A.
No dedication of a Town road will be accepted unless the person desiring
to dedicate or deed the road to the Town shall have first obtained
the approval of the Town Board of the points of access to existing
Town roads, shall have improved said roadway to the requirements of
this chapter, and shall have provided documentation that the roadway
to be dedicated is free of liens, encumbrances or other impairments
to clear title.
B.
The liability for accident or injury occurring on any proposed roadway
shall be the liability of the owner until dedication is completed
and the road is accepted by the Town Board with the Town Board accepting
maintenance responsibility.
C.
Failure to obtain and comply with Town code requirements shall constitute
basis for refusal to accept the road into the Town road system and
take over maintenance responsibility. Town roads will not be maintained
by the Town until dedication and deeding are completed, maintenance
responsibility is specifically accepted by the Town Board, and the
road is accepted by the Town Board.
Streetlighting shall be installed only with approval of the
Town Board on a case-by-case basis and subject to such conditions
as the Town Board deems appropriate.
A.
Roadway agreement. Prior to the private construction of any Town
road or street in the Town of Algoma, the developer/owner (hereinafter
referred to as "developer") shall enter into a "roadway development
agreement" (hereinafter referred to as "agreement") with the Town.
This may be part of a "developer's agreement" which is broader in
scope and covers other matters as well. The agreement shall be in
form suitable to the Town Board with content and form to be established
on a case-by-case basis at the sole discretion of the Town of Algoma
Board. The roadway development agreement shall be approved by the
Town Board prior to the commencement of construction of the street
or road. The agreement shall include but shall not be limited to the
following:[1]
(1)
The developer shall provide a financial guarantee to the Town to
pay for the cost of any and all phases of road construction. The financial
guarantee shall be approved by the Town Board prior to the commencement
of construction of the street or road. Subject to Town Board approval,
the financial guarantee to the Town shall be provided in any of the
following forms:
(2)
The financial guarantee described above shall be in an amount sufficient
to pay for the entire construction costs of the road as determined
by the Town Board.
(3)
The developer shall provide documentation that the portions of any
roadways being dedicated as public right-of-way are or will, at the
time of dedication or deeding, be free from all liens or encumbrances
or other impairment to clear title.
(4)
Waiver of assessment notice hearing as to final paving and all other
costs in excess of the financial guarantee.
B.
Application to construct road. The developer shall make written application
to the Town Board for construction of a new road, including ditching
or storm sewer, indicating locations, use, name, desired time schedule,
and detailed construction plans, if required. The construction plans
must meet the Town specifications contained in this chapter that are
in effect at the time of application. To the extent required by the
Town Board, further provisions concerning the written application
to the Town shall be as follows:
(1)
The plans shall include all drainage plans with roadway grades.
(2)
The developer shall pay the entire cost of any plan review fees for
review of the plans as described herein. Specifically, the developer
shall pay the Town costs for the plan review, and review of the following:
conceptual plan, preliminary plat, final plat, and drainage and road
plans.
(3)
The developer shall pay the total project costs. Total project costs
shall consist of construction costs through and including chip sealing,
engineering, administrative, and legal fees applicable to the project
and costs for street signs, stop signs, informational signs, and streetlights,
if any. The developer shall pay electric power utility costs and any
other utility costs related to the construction of the roadway, as
required, with said payments being made directly to the appropriate
party (with copies verifying payment provided to the Town). Any and
all costs incurred by the Town of Algoma for the roadway construction,
including engineering, administrative, and legal fees, shall be billed
by the Town to the developer.
C.
Compliance with code requirements. Town roads as described herein
shall comply with all code requirements and resolution requirements
of the Town Board, including conceptual plan, preliminary and final
plat or certified survey map approval.
D.
Construction phases. Chip sealing of the roads will be completed
as soon as practical after the expiration of one year from completion
of the base course construction. Final paving shall be installed when
deemed appropriate by the Town Board. Unless special circumstances
require otherwise, this would not be done until the expiration of
one year from completion of chip sealing. The general policy of the
Town is not to pave until 70% of the available abutting property in
the subdivision is developed, or three years after chip sealing, whichever
comes first, but in no case until a minimum of 20% of the abutting
land is developed. Chip sealing and paving shall be completed under
contract by the Town with the Winnebago County Highway Department
or other contractor designated by the Town Board.
E.
Payment of costs. The developer is required to pay all costs related
to construction of the road, except final paving, and including Town
plan review, administrative and legal expense. If the actual construction
costs exceed the financial guarantee to the Town (as described above),
and the Town is forced to complete construction, the difference shall
be made up in either of the following ways:
(1)
On or before 30 days from the date of notice from the Town to the
developer of a shortfall, the developer shall pay such additional
costs or provide an increase of financial guarantee to cover the increased
costs; or
(2)
In the event the developer does not pay such costs or provide the
increased financial guarantee described above, then the increased
cost amount shall be placed on the tax roll as a special assessment,
with said assessment being split equally against all taxable parcels
abutting upon the road or affected portion thereof.
F.
Paving assessment. All subdividers of final plats or persons offering
a certified survey map for approval shall be required to enter into
a "subdivision improvement agreement" relating to final paving and
waiver of special assessment. At the time of the signing of the roadway
development agreement or developer's agreement, the developer and
all owners of all real estate in the development shall sign a "subdivision
improvement agreement" relating to final paving and waiver of special
assessment hearing. The "subdivision improvement agreement" shall
include, among other items, that the actual costs of final paving
and/or curb and gutter shall be assessed to abutting property owners
by waiver of assessment. Manholes shall be brought to final road grade
at time of paving. The cost of raising them shall be paid by the Town
and included as part of this assessment.
G.
Plat or CSM approval. The Town Board shall not approve a final plat
or certified survey map until it is satisfied the developer has complied
with the requirements of this chapter for execution of the roadway
development agreement or developer's agreement and subdivision improvement
agreement, has provided a satisfactory financial guarantee to the
Town as described above, has demonstrated that the property is free
from all liens and encumbrances, and has met other preconstruction
requirements of this chapter and other Town of Algoma regulations.
H.
Inspection. The Town and or its authorized agent have the sole discretion
to inspect the installation of all Town roads during any part of the
construction process at developer's cost.
I.
Correction of deficiencies. In the event during the roadway construction
process, the Town Board, Town Road/Drainage Coordinator or Town Engineer
determines there is inadequate construction, or construction not in
conformity with the submitted plans or not in conformity with the
Town's standards and specifications, then the Town Board, the Town
Road/Drainage Coordinator or other authorized agent of the Town Board
shall provide written notice of such determination to the developer.
Upon receipt of the written notice, the developer shall cease all
future construction of the road until such time as the deficiencies
are satisfied and corrected as determined by the Town Board or its
authorized agent. In that event, the developer shall have 15 days
to correct all deficiencies as described herein. In the event the
fifteen-day time frame is not met, then the Town Board, at its discretion,
shall have the authority to make arrangements to have the deficiencies
corrected, have the roadway properly constructed, and have the financial
guarantees applied to the construction costs.[2]
J.
Conditional approval; building permits. After storm sewers, subgrade,
crushed aggregate base course, and utilities have been installed (NOTE:
Utilities can be installed when ditch grades are within six inches
of final grade.) and ditches have been satisfactorily constructed
with finish grade and seeding completed, the developer's engineer
has submitted all grade checks and record (as built) drawings as the
Town Engineer may require, and the developer provides the Town with
lien waivers for all work performed and materials used on the project,
the Town Board will conditionally approve the gravel roads. The developer
is responsible for the maintenance of the roads and ditches until
such time as the Town accepts the roads into the Town road system
and specifically accepts maintenance responsibility. No building permits
shall be granted for properties adjoining the roadway until conditional
approval is obtained. Conditional approval will allow building permits
to be issued as long as roads are properly maintained. At the request
of the developer, the Town will plow snow on conditionally approved
gravel roads but will assume no responsibility for any damage which
may be done to the gravel surface or anything in right-of-way during
plowing operations.
K.
Seal coating. At least one year after conditional approval of a road,
the road shall receive two layers of seal coat with aggregate covering
(double chip seal). Prior to the seal coating, roads shall be brought
to the plan elevations, grades, and shapes. At this time it is the
developer's responsibility to ensure that vegetation is well established
in all ditches and terraces in all road rights-of-way, ditches and
in drainage easements. After the road is seal coated the Town will
consider accepting it into the Town road system, which includes Town
assumption of maintenance responsibility. Acceptance requires specific
action of the Town Board.
L.
Road inspection fee deposit. Upon application for authority to construct
roadway, the developer shall deposit the sum of $2,000 in an interest-bearing
account to be held by the Town of Algoma. These funds will be used
by the Town to pay for any plan review costs, legal or administrative
costs, road inspection fees and road sign costs. When the fund is
depleted to $500 or less, the developer shall replenish it to a balance
of $2,000 as requested by a Town official. Any amount remaining in
the account at the time of acceptance will be refunded to the depositor.
