[Amended 8-21-2014 by Ord. No. 2014-8-1]
A.
Responsible party. The developer shall be responsible for installing
or constructing those public and private improvements as may be required.
B.
Village as contractor. The Village and developer may agree to have
public improvements installed by the Village pursuant to §§ 66.0627
and 66.0701, Wis. Stats.
C.
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 developer complies with those conditions of approval which must
be satisfied before the commencement of work;
(3)
The Village Engineer approves all required plans or permits, including
street plans, storm drainage plans, grading plans, and erosion/sediment
control plans; and
(4)
The developer obtains all other approvals from other authorities
as may be required or necessary to undertake the construction or installation
of any public or private improvement or any land-disturbing activity.
D.
Ongoing inspections. The Village Engineer is authorized to conduct
periodic inspections of any work related to any public improvement.
The developer shall reimburse the Village for all costs it incurs
related to these inspections.
E.
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 developer shall correct such deficiency in
a timely manner. The Village Engineer shall provide a written report
to the Village Board that documents any corrective actions taken by
the developer in this regard and shall certify that all public improvements
comply with this chapter and approved plans and have been completed
in a good worker-like manner.
F.
Completion of work. Prior to submitting a final plat or final certified
survey for review all public and private improvements shall be completed
by the developer and approved by the Village Engineer. Upon petition
by the developer, the Village Board may allow the developer 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 developer's
agreement for the project addresses the use and administration of
the cash bond or letter of credit.
G.
Approval of contractors and subcontractors required. Contractors
and subcontractors retained by the developer to construct or install
public improvements or to prepare contracts and contract specifications
for such improvements shall be subject to the approval of the Village
Engineer.
H.
Guarantee of accepted public improvements. Following initial acceptance
of any public improvement by the Village Board and upon written request
by the Village Engineer, the developer shall repair any defect in
any public improvement for a period of one year. In addition, the
developer shall provide a financial guarantee to secure the completion
of such requested work. The financial guarantee may consist of a cash
bond, performance bond, or a letter of credit and shall not exceed
10% of the total cost of the completed public improvement.
I.
Survey monuments. Before approval of any plat or certified survey
map, the developer shall install survey monuments placed in accordance
with the requirements of Ch. 236, Wis. Stats.
[Added 8-21-2014 by Ord. No. 2014-8-1]
A.
Performance bond. If a developer provides a performance bond under
this chapter, such performance bond shall comply with requirements
as established by the Village, including, but not limited to, the
following terms:
(1)
There shall be no assignment, modification, or change of the
contract, change in the work, or extension of time releases the surety
on the performance bond.
(2)
Upon notification of default, the surety must complete the contract,
unless the Village Board expressly allows the contractor to complete,
or the Village Board expressly allows the surety to pay the guarantee
amount to the municipality.
(3)
The surety must perform within 15 days of the date of a written
notice from the Village Engineer that the contractor is in default.
(4)
The surety is obligated to pay for completion of the project
for correction of defective or unsuitable work, and for legal, design,
professional, and delay costs incurred by the Village of Richfield
as a result of the default, and as a result of the surety's failure
to act in a timely manner under the bond.
(5)
The surety is obligated to pay liquidated damages as specified
in the contract, and also obligated to pay reimbursement of fees as
specified in the contract.
(6)
The surety is obligated to warrant the work as specified in
the contract.
(7)
The bond shall specify the jurisdiction and venue of courts
that may hear claims arising under the bond, which shall be locations
convenient to the municipality.
(8)
The provision of a performance bond shall in no event remove
the burden of completing any improvement covered by such performance
bond.
B.
Letter of credit. If a developer 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 provision of a letter of credit
shall in no event remove the burden of completing any improvement
covered by such letter of credit.
C.
Cash bond. If a developer 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.
[Added 8-21-2014 by Ord. No. 2014-8-1]
A.
Generally. When a developer's agreement is required, the developer
shall have the responsibility of preparing a proposed agreement.
B.
Village costs. The developer is responsible for reimbursing the Village
for all costs it incurs in the review and approval of a developer's
agreement, including work performed by Village staff or any consultant
or contract employee retained by the Village.
C.
Amendment. Once a developer's agreement is accepted by the developer
and the Village Board, such agreement may only be amended with the
approval of both parties.
D.
Public record. Although a developer's agreement is a private
contract between two parties, it is considered a public document.
E.
Model agreement. The Village Attorney, in consultation with the Village
Engineer, Village Administrator, and others, is authorized to prepare
a model developer's agreement and make revisions from time to
time as may be needed to address changes in this chapter, state law,
or best practices. The Village Clerk shall maintain the most current
version and provide copies upon request. The model agreement is provided
as a convenience, to assist the developer in drafting a developer's
agreement, at the developer's option, recognizing that use of
the model may allow for a more timely and efficient review process.
No building, zoning, or sanitary permits shall be issued for
erection of a structure on any lot not of record on December 31, 1980,
until all the requirements of this chapter, the county and the state
have been met.
No occupancy permit shall be issued until all requirements of
this chapter are met to the satisfaction of the Village Engineer and
Building Inspector.
When applicable, the following plans and accompanying construction
specifications as prepared by a civil engineer may be required by
the Village Engineer and shall be reviewed by the Village Plan Commission
upon request of the Village Board before authorization of construction
or installation of improvements:
A.
Street plans and profiles showing existing and proposed grades, elevations,
and cross-section of required improvements. A three-line profile is
required.
B.
Storm sewer, drainage channel plans and profiles, and detention/retention
ponds showing the locations, grades, sizes, cross sections, elevations,
and materials of required facilities.
C.
(Reserved)
D.
(Reserved)
E.
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 generally follow the guidelines and standards set forth in the publication, Best Management Practices, and as set forth in § 330-64.
F.
Planting plans showing the locations, age, caliper, and species of
any required grasses, vines, shrubs, and trees.
G.
Master grading plan showing existing and final contour intervals.
H.
Plans for all private utilities shall be submitted with street plans.
I.
Additional special plans or information as required by the Village
Board.
A.
The developer 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, in accordance with the plans and specifications
and at such times as approved by the Village Engineer. Such erosion
control may include, but is not limited to, the following measures:
(1)
Sod laid in strips at right angles to the direction of drainage at
those intervals necessary to prevent erosion.
(2)
Temporary vegetation and mulching provided to protect critical areas,
with permanent vegetation installed as soon as practical.
(3)
Construction at any given time being confined to the smallest practical
area and for the shortest practical period of time.
(4)
Sediment basins installed and maintained at all drainageways to trap,
remove, and prevent sediment and debris from being washed outside
the area being developed.
The developer shall make every effort to protect and retain
all existing trees, shrubbery, vines, and grasses not actually lying
in public roadways, drainageways, building foundation sites, private
driveways, soil absorption waste disposal areas, paths, and trails.
Any such flora are to be protected and preserved during construction
in accordance with sound conservation practices, including the preservation
of trees by the use of wells or islands or retaining walls whenever
abutting grades are altered.
[Amended 8-21-2014 by Ord. No. 2014-8-1]
The developer, prior to commencing any work within the land
division, shall make arrangements with the Village Engineer to provide
for adequate inspection. The Village Engineer shall inspect and approve
in writing all required or necessary work prior to approval of the
final plat.
The Village Engineer or the developer may petition the Village
Board to secure changes or modifications to an approved preliminary
plat or preliminary certified survey map as the development progresses.
