A.
General requirement.
(1)
In accordance with the authority granted by § 236.13, Wis.
Stats., the City of Fox Lake 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.
Options.
(1)
The City may determine that one of the following options be used
when improvements are to be installed:
(a)
The required public improvements shall be installed by the subdivider
at his cost;
(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
oversize and/or off-site improvements constructed; or
(c)
Any workable combination of the above determined by the Common Council
as acceptable.
(2)
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 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)(a) or (b) above.
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 four years 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. The contract form shall
be provided by the City and may provide for a phasing of public improvements
construction, provided that 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 125% of
the estimate of the cost prepared by the City Engineer as surety to
guarantee that such improvements will be completed by the subdivider
or his 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 125% 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 Clerk 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 125% 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 Clerk 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.[1]
(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.[2]
A.
Engineering reports, construction plans and specifications. As required by § 512-12, 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 seal. Such plans, together with the quantities of construction items, shall be submitted to the City Engineer for his approval and for his 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 Clerk or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:[1]
(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 260, Erosion Control and Stormwater Management, of this Code, 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 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 or the Common Council deems necessary to ensure
compliance with the plans and specifications as approved. 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 ensure satisfactory work. The engineering
costs will be per the engineering agreement.[2]
D.
Subdivider to reimburse the City for costs sustained. The subdivider
of land 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:[3]
(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 Clerk 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.
(1)
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.
(2)
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.
The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 512-39 and 512-40:
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 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 Clerk 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 cost.[1]
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.
After the installation of all utility and stormwater drainage improvements,
the subdivider shall be required to construct concrete curbs and gutters
or, if approved by the City, 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.
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, 3,500 psi strength at seven days, and contain three continuous
one-half-inch diameter 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 3/4 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. Tie bars shall be provided where curb and gutter is
adjacent to rigid pavements.[1]
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. In all new subdivisions and additional areas as 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 § 423-5 of this Code of Ordinances.
B.
Extra-sized sidewalks. Wider-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,
in its opinion, 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:
(a)
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.
(b)
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.
(c)
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(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 Director of Public Works shall determine
where sidewalks and/or bikeways are required in accordance with this
section.
F.
Construction standards. Bikeways shall be constructed of bituminous pavement, at least eight feet in width, in accordance with standard City specifications. Sidewalks shall be constructed according to the standards in § 423-5.
G.
Required locations. The subdivider shall be required to install sidewalks
and/or bikeways in accordance with the following:
(1)
On all streets within new subdivisions.
(2)
Other streets, both major and minor, which serve as major pedestrian
access routes to and from such pedestrian traffic generators as business
establishments, restaurants, schools, neighborhood parks, high-density
multifamily developments, etc.
(3)
All streets which currently have sidewalk along only a portion of
the street between consecutive intersections shall be completed from
intersection to intersection.
A.
There shall be provided a sanitary sewerage system to all lots, approved
by the City Engineer. The subdivider shall install adequate sanitary
sewer facilities and connect them to City sewer mains subject to specifications
and inspection of the City 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.
B.
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. Where sewers
larger than 10 inches in diameter are required, the land divider shall
be responsible for the cost of a ten-inch sewer. The difference in
cost between the ten-inch sewer and that installed shall be borne
by the City.
C.
The subdivider shall construct sanitary sewers 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 City Engineer 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.[1]
D.
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.
There shall be provided a water supply system in conformity with
the master plan of the water system as approved by the City utilities.
The subdivider shall install and connect City water to serve all lots
subject to specifications and inspection of the City utilities and
the State of Wisconsin or shall petition the City for installation
and connection of City water to serve all lots. The subdivider shall
pay all costs of installing and connecting adequate City water, including
the bringing of water from where it exists to the land division in
question as well as providing all waterworks within the land division.
(1)
The subdivider shall provide for a minimum water main diameter of
eight inches, except in culs-de-sac where six inches may be allowed,
and the location of public fire hydrants along the public streets
at not greater than a six-hundred-foot spacing. Fire hydrants which
have not passed testing or have not been operationalized shall be
covered with securely attached bags to preclude their being inadvertently
used by the Fire Association in an emergency situation. The center
line of the pumper nozzle of each hydrant shall be a minimum of 21
inches above the pavement.
(2)
The land divider shall have prepared plan and profile drawings and
specifications for the installation of water main facilities in accordance
with the City master water main plan, including the water main, pipe
fittings, valves, hydrants and lateral house connections for each
lot in the subdivision extended to the lot line. Upon approval of
the plans by the City Engineer and the City utilities, the land divider
shall cause to be installed, in accordance with the Standard Specifications
for Sewer and Water Construction in Wisconsin, all facilities required,
and the cost of the same, including inspection, supervision and engineering
fees, shall be paid for by the subdivider.
(3)
Where water mains larger than 10 inches in diameter are required,
the subdivider shall be responsible for the cost of a ten-inch main.
The difference in cost between the ten-inch main and that installed
shall be borne by the City or its utilities.
(4)
The rules of the City'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.
B.
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 City Engineer.
Pursuant to § 512-43, the subdivider shall provide stormwater drainage facilities 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. 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 runoff 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.
Insofar as possible, all utilities, including but not limited to
natural gas, telephone, cable television, 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. 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 workdays 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 and 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 the Planning 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 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 Director of Public Works.
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 to 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 set by the Common
Council 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.[1]
A.
The subdivider shall arrange with the City and 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 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 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.
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 Planning 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 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 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 § 512-21B.
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]
(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 Clerk 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 owed 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 Clerk 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 City Engineer
shall conduct any necessary final inspections of the improvements
and forward a report to the City Clerk 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 City Engineer,
together with the recommendation of the City Administrator, 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 § 512-45.
