A.
General requirement.
(1)
In accordance with the authority granted by § 236.13 of
the Wisconsin Statutes, the Village of Spencer 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 Village with security
to ensure that the subdivider will make the 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 requires 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 or that a specific portion of the costs
be paid in advance as provided in § 66.0709, Wis. Stats.
B.
Options.
(1)
The required public improvements shall be installed by the subdivider
at his cost; or
(2)
The subdivider may petition the Village for the installation of the
required public improvements by Village contract. The petition must
be received by the Village prior to August of the year preceding the
required installation so that the petition may be considered for inclusion
in the Village budget. If the Village Board elects to install the
petitioned improvements, it may accept an irrevocable letter of credit
provided by the subdivider equal to 120% of the amount of the Village’s
engineer’s estimates for improvements. The funds due from the
subdivider for the portion of the petitioned improvements necessary
to serve the proposed land division shall be due to the Village together
with interest, within six months of the date of Village acceptance
of the improvements; or[1]
(3)
Bond process; recapture agreement; reimbursement agreement.
(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 benefiting 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 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 benefiting 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 areas identified in the Village's
Comprehensive Plan or other adopted comprehensive development or public
facilities plan.
(4)
Any workable combination of the above determined by the Village Board
as acceptable.
(5)
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 wishes to proceed with the development, to obtain necessary easements or right-of-way and construct and pay for such public improvement extensions as provided under Subsection B(1) or (2) 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 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 five years 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 subdivider shall be required to enter into a contract
with the Village for land division improvements agreeing to install
improvements as herein provided before final approval of any plat
or land division. The contract form shall be provided by the Village
and may provide for a phasing of public improvements construction,
providing 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 prepared by the Village 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 Village. When a letter of credit is posted as security, the
Village must be the beneficiary. When the security is furnished to
insure the construction of required improvements within the extraterritorial
jurisdiction of the Village, it may name the town and the county,
or either of them, as additional obligees, payees or beneficiaries.
(2)
When the land is situated within the extraterritorial jurisdiction
of the Village, the subdivider shall, at the time the contract is
entered, furnish a bond, certificate of deposit, irrevocable letter
of credit or certified check to the Village in an amount equal to
25% of the estimated cost of all required improvements as determined
by the Village Engineer.
(3)
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.
(4)
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.
(5)
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 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 Administrator-Clerk/Treasurer is authorized, 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 Administrator-Clerk/Treasurer is authorized 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.[1]
(6)
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.
(7)
The subdivider shall agree in the development contract to pay all
street costs except bituminous pavement, 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.
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 heirs and assigns (including purchasers of property
from the subdivider), waive notice and hearing for and authorize the
assessment for 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, 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.
E.
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 surety to insure the placing of such monuments within the time required.
On behalf of the Village, the Village Administrator-Clerk/Treasurer
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 other such section monument, the established monument shall be
preserved and/or fully restored by the subdivider at his cost.
A.
Engineering reports, construction plans and specifications. As required by § 424-10, engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the preliminary plat. At the final plat stage, construction plans for the required improvements conforming in all respects with 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. Such plans, 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 with the Village Administrator-Clerk/Treasurer 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 the Village's Erosion Control Chapter
(Building Code),[1] 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 required by this chapter are
satisfactorily completed.
(2)
During the course of construction, the Village Engineer shall make
such inspections as he or the Village Board deems necessary to insure
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 insure satisfactory work.
D.
Subdivider to reimburse the Village for costs sustained. The subdivider
of land divisions within the Village shall reimburse the Village 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 Village's costs shall be determined as
follows:
(1)
The cost of Village 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 Village Administrator-Clerk/Treasurer
to represent the Village's cost for expenses, benefits, insurance,
sick leave, holidays, vacation and similar benefits.
(2)
The cost of Village equipment employed.
(3)
The cost of mileage reimbursed to Village employees which is attributed
to the land division.
(4)
The actual costs of Village 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 Village shall bill the subdivider monthly for expenses
incurred by the Village. 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 Village until amounts total more than $50 or until
the conclusion of project activities.
E.
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.
The subdivider shall construct streets, roads and alleys as
outlined on the approved plans based on the requirements of this chapter,
particularly §§ 423-38 and 424-39:
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 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 Administrator-Clerk/Treasurer
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 and 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.
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.
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 Village, 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 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.
The cost of installation of all inside curbs and gutters for dual
roadway pavements shall be borne by the Village.
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 28 days, and contain two continuous
one-half-inch-diameter reinforcing rods in the gutter flag at locations
crossing underground utility excavations or where otherwise directed
by the Village Engineer. Expansion joints 3/4 inch thick shall be
placed in the curb at each starting and ending of a radius and at
intervals not exceeding 300 feet and where otherwise directed by the
Village Engineer. Tie bars shall be provided where curb and gutter
is adjacent to rigid pavements.
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
and on each side of any structures located in the concrete (i.e.,
inlets).
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 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
to Village specifications as follows: 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.
Sidewalks and bikeways constructed at street intersections or within
five feet of a legal crosswalk shall include provisions for curb ramping
as required by § 66.0911, Wis. Stats., and in accordance
with Village standards. In all cases where the grades or 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 § 66.0911, 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 1/2 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 Village ordinance, persons may ride a bicycle upon public
sidewalks.
E.
Location determination. The Village Engineer 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 Village specifications. Sidewalks shall be constructed according to the standards in § 418-5.
G.
Required locations. The subdivider shall be required to install sidewalks
and/or bikeways in accordance with the following:
(1)
All "through highways," or extensions thereof, shall have sidewalks
and/or bikeways installed in any number of block-long increments between
consecutive intersections (one block being from one intersection to
the next consecutive intersection) regardless of length or location
within or outside of plat boundaries.
(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
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 Village Engineer. The subdivider shall install adequate sanitary
sewer facilities and connect them to Village sewer mains subject to
specifications and inspection by the Village Engineer. All sanitary
sewers shall be in accordance with Ch. NR 110, Wis. Adm. Code. The
assessment charge for sanitary sewer main, construction and installation,
and for water main, construction and installation, shall be the actual
cost of the construction and installation of such water mains and
sewer mains and shall be charged to the adjoining property owners
on a frontage basis. If more than one frontage is affected, the assessment
shall be divided equally.
B.
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. Where sewers larger
than eight inches in diameter are required, the land divider shall
be responsible for the cost of an eight-inch sewer. The difference
in cost between the eight-inch sewer and that installed shall be borne
by the Village.
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 Plumbing Inspector 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 Village Engineer. All sanitary sewer facilities shall
be floodproofed.
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.
Installation and connection.
(1)
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. The assessment charge for sanitary sewer
main, construction and installation, and for water main, construction
and installation, shall be the actual cost of the construction and
installation of such water mains and sewer mains and shall be charged
to the adjoining property owners on a frontage basis. If more than
one frontage is affected the assessment shall be divided equally.
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 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 Department in an emergency situation.
(2)
The land divider shall have prepared plan and profile drawings and
specifications for the installation of water main facilities in accordance
with Village 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 Village Engineer and by Village 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 same, including inspection. supervision
and engineering fees, shall be paid for by the subdivider.
(3)
Where water mains larger than eight inches in diameter are required,
the subdivider shall be responsible for the cost of an eight-inch
main. The difference in cost between the eight-inch main and that
installed shall be borne by the Village or its utilities.
(4)
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.
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.
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 Plumbing Inspector 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 Village Engineer. All sanitary sewer facilities shall
be floodproofed.
Pursuant to § 424-42, the subdivider shall provide stormwater drainage facilities which include curb and gutter, catch basins and inlets, 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. Storm sewer laterals of the sizes and materials required by the Village Administrator or Village 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 Village 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 Village 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.
Maintenance guarantee.
(1)
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.
(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 work day prior to doing 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 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 approved by the Village Engineer.
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 Village Engineer.
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 from any sanitary sewer service, water service,
or driveway apron. The trees shall be spaced not more than 50 feet
apart. At street corners, trees shall be located at least 20 feet
from the intersection of right-of-way lines.
A.
The subdivider shall arrange with the Village 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 Village Engineer
or Village Administrator until the street improvements have been accepted
by Village Board resolution.
B.
The Village Administrator shall have the authority to impose any
restrictions to traffic on street improvements not yet accepted by
the Village 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, 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.
A.
Utility easements. The Village Board, on the recommendation of appropriate
departments, utilities and agencies serving the Village, 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 15 feet wide, or wider where
recommended by the Village 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 Plan 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 plat 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 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 § 424-20A.
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 which are necessary because
of the intended dedication have been completed and accepted by the
Village Board 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 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 owned to any surveyor,
mechanic, contractor, subcontractor, material man or laborer after
all required improvements have been installed. Acceptance of the improvements
may be requested in the following increments:
(2)
The Village Administrator-Clerk/Treasurer 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 engineer, 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
Administrator-Clerk/Treasurer recommending either approval or disapproval.
When the engineering, inspection, taxes, special assessments and legal
fees 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 Administrator-Clerk/Treasurer, 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 § 424-44.
