all related items (manholes, lift stations,
wyes, tees, stubs for future extensions, etc.), shall be installed
meeting the specifications and requirements of the City.
D.
Sanitary sewers shall be constructed in such a manner as to make
adequate sanitary sewerage service available to each lot within the
subdivision. Where public sanitary sewers of adequate capacity are
determined by the City Engineer to be available, extensions of the
public sanitary sewer system shall be made so as to provide sewer
service to each lot. Gravity sanitary sewers shall be extended to
the land division and to each buildable lot as approved by the City
Engineer. Sewerage service lines of the sizes and materials required
by the Plumbing Inspector 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. 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 City Engineer. Where sanitary sewers are located within
the floodplain, sanitary manholes shall be floodproofed.
E.
The ends of the services for each lot shall be accurately measured
and recorded with the City Engineer and marked in the field with appropriate
staking.
A.
When the proposed subdivision or certified survey map is located
within the adopted water service area of the City of Princeton, or
when it is proposed to establish a private water supply and distribution
system to serve two or more lots, the water supply and distribution
facilities shall be installed in such a manner as to make adequate
water service available to each lot within the subdivision. The subdivider
shall make provision for adequate private water systems, where permitted,
as required by the City in accordance with the standards of the Wisconsin
Department of Natural Resources. In addition:
(1)
The City shall install water laterals to the street lot line.
(2)
The size, type and installation of all public water mains proposed
to be constructed shall be in accordance with plans and standards
specifications approved by the Common Council, upon the recommendation
of the City Engineer.
(3)
The City shall install all water mains, water laterals, and water
system appurtenances within the proposed subdivision.
(4)
The cost of water mains will be shared by the property owners on
either side of the street the main is laid according to the water
utility policies. The cost of water laterals will be paid entirely
by the subdivider or landowner. These costs will be placed as a special
assessment against the property.
B.
Water mains shall be constructed in such a manner as to make adequate
water service available to each lot within the land division. Extensions
of the public water supply system shall be designed so as to provide
public water service to each lot and required fire flow protection
to each hydrant. 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 City Engineer.
A.
Pursuant to § 415-43, stormwater drainage facilities shall be installed 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 City Engineer.
B.
The City shall install all storm sewers within the proposed subdivision.
The entire cost of installation of storm sewers shall be paid for
by the City.
C.
Only where sump pumps are required, storm sewer laterals of the sizes
and materials required by the Director of Public Works or City Engineer
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 run-off 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 City Engineer.
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 City 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.
Guarantee of maintenance; notification of work.
(1)
In so far as possible, all utilities, including but not limited to
natural gas, telephone, cable TV, electric, and water shall be installed
underground with an affidavit by the subdivider that the maintenance
of said public improvements will be guaranteed by the subdivider due
to use of the improvements by purchasers and construction traffic.
(2)
Prior to any maintenance, repair or replacement being performed by
the developer during the bond period, it shall notify the City Engineer
at least three work days prior to the doing of the work and obtain
approval of the City Engineer as to the nature and manner of work
to be done.
B.
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 because topography, soil, water table, solid rock,
boulders, or other physical conditions would make underground installation
unreasonable or impractical.
C.
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 Director of
Public Works.
A.
Streetlighting. The City shall 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 at each
street intersection and at such interior block spacing as may be required
by the Director of Public Works or City Engineer. All the costs associated
with the installation and maintenance of street lamps will be paid
for by the City.
B.
Street trees. Street trees shall be planted throughout all residential
land divisions. Such trees shall be planted in the parkways equidistant
between the sidewalks and curb, or in street tree easements, and no
closer than five feet from any sanitary sewer service, water service,
or driveway apron. The City shall let contracts for planting of street
trees. At street corners, trees shall be located at least 25 feet
from the intersection of right-of-way lines. A fee of $25 per residential
lot shall be collected for a street tree at the time a building permit
is issued for the initial construction of the residence. The fee shall
be placed into a City Forestry Fund to be used for the planting of
new street trees in the neighborhood in which the residence is located.
A.
The City shall 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 Director of Public Works until the street improvements have
been accepted by Common Council resolution.
B.
The Director of Public Works shall have the authority to impose any
restrictions to traffic on street improvements not yet accepted by
the City as he/she may deem necessary to protect the improvements
from damage and to protect the safety of the public. Such restrictions
shall include, but not be limited by enumeration to, weight restrictions,
street closings, access restrictions, or the posting of temporary
traffic control measures. All the costs associated with the installation
and maintenance of street signs will be paid for by the City.
A.
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.
B.
The subdivider shall plant those grasses, trees, and vines, a species
and size specified by the Common Council, necessary to prevent soil
erosion and sedimentation. In addition:
(1)
The Common Council may require the subdivider to provide or install
certain protection and rehabilitation measures, such as fencing, sloping,
seeding, riprap, revetments, jetties, clearing, dredging, snagging,
drop structures, brush mats, willow poles and grade stabilization
structures.
(2)
Tree cutting and shrubbery clearing shall not exceed 50% of the lot
or tract and shall be so conducted as to prevent erosion and sedimentation,
preserve and improve scenic qualities, and during foliation, substantially
screen any development from stream or lake users.
(3)
Paths and trails in wooded and wetland areas shall not exceed 10
feet in width unless otherwise approved by the Common Council, and
shall be so designed and constructed as to result in the least removal
and disruption of trees and shrubs, and the minimum impairment of
natural beauty.
(4)
Earthmoving, such as grading, topsoil removal, mineral extraction,
stream course changing, road cutting, waterway construction or enlargement,
removal of stream or lake bed materials, excavation, channel clearing,
ditching, drain tile laying, dredging, and lagooning, shall be so
conducted as to prevent erosion and sedimentation and to least disturb
the natural fauna, flora, watercourse, water regimen and topography.
(5)
Review of the conduct of such cutting, clearing and moving may be
required of the Green Lake County Zoning Department, the State District
Fish and Game Managers, and the State District Forester by the City
Engineer, Common Council, or Plan Commission as they deem appropriate.
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 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.
C.
Easement locations.
(1)
Utility easements shall be at least 12 feet wide, or wider where
recommended by the City Engineer, 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 Common Council and/or
Plan Commission 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/her,
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 § 415-21A.
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 City Engineer'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 City Engineer 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
City Engineer, 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 City Administrator/Clerk-Treasurer 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 Administrator/Clerk-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 City Engineer shall conduct any necessary final inspections
of the improvements and forward a report to the City Administrator/Clerk-Treasurer
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 City Engineer, together with the recommendation
of the City Administrator/Clerk-Treasurer, shall be forwarded to the
Common Council for approval and acceptance of the improvements and
dedications.
The subdivider shall be required to grade the full land division in accordance with the requirements of § 415-45. The entire cost of grading will be paid for by the City. All street project that will require grading must be requested for one year in advance of the actual work to be done so the funds can be budgeted for.
