In addition to all other pertinent sections of this chapter,
the subdivider is responsible for the following:
A. Off-site utility easements.
(1) The subdivider shall obtain all required utility and storm drainage
easements from the appropriate off-site property owners. The subdivider
shall be responsible for providing the legal description of the easement
and for the proper execution of the easement by the grantor. All completed
easements shall be submitted to the Town for review prior to final
plat approval and recordation.
(2) In the event the subdivider is unable to obtain the required off-site
easements and all other development options have been exhausted, the
subdivider may request in writing that the Town condemn the easement,
with legal, engineering and administrative expenses born by the subdivider.
B. Public improvements. The subdivider shall be responsible for the design and installation of all public improvements required in §
267-20.
C. Erosion control requirements. The developer shall be responsible
for erosion control plan requirements in accordance with Department
of Natural Resources, Ch. NR 216, Wis. Adm. Code, and local regulations.
The developer shall develop a construction site erosion control plan
and shall perform all activities required by the plan and shall maintain
compliance with the plan. The construction site erosion control plan
shall be prepared in accordance with good engineering practices and
the design criteria, standards and specifications outlined in the
Wisconsin Construction Site Best Management Practice Handbook. All
erosion control measures shall be maintained by the developer during
the period of land disturbance and land development of the site in
a manner satisfactory to ensure adequate performance and to prevent
nuisance conditions.
D. Subdivider's agreement. The subdivider shall execute a subdivider's
agreement. The subdivider's agreement shall guarantee installation
of all public improvements with one of the following development options:
(1) Irrevocable letter of credit option. The subdivider may obtain final
plat approval prior to construction of public improvements if an irrevocable
letter of credit or cash escrow is provided for an amount equal to
all improvement costs. Improvement costs shall include all material,
installation, staking, inspecting, testing, and construction engineering
costs of sanitary sewer, storm sewer, water main, sidewalks, streets,
and drainage grading. Improvement costs shall be subject to final
approval by the Town Board. (The subdivider may request that the Town
be responsible for administering the construction of all improvements,
provided that the subdivider establishes a cash escrow for an amount
equal to all improvement costs. Withdrawals from the escrow account
shall be made by the Town as needed to pay construction costs.)
(2) Acceptance option. The subdivider is not required to provide an irrevocable
letter of credit or cash escrow if all public improvements are constructed
and accepted by the Town prior to final plat approval.
(3) Blended option. At any point during the construction process, the
subdivider may obtain final plat approval if an irrevocable letter
of credit or cash escrow is provided for an amount equal to the cost
of the public improvements which have not been constructed and accepted
by the Town to date. Improvement costs shall include materials, installation,
staking, inspecting, testing, and construction engineering costs of
sanitary sewer, storm sewer, water main, sidewalks, streets, and drainage
grading. Improvement costs shall be subject to final approval by the
Town Board.
E. Special agreements. The subdivider may be required to execute one
or more of the following special agreements, if deemed necessary by
the Board:
(1) Escrow account agreement. A written escrow agreement shall be prepared
by the Town and executed by the subdivider and appropriate Town officers.
The escrow agreement shall provide that only the Town may withdraw
funds from the escrow account established by the subdivider in a bank
approved by the Board. The escrow agreement shall further provide
that only the Town may withdraw funds from the account in order to
pay for improvement costs within the subdivision or to close the account
following Town acceptance of all required improvements. The balance
in the escrow account, including interest, shall be paid to the subdivider.
(2) Other agreements. The subdivider shall execute other agreements deemed
necessary by the Board.
F. Plans. The following plans and accompanying construction specifications
shall be required by the Town Board before authorization of construction
or installation of improvements:
(1) Street plans and profiles showing existing and proposed grades, soil
conditions, 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 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) Construction site erosion control plan.
(6) Planting plans showing the locations, age and species of any required
street trees.
(7) Surface water drainage plan.
(8) Additional special plans or information as required.