[Amended 12-15-2014 by Ord. No. 2014-13]
A. 
General requirement. The subdivider is responsible for providing all public and private improvements as may be required under this chapter and/or the Village's approval. This requirement does not apply to land divisions within the Village's extraterritorial jurisdiction.
B. 
Options.
(1) 
The required public improvements shall be installed by the subdivider at his/her cost or:
(a) 
The subdivider may petition the Village 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 Village 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 Village 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 oversize and/or off-site improvements constructed.
(c) 
In addition to the above, the Village 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 Village 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 areas identified in the Village's Comprehensive Plan or other adopted comprehensive development or public facilities plan.
(2) 
Any combination of the above as approved by the Village Board.
(3) 
If the Village finds that Village 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 rights-of-way and construct and pay for such public improvement extensions as provided under Subsection B(1) or (2) above.
C. 
Tax incremental districts. The requirement of installation, by the subdivider, of the various improvements specified in this chapter shall be subject to appropriate modification by vote of the Village Board in the event that all or any part of the area encompassed by the plat is included within an established tax incremental district (TID) with an adopted project plan.
D. 
Construction standards. The required public improvements shall be installed consistent with the engineering standards and specifications adopted by the Village Board. Where standards and specifications have not been adopted, the improvements shall be made consistent with established engineering practices as approved by the Village Engineer. When new or revised standards and/or specifications have been adopted by the Village Board, 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 and calculations for the construction of the required public improvements.
E. 
Commencement of work. No construction or installation of any public or private improvement or any land disturbing activity shall commence until after:
(1) 
The Village Board approves the preliminary plat or preliminary certified survey map;
(2) 
The subdivider complies with those conditions of approval which must be satisfied before the commencement of work as enumerated in this chapter and/or the Village Board's approval;
(3) 
The Village Engineer approves all required plans or permits, including construction plans for streets, sidewalks, water supply facilities, sanitary sewerage facilities, stormwater management, grading, and erosion/sediment control; and
(4) 
The subdivider obtains all other approvals from other authorities as may be required to undertake the construction or installation of any public or private improvement or any land disturbing activity.
F. 
Completion of work. Prior to submitting a final plat or final certified survey map for review, all public and private improvements shall be completed by the subdivider and approved by the Village Engineer. Upon petition by the subdivider, the Village Board may allow the subdivider to provide a cash bond or a letter of credit to secure the installation of any required public and/or private improvement, provided that the subdivider's agreement for the project addresses the use and administration of the cash bond or letter of credit. The cash bond or a letter of credit shall be equal to 115% of the estimated cost of improvements and other fees, costs, and other money as determined by the Village Engineer. The Village Engineer may from time to time adjust the amount of estimated costs of said improvements, and within 30 days of written notice of said change the subdivider shall increase the financial security by that amount or any other amount acceptable to the Village Board. As the required improvements are installed and accepted or for other purposes, the Village Board may authorize reductions of the financial security in the amount deemed appropriate.
G. 
Approval of contractors and subcontractors required. Contractors and subcontractors retained by the subdivider to construct or install public improvements and use or to prepare contracts and contract specifications for such improvements shall be subject to the approval of the Village Engineer.
H. 
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.
[Amended 12-15-2014 by Ord. No. 2014-13]
A. 
Letter of credit. If a subdivider provides a letter of credit under this chapter, it shall be irrevocable and the Village will not be obligated to pay interest thereon. The form of the letter of credit is subject to the approval of the Village Attorney and the amount of the letter of credit is subject to the approval of the Village Engineer. A letter of credit is not accepted by the Village until formal action by the Village Board. The bank, savings and loan, or other financial institution issuing the letter of credit must be authorized to do business in the State of Wisconsin and have a financial standing acceptable to the Village Board. The provision of a letter of credit shall in no event remove the burden of completing any improvement covered by such letter of credit.
B. 
Cash bond. If a subdivider provides a cash bond under this chapter, the Village will not be obligated to pay interest thereon. Any such cash bond shall remain in the custody of the Village. The amount of the cash bond is subject to the approval of the Village Engineer. A cash bond is not accepted by the Village until formal action by the Village Board. The provision of a cash bond shall in no event remove the burden of completing any improvement covered by such cash bond. The subdivider shall pay a fee to the Village to compensate the Village for the additional work required of the Village Clerk-Treasurer to monitor and handle the cash deposit. The amount of such fee shall be set by the Village Board from time to time by resolution.
[Amended 12-15-2014 by Ord. No. 2014-13]
A. 
Submittal and review of construction plans. As required by § 495-23, the Village Engineer shall review and approval all construction plans for public improvements before any work commences on such improvements or any land altering activity is begun. Such construction plans shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin. All plans submitted for review shall bear the seal of the engineer preparing such plans. The engineer shall submit specifications and supporting calculations as required by the Village Engineer to enable him/her to review the plans. The Village Engineer shall review the plans 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 a construction plan, he/she shall notify the subdivider of any deficiencies. When the deficiencies are corrected to the satisfaction of the Village Engineer, he or she shall notify the subdivider.
B. 
Construction and inspection. During the course of construction, the Village Engineer shall make such inspections as he/she or the Village Board deems necessary to ensure compliance with the plans and specifications as approved. The subdivider shall pay the actual cost incurred by the Village for such inspections. This fee shall pay the actual cost to the Village of inspectors, engineers, and other parties necessary to ensure satisfactory work.
C. 
Corrective actions. If prior to final acceptance the Village Engineer determines that any aspect of any public improvement is defective, is not completed in a good worker-like manner, or does not comply with approved plans, the subdivider shall correct such deficiency in a timely manner.
D. 
Certification by Village Engineer. The Village Engineer shall provide a written report to the Plan Commission and the Village Board when he or she determines that all public improvements comply with this chapter and approved plans and have been completed in a good worker-like manner. The report shall also document any corrective actions taken by the subdivider.
E. 
Record plans. After completing the public improvements and prior to final acceptance of said improvements, the subdivider shall provide the Village with two copies of record plans showing the as-built location of all valves, manholes, stubs, sewers, water mains, and such other facilities the Village Engineer may 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. Such plans shall be filed with the Village Clerk-Treasurer.
The subdivider shall construct streets, roads, and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 495-43 and 495-44.
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.
(1) 
Construction of all streets shall conform to the current standards as established by the Village in this chapter and elsewhere and shall be subject to approval of the Village Engineer before acceptance.
(2) 
After the installation of temporary block corner monuments by the subdivider and establishment of street grades by the Board, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications reviewed and approved by the Village Engineer. The subdivider shall grade the roadbeds in the street rights-of-way to subgrade.
(3) 
After the installation of all utility and stormwater drainage improvements, the subdivider shall surface all roadways in streets proposed to be dedicated to the widths prescribed. Said surfacing shall be done in accordance with plans and standard specifications reviewed and approved by the Village Engineer. The cost of surfacing in excess of 36 feet (face to face of curb width) that is not required to serve the needs of the subdivision shall be borne by the Village. In any case, all streets shall have, as a minimum, a three-inch blacktop mat (bituminous concrete pavement).
C. 
Conform to Official Map. The arrangements, width, grade and location of all streets shall conform to the Official Map.
D. 
Survey monumentation. See § 495-42.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Street construction. After the installation of all required utility and stormwater drainage improvements, the subdivider shall prepare for surfacing all roadways 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 Village Engineer. Construction shall be to Village standard specifications for street improvements.
F. 
Street cross sections. When permanent street cross sections have been approved by the Village, 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 Village Engineer.
After the installation of all utility and stormwater drainage improvements, the subdivider shall construct concrete curbs and gutters or, if approved by the Village, a system of ditches and culverts. The subdivider shall install concrete curb and gutter along both sides of all streets and boulevards shown on the plat. The cost of the curb and gutter and required 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. The cost of installation of all inside curbs and gutters for dual roadway pavements shall be borne by the Village.
A. 
Specifications. All required sidewalks shall satisfy the design specifications in § 423-5 of the Village of East Troy Code. The Village Engineer and Village Board shall determine where sidewalks and/or bikeways are required in accordance with this section.
B. 
Extra-sized sidewalks. Wider than standard sidewalks may be required by the Village Board in the vicinity of schools, commercial areas, and other places of public assemblage, and the Village Board may require the construction of sidewalks in locations other than required under the preceding provisions of this chapter if such walks are necessary, in its opinion, for safe and adequate pedestrian circulation.
C. 
Location. The subdivider shall be required to provide sidewalks and bikeways to Village 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 major obstructions, such 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 Village 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 Village standards.
(3) 
In all cases where the grades of sidewalks or bikeways have not been specifically fixed by ordinance, the sidewalks and bikeways shall be laid to the established grade of the street. (Reference: § 66.0907, 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 bikeways, or in high traffic areas. 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 Village ordinance, persons may ride a bicycle upon public sidewalks.
E. 
Construction standards. Bikeways shall be constructed according to § 495-44.
A. 
Specifications. All required sanitary sewerage systems shall satisfy the design specifications in Chapter 400, Sewers, of the Village of East Troy Code.
B. 
Provision. There shall be provided a sanitary sewerage system to all lots, approved by the Village Engineer. The subdivider shall install adequate sanitary sewer facilities and connect them to Village sewer mains subject to specifications and inspection by the Village Engineer. All sanitary sewers shall be in accordance with Ch. NR 110, Wis. Adm. Code. The subdivider shall pay all the costs of all sanitary sewer work, including the bringing of the sanitary sewer of adequate capacity and depth from where it exists to the land division in question, as well as providing all sanitary sewer work within the land division. Such required improvements shall be dedicated to the Village upon such terms and conditions as the Village Board may determine. If, at the time of final platting, sanitary sewer facilities are not available to the plat but will become available within a period of 10 years from the date of plat recording, the subdivider shall install or cause to be installed sanitary sewers and sewer laterals to the street lot line in accordance with this section and shall cap all laterals as may be specified by the Village Engineer. In addition, the subdivider shall extend sanitary sewer facilities to the limits of the subdivision property lines, unless the Village Board determines that the land adjacent to the subdivision is unlikely to require public sanitary sewer service within said time. Any oversizing of sanitary sewer facilities required by the Village and the recovery of costs associated with that oversizing shall be addressed in a development agreement.
[Amended 8-19-2019 by Ord. No. 2019-06]
C. 
Installation. Sanitary sewers, including all related items (manholes, laterals, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the Village. The size, type, and installation of all sanitary sewers and laterals (including such lift stations as may be necessary) proposed to be constructed shall be in accordance with plans and standard specifications prepared by the Village Engineer. Installation shall be required across the entire length of each lot. Where sewers larger than 12 inches in diameter or deeper than 12 feet of cover are required solely to serve areas outside the subdivision, the landowner shall be responsible only for the costs of installing a twelve-inch sewer of the sewers necessary to serve the area within the subdivision. The difference in the costs of the sewers necessary to serve the subdivision and the costs of the sewers actually installed, as determined by the Village Engineer, shall be borne by the developer, with the right of recoupment from property owners or developers of the areas served outside the subdivision, without inflation or interest adjustment in the recoupment amount.
D. 
Construction standards. The subdivider shall construct sanitary sewers in 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 Village 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 in accordance with Village comprehensive sanitary sewer plans as determined by the Village Engineer. Sewerage service lines of the sizes and materials required by the Village Engineer shall be installed from the sanitary sewers to the property line of every lot in the subdivision. 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 Village Engineer. All sanitary sewer facilities shall be floodproofed.
E. 
The ends of the services for each lot shall be accurately measured and recorded with the Village Engineer and marked in the field with appropriate staking.
A. 
Specifications. All required water supply systems shall satisfy the design specifications in Chapter 475, Water, of the Village of East Troy Code.
B. 
Provision. There shall be provided a water supply system in all areas to be served by public sanitary sewer. The subdivider shall install and connect Village water to serve all lots subject to specifications and inspection by Village utilities and the State of Wisconsin. Such required improvements shall be dedicated to the Village upon such terms and conditions as the Village Board may determine. The subdivider shall pay all costs of connecting adequate Village water, including bringing water supply facilities from where they exist to the land division in question, providing all water works within the land division, and looping the water supply facilities in all locations deemed important and financially feasible by the Village Engineer. In addition, the subdivider shall extend water supply facilities to the limits of the subdivision's property lines, unless the Village Board determines that the land adjacent to the subdivision is unlikely to require public water service within a period of 10 years from the date of the plat recording. The subdivider shall provide for a minimum water main diameter of eight inches and the location of public fire hydrants along the public streets at not greater spacing than 450 feet for residential areas or 600 feet for commercial areas. Fire hydrants which have not passed testing or have not been in operation shall be covered with securely attached bags to preclude their being inadvertently used by the Fire Department in an emergency situation. Any oversizing of water supply facilities required by the Village and the cost associated with that oversizing shall be addressed in a development agreement.
[Amended 8-19-2019 by Ord. No. 2019-06]
C. 
Installation. The subdivider shall be responsible for the installation, and cost thereof, of public water supply facilities. Plans for such water facilities shall be approved by the Village Engineer. Supervision and engineering fees shall be paid for by the subdivider. Where water mains larger than 12 inches in diameter are required solely to serve areas outside the subdivision, the landowner shall be responsible only for the costs of the water mains necessary to serve the area within the subdivision installing a twelve-inch water main. The difference in the costs of the water mains necessary to serve the subdivision (twelve-inch water mains) and the costs of the water mains actually installed, as determined by the Village Engineer, shall be borne by the developer, with the right of recoupment from property owners or developers of the areas served outside the subdivision, without inflation or interest adjustment in the recoupment amount. Installation shall be required all the way across each lot.
D. 
Construction standards. The subdivider shall construct water mains 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 Village Engineer. The rules of the Village's utilities on file with the Wisconsin Public Service Commission are hereby adopted by reference and made a part hereof as though fully set forth herein.
A. 
Pursuant to § 495-47, the subdivider shall provide stormwater drainage facilities which include curb and gutter, manholes, lift stations, 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 Village Engineer. Such required improvements shall be dedicated to the Village upon such terms and conditions as the Village Board may determine.
B. 
If greater than thirty-six-inch diameter storm sewers are required to handle the contemplated flows, the cost of such larger sewers shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewer. The subdivider shall assume his/her prorated costs, with the excess either borne by the Village or assessed against the remaining tributary drainage area.
A. 
Specifications. All other required utilities shall satisfy the design specifications in § 289-7 and Chapter 475 of the Village of East Troy Code.
B. 
Submittal of plans to utility companies. 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 provided by the appropriate private utilities.
C. 
Installation.
(1) 
The subdivider shall cause natural 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. The subdivider shall provide an affidavit 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) 
All new natural gas, electric power, cable television, and telephone facilities shall be installed underground unless the Village Board, upon the recommendation of pertinent Village utilities or the Plan Commission, specifically allows overhead poles for the following reasons:
(a) 
Topography, soil, water table, solid rock, boulders or other physical conditions would make underground installation unreasonable or impractical; or
(b) 
The lots to be served by said facilities can be served directly from existing overhead facilities.
D. 
Required maintenance. Prior to any maintenance, repair, or replacement being performed by the subdivider during the bond period, the subdivider shall notify the Village Engineer at least one workday prior to the doing of the work and obtain approval of the Village Engineer as to the nature and manner of work to be done.
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 Engineer.
A. 
The subdivider 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 Village Engineer or Director of Public Works until the street improvements have been accepted by Village Board resolution.
B. 
The Director of Public Works shall have the authority to impose any restrictions on traffic on street improvements not yet accepted by the Village 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.
The subdivider shall cause all grading, 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.
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, utilities, 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. All such utilities shall be installed underground, as required in § 495-32.
B. 
Drainage easements. Drainage easements shall comply with the requirements of this section.
C. 
Easement locations.
(1) 
Utility easements shall be at least 15 feet wide, unless the utilities, in writing, approve a narrower width, 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 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 plats or certified survey maps for poles, cables, or conduits for electricity, telephone, or other private utility lines shall be noted thereon as "Utility Easements." 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 by the subdivider 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 Village, or its duly authorized representative, may 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-site improvements. Except as provided in Subsections C and D below, 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 options as identified in § 495-23.
C. 
Extra-sized sewer improvements. The subdivider or developer shall assume the cost of installing all sanitary sewerage system improvements and facilities within the land division or development, including the cost of any required boundary or cross land division sewer main, except for added material cost of installing oversized sewers greater than 12 inches in diameter, which are necessary to serve tributary areas lying outside the proposed land division or development. The Village shall credit or reimburse the subdivider or developer, as appropriate, for the reasonable material costs of such required oversizing. The Village Board may determine, on a case-by-case basis, to credit or reimburse the subdivider or developer, as appropriate, for the material costs of oversizing other sanitary sewerage system improvements and facilities, such as lift stations, relating to the land division or development.
D. 
Extra-sized water improvements. The subdivider or developer shall assume the cost of installing all water system improvements and facilities within the land division or development, including the cost of any required boundary water main, except for added material cost of installing oversized water mains greater than 12 inches in diameter, which are necessary to serve areas lying outside the proposed land division or development. The Village shall credit or reimburse the subdivider or developer, as appropriate, for the reasonable material costs of such required oversizing. The Village Board may determine, on a case-by-case basis, to credit or reimburse the subdivider or developer, as appropriate, for the material costs of oversizing other required water system improvements and facilities within the land division or development.
E. 
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 Village Engineer's requirements. Equipment similar to existing Village 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 Village Board. Gravity sanitary sewer service shall be employed whenever determined by the Village Engineer to be feasibly accessible.
[Amended 12-15-2014 by Ord. No. 2014-13]
A. 
Acceptance of improvements. The dedication of any improvements, utilities, streets, parks, easements, rights-of-way or other lands, or rights to the Village or the public, shall not be considered accepted by the Village for public ownership until such time as the required public improvements within the intended dedication have been completed and accepted by the Village Board by adoption of a resolution accepting such dedication. Improvements shall be dedicated to the Village free and clear of any encumbrances. 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 Village Board by resolution. In the event the Village 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 Village, the costs of such measures shall hereby be determined to be the Village-incurred costs to be reimbursed to the Village 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 Village 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 Village Engineer and approved by the Village 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 owed to any surveyor, mechanic, contractor, subcontractor, material man, or laborer after all required improvements have been installed. Acceptance of the improvements may be requested in the following increments:
(a) 
Sewer mains and services (either storm or sanitary).
(b) 
Water mains and services.
(c) 
Streets comprised of all grading, gravel, curb and gutter, culverts, and paving.
(d) 
Other miscellaneous appurtenances to the above increments such as sidewalks, bikeways, streetlighting, street signing, etc.
(2) 
The Village 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 engineering, inspection, and legal fees and submit it to the subdivider for payment. The Village Engineer shall conduct any necessary final inspections of the improvements and forward a report to the Village Clerk-Treasurer recommending either approval or disapproval. When the engineering, inspection, and legal fees, taxes and special assessments have been paid, and when the necessary lien waivers and affidavits have been filed, the report of the Village Engineer, together with the recommendation of the Village Clerk-Treasurer, shall be forwarded to the Village Board for approval and acceptance of the improvements and dedications.
C. 
Maintenance guarantee after final acceptance. Prior to final acceptance of the required public improvements, the subdivider shall provide the Village with a cash deposit or a letter of credit, in a form acceptable to the Village Attorney, that is equal to 15% of the amount of the cash deposit or letter of credit the subdivider provided the Village prior to the start of construction or the largest amount allowed by law, whichever is greater. If within one year of final acceptance the Village Engineer determines that the public improvements need repair due to faulty materials or workmanship or the subdivider damages Village property and/or improvements, the Village Clerk-Treasurer shall give the subdivider a fourteen-day written notice to perform such repairs. If the repairs are not begun within the fourteen-day period and completed within a reasonable time thereafter, as determined by the Village Board, the Village may complete the repairs. The cost of the repairs shall be billed to the subdivider and paid by the subdivider within a reasonable time, as determined by the Village Board, or taken out of the cash deposit or letter of credit. If the Village draws against the cash deposit or letter of credit, the subdivider shall, within 10 working days of such draw, replenish said moneys up to the aggregate amount. This financial guarantee shall not be a bar to any action the Village might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situations.
The Village Board may require the subdivider to plant at least one tree of a species acceptable to the Village Board and of at least six feet in height for each 50 feet of frontage on all streets proposed to be dedicated. The required trees shall be planted in the lawn area of the right-of-way in accordance with plans and standard specifications approved by the Village Engineer.
[Added 12-15-2014 by Ord. No. 2014-13]
Before final approval of any final plat or certified survey map within the corporate limits of the Village, the subdivider shall install monuments consistent with the requirements of Ch. 236, Wis. Stats., or as may be required by the Village Engineer. 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 Village Engineer may waive the placing of monuments for a reasonable time during public improvement construction on condition that the subdivider executes a surety to ensure the placing of such monuments within the time required. The Village Clerk-Treasurer is authorized to accept a letter of credit for monumentation on behalf of the Village in an amount approved by the Village 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.