A.
General requirement.
(1)
In accordance with the authority granted by § 236.13, Wis.
Stats, the Village of Athens hereby requires that, as a condition
of final plat or certified survey approval, the subdivider agrees
to make and install all public improvements required of subdividers
by this chapter and that the subdivider shall provide the Village
with security, of the Village's choice, to ensure that the subdivider
will make his/her portion of required improvements. As a further condition
of approval, the Village Board 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 Village may require, at the Village's choice, that the public
ways have been previously provided with all necessary facilities constructed
to Village 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 Village Board.
B.
Payment options.
(1)
The required public improvements shall be installed by the subdivider
at his/her cost; or
(2)
Other options.
(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 development areas identified in
the Village's Comprehensive Plan or other adopted comprehensive
development or public facilities plan.
(3)
Any workable combination of the above determined by the Village Board
as acceptable.
(4)
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.
C.
General standards. The required public improvements shall be installed
in accordance with the engineering standards and specifications which
have been adopted by the Village Board. 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 Village Engineer. When new or revised standards
and/or specifications have been adopted by the Village, 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.
The Village 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. The Village may require that the subdivider enter into
a contract with the Village for land division improvements agreeing
to install his/her portion of improvements as herein provided before
final approval of any plat, certified survey or land division. The
contract form shall be provided by the Village and may provide for
a phasing of public improvement construction, provided that such phasing
is approved by the Village Board. The Village 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 Village Attorney, a bond, a certificate of deposit, irrevocable
letter of credit or certified check in an amount equal to 110% of
the estimate of the cost of the improvements, as determined by the
Village Engineer; said filing of surety shall guarantee that such
improvements will be completed by the subdivider or his contractors
not later than 18 months from the date of recording the final plat
or certified survey map. When a certificate of deposit or certified
check is posted as security, the instrument must be negotiable by
the Village. When a letter of credit is posted as security, the Village
must be the beneficiary.
(2)
However, the subdivider may elect, with the approval of the Village,
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 110% of the
estimated costs of improvements next required by the installation
and construction schedules as determined by the Village Engineer.
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 Village;
(c)
The developer records deed restrictions approved by the Village
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 Village'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 Village 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 Village Engineer, upon written request from the subdivider from time to time, is authorized to recommend to the Village Clerk 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 Village Engineer, the Village Clerk is authorized, in his/her sole discretion, upon submission of lien waivers by the subdivider's contractors, to reduce the amount of surety. The amount of surety remaining shall be equal to 110% of the estimate of the Village Engineer of costs of work remaining to be completed and accepted and to insure performance of the one-year guarantee as specified in Subsection D 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 Village Engineer, are valid for noncompletion, the Village Clerk is authorized, in his/her sole discretion, to accept a reduction in the amount of surety to an amount, in the estimate of the Village 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 Village Engineer prior to commencing construction. The Village Board, at its option, may extend the bond period for additional periods not to exceed one year each.
(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
Village legal fees, Village engineering fees, Village administrative
fees, and 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 Village standard street improvements (including but not
limited to curb and gutter, local storm sewer, sidewalks and a bituminous
pavement).
C.
Waiver of special assessment notice and hearing. The subdivider shall
file with said contract, subject to the approval of the Village Attorney,
a waiver of special assessment notices and hearings such that the
subdivider, his/her heirs and assigns (including purchasers of property
from the subdivider) waive notice and hearing for and authorize the
assessment of any and all of the required public improvements in phases
of the land division intended for future development in accordance
with § 66.0703(7)(b), Wis. Stats.
D.
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, and 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 Village 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 Village
Board (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 Village 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 Village 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.[1]
A.
Engineering reports, construction plans and specifications. As required by § 474-11, engineering reports shall be submitted simultaneously with the filing of the preliminary plat. At the final plat or certified survey stage, construction plans and specifications for the required improvements conforming in all respects to the standards of the Village Engineer and the ordinances of the Village 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. Said plans and specifications shall be accompanied by such supporting calculations and reports as required by the Village Engineer to enable him to review the plans and specifications. Such plans and specifications, together with the quantities of construction items, shall be submitted to the Village 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 or certified survey with the Village Clerk or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:
(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 384, Stormwater Management and Erosion Control, 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)
Additional special plans or information as required by Village officials.
B.
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications 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
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 Village Engineer shall approve
the plans and specifications for transmittal to the Village Board.
The Village Board 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
Village 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 up through concrete curb and
gutter are satisfactorily completed. Construction of all required
improvements shall be completed within four years from the date of
preliminary plat approval by the Village Board, unless good cause
can be shown for the Village Board to grant an extension.
(2)
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
owner shall pay the actual cost incurred by the Village for such inspections.
This fee shall be the actual cost to the Village of inspectors, engineers
and other parties necessary to ensure satisfactory work.
D.
Record plans. After completion of all public improvements and prior
to final acceptance of said improvements, the subdivider shall make
or cause to be made two copies of record plans showing the actual
as-built location of all valves, manholes, stubs, sewers and water
mains and such other facilities as the Village Engineer shall 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. 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. Such plans shall be
filed with the Village Clerk.
The subdivider shall construct streets, roads and alleys (or the Village shall construct, at its option, and bill the subdivider for his/her share) as outlined on the approved plans based on the requirements of this chapter, particularly §§ 474-38 and 474-39.
A.
General considerations.
(1)
The subdivider shall pay 100% of the cost of new street construction
and surfacing.
(2)
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 Village in this chapter
and elsewhere and shall be subject to approval of the Village 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 Village, the subdivider
shall install monuments placed in accordance 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 survey to insure the placing of such monuments within the time required.
On behalf of the Village, the Village Clerk is authorized to accept
such surety bonds and contracts for monumentation 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 such other
section monument, the established monument shall be preserved and/or
fully restored by the subdivider at his/her cost.
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.
In any subdivision or minor land division, the Village Board
shall require the subdivider to construct concrete curb and gutter
in accordance with plans and standard specifications approved by the
Village Board, upon the recommendation of the Village Engineer. Concrete
curb and gutter shall be installed when deemed necessary for erosion
control, surface water drainage or runoff management. 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 on the established arterial street and
highway system for the Village shall be borne by the Village. Where
required, 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 100% by the subdivider.
A.
Specifications. In all subdivisions, the Village Board shall require subdividers to construct a concrete sidewalk on both sides of all streets, unless waived by action of the Village Board. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Village Board, upon the recommendation of the Village Engineer. All required sidewalks shall satisfy the design specifications in § 388-5 of this Code. The construction cost for sidewalks and bikeways shall be paid 100% by the subdivider.
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 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 Village Engineer.
(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
on or access to the street, are not being served by a bikeway, or
in high-traffic areas. In general, those lots which do not front on
or have access to 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.
A.
When public sanitary sewerage facilities are available to the subdivision
plat, the subdivider shall construct sanitary sewerage facilities
in such a manner as to make adequate sanitary sewerage service available
to each lot within the subdivision. All sanitary sewers shall be in
accordance with Ch. NR 110, Wis. Adm. Code. The subdivider shall pay
100% of 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.
B.
Installation.
(1)
Sanitary sewers, including all related items (manholes, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the Village. Installation shall be required all the way across each lot. Where sewers larger than 10 inches in diameter are required solely to serve areas outside the subdivision, the landowner shall be responsible only for the costs 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, without inflation or interest adjustment in the recoupment amount (see § 474-35).
(2)
In addition, the subdivider shall pay to the Village a sanitary sewer
connection fee based on the added cost of installing larger sewers
and lift stations in the total tributary drainage area which 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
sewers.
(3)
The subdivider shall install sanitary sewers in accordance with this
Code and specifications of the Village Board, upon the recommendation
of the Village Engineer, when it is determined that the proposed subdivision
lies within a public sanitary sewer service area and sanitary sewer
facilities are programmed to be extended to the proposed subdivision
within six years. Until such time as the public sewers within the
subdivision can be connected to the community public sewer system,
they shall be temporarily capped. No private or public use shall be
connected to the sewers within the subdivision until such sewers are
connected to the larger community system. The subdivider shall indicate
on the face of the plat that the owner of private uses within the
subdivision shall connect such uses to the sewers in the subdivision
at the time such sewers are connected to the community sewer system,
and that the Village is held harmless for any damages or costs incurred
to disconnect and abandon any on-site sanitary sewage disposal system
then in place and any costs associated with connection to the public
sewer mains.
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 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. This installation will be coordinated with the installation of sanitary sewers. The Village Board shall require the installation of sewer laterals to the street lot line for residential lots. 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. The latest revision of Standard Specifications for Sewer and Water Construction in Wisconsin shall govern all work. All sanitary sewer and sanitary sewer lateral trenches within proposed streets shall be backfilled with granular material meeting the requirements of the standard specifications and/or Chapter 388, Streets and Sidewalks, Article II, of this Code, whichever is more restrictive. All sanitary sewer facilities shall be floodproofed.[1]
D.
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.
Required installations.
(1)
When public water supply and distribution facilities are available,
as determined by the Village Board, to the subdivision plat or land
division, or when it is proposed to establish a private water supply
and distribution system to serve two or more lots, the subdivider
shall cause such water supply and distribution facilities to be installed
in such a manner as to make adequate water service available to each
lot within the subdivision. There shall be provided a water supply
system in conformity with the master plan of the water system as approved
by Village utilities. 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 100% of
the cost of constructing adequate Village water, including bringing
water mains from where they exist to the land division in question,
providing all water works within the land division, and looping the
water mains in all locations deemed important and financially feasible
by the Village Engineer. 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 than a four-hundred-fifty-foot
spacing for residential areas or a six-hundred-foot spacing for commercial
areas. 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 Department in an emergency
situation.
(2)
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.
(3)
Unless otherwise excepted by the Village Engineer, water mains shall
not be located within five feet of other underground utilities.
(4)
Where water mains larger than 10 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. The difference in the costs
of the water mains necessary to serve the subdivision 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,
without inflation or interest adjustment in the recoupment amount.
Installation shall be required all the way across each lot.
(5)
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.
B.
Water mains and water laterals.
(1)
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.
(2)
The Village Board shall require the installation of water laterals
to the street lot line.
(3)
The subdivider shall assume the cost of installing all water mains,
water laterals and water system appurtenances within the proposed
subdivision necessary to provide adequate flow and pressure, as determined
by the Village Engineer. Where water mains larger than necessary to
provide adequate flow and pressure are required to serve areas beyond
the proposed subdivision, the difference in costs, as determined by
the Village Engineer, shall be borne by the developer, with the right
of recoupment, without inflation or interest adjustment in the recoupment
amount.
(4)
The subdivider shall install water mains in accordance with this
Code and specifications of the Village Engineer when it is determined
that the proposed subdivision lies within a public sanitary sewer
service area and water main facilities are programmed to be extended
to the proposed subdivision within six years. Until such time as the
public water mains within the subdivision can be connected to the
larger community water supply system, they shall be temporarily capped.
No private or public use shall be connected to the water mains within
the subdivision until such water mains are connected to the larger
community water supply system. The subdivider shall indicate on the
face of the plat that the owner of private uses within the subdivision
shall connect such uses to the water mains within the subdivision
and that the Village is held harmless for any damages or costs incurred
to disconnect and abandon any on-site water supply system then in
place and any costs associated with connection to the public water
mains.
Pursuant to § 474-42, the Village shall construct where deemed necessary and pay for 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 Village Engineer. Such required improvements shall be dedicated to the Village upon such terms and conditions as the Village Board may determine.
A.
Installation and maintenance.
(1)
Insofar as possible, all utilities, including but not limited to
natural gas, telephone, cable television, electric, and water service,
shall be installed and paid for by the subdivider and 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.
(2)
Prior to any maintenance, repair or replacement being performed by
the developer during the bond period, it 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.
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, television
cables and telephone lines from which lots are individually served
shall be underground unless the Village Board, upon the recommendation
of pertinent Village utilities or the Plan Commission, specifically
allows overhead poles for the following reasons:
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 provided by the appropriate
private utilities.
The Village Board shall require the subdivider to install streetlamps
within 18 months of the Village's approval of the project 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 Board.
A.
The subdivider shall pay the costs of providing the street signing
necessary to serve the development. Such signing shall include street
name signs, traffic control 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 to 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 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, in compliance with Village ordinances.
The subdivider shall submit an erosion control plan that specifies
measures that will be taken to assure the minimization of erosion
problems. The subdivider is responsible for the cost of required erosion
control measures.
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.
Rear yard fences shall not be permitted on zero lot line lots.
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 § 474-29.
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 (along front lot lines for gas and electric service).
Such easements shall be located along rear lot lines, unless otherwise
placed by the Village Engineer if rear yard placement is not feasible.
Evidence shall be furnished the Village 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.
(3)
Village staff shall approve, prior to construction, the placement
location of specific utilities using the easement.
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/her
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, 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 § 474-20.
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 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.
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 or necessary because of
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 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, materialman or laborer after
all required improvements have been installed. Acceptance of the improvements
may be requested in the following increments:
(2)
The Village 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 Village
Engineer shall conduct any necessary final inspections of the improvements
and forward a report to the Village 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 Village
Engineer, together with the recommendation of the Village Clerk, shall
be forwarded to the Village Board 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 § 474-44.
