A.
Streets.
(1)
Arrangement. In any new subdivision the street, block and lot layouts
shall conform to the arrangement, width and location indicated on
the City Official Map, County jurisdictional highway system plan,
Comprehensive Plan or plan component or neighborhood development plan,
if any, of the City, town or county and shall be so designated as
to: be within the capability of the land and water resources; least
disturb the existing terrain, flora, fauna and water regimen; and
meet all the use, site, sanitary, floodland and shoreland regulations
contained in the City Zoning Code and the Jefferson County Code when
applicable. In areas for which such plans have not been completed,
the street layout shall recognize the functional classification of
the various types of streets and shall be developed and located in
proper relation to existing and proposed streets, to the topography,
to such natural features as streams and tree growth, to public convenience
and safety, to the proposed use of the land to be served by such streets
and to the most advantageous development of adjoining areas. The subdivision
shall be designed so as to provide each lot with satisfactory solar
access and access to a public street.
(a)
Arterial streets, as defined in § 650-7, shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation and points beyond the boundaries of the community. Arterial streets shall also be properly integrated with and related to the existing and proposed area-wide system of arterial streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect.
(b)
Collector streets, as defined in § 650-7, shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the arterial street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches and shopping centers and other concentrations of population and to the arterial streets into which they connect.
(c)
Minor streets, as defined in § 650-7, shall be arranged to conform to the topography, discourage use by through traffic, permit the design of efficient storm and sanitary sewerage systems and require the minimum street area necessary to provide safe and convenient access to abutting property.
(d)
Proposed streets shall extend to the boundary lines of the tract
being subdivided unless prevented by topography or other physical
conditions or unless the City Plan Commission finds that such extension
is not necessary or desirable for the coordination of the layout of
the subdivision or for the advantageous development of the adjacent
tracts.
(e)
Arterial street and highway protection. Whenever the proposed subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage with screen planting contained in a non-access reservation along the rear property line or by the use of frontage streets consistent with Subsection A(2)(a) of this section.
(f)
Public access shall be provided to all navigable stream or lake
shores. Such access shall be at least 60 feet in width platted to
the low water mark at intervals of not more than 1/2 mile as required
by § 236.16(3), Wis. Stats., unless greater intervals and
wider access is agreed upon by the City Plan Commission, the Wisconsin
Department of Natural Resources and the Department of Administration.
All platted public access shall front on a public street, highway,
parkway or other public way.
(g)
Reserve strips shall not be provided on any plat to control
access to streets or alleys, except where control of such strips is
placed with the City under conditions approved by the Plan Commission.
(h)
Street names shall not duplicate or be similar to existing street
names, and existing street names shall be projected wherever possible.
Final approval of street names rests with the City Council, upon recommendation
of the Plan Commission, Public Works Board and Police Department.
(i)
Access shall be provided in commercial and industrial areas
for off-street loading and service areas unless otherwise required
by the Plan Commission.
(2)
Limited access highway and railroad right-of-way treatment. Whenever
the proposed subdivision contains or is adjacent to a limited access
highway, arterial or railroad right-of-way, the design shall provide
the following treatment:
(a)
When lots within the proposed subdivision back upon the right-of-way
of an existing or proposed limited access highway, arterial or a railroad,
a planting strip at least 30 feet in depth shall be provided adjacent
to the highway or railroad in addition to the normal lot depth. This
strip shall be part of the platted lots but shall have the following
restriction lettered on the face of the plat: "This strip reserved
for the planting of trees and shrubs and the building of all structures
excepting public or private utility structures hereon is prohibited."
(b)
Where commercial and industrial districts are involved there
shall be provided, on each side of the limited access highway or railroad,
streets approximately parallel to and at a suitable distance from
such highway or railroad for the appropriate use of the land between
such streets and highway or railroad, but shall not be less than 150
feet from the right-of-way of the limited access highway or railroad.
(c)
If a proposed street is to parallel a limited access highway
or railroad right-of-way (not to include bicycle or recreation trails),
and if the proposed street intersects an arterial or collector street
that crosses a railroad or highway, then the proposed street shall
be located at least 250 feet from the limited access highway or railroad
right-of-way to which it is parallel. See Figure 5.1.
|
Figure 5.1: Recommended Right-of-Way Separation Parallel
to a Highway or Railroad
|
(d)
Minor streets immediately adjacent and parallel to railroad
rights-of-way shall be avoided and location of minor streets immediately
adjacent to arterial streets and highways and railroad rights-of-way
shall be avoided in residential areas.
(3)
Street and pedestrianway design standards.
(a)
Minimum standards. The minimum right-of-way, construction standards
and roadway width of all proposed streets and alleys shall be as specified
by the City's standard specifications, Comprehensive Plan, Official
Map or neighborhood development plan or county jurisdictional highway
system plan or, if no width is specified therein, the minimum width
shall be as shown on Table 5.1 below, unless otherwise specified in
the Long-Range Transportation Plan.
|
Table 5.1: Right-of-Way Width
| ||
|---|---|---|
|
Street Type
|
Right-of-Way Width
(feet)
| |
|
Arterial
|
100
| |
|
Collector
|
80
| |
|
Local residential
|
66
| |
|
Pedestrianways
|
10
| |
(b)
Cul-de-sac streets. Unless otherwise waived by the City Council,
streets designed to have one end permanently closed shall not exceed
300 feet in length, shall be paved with a minimum thirty-four-foot-wide
pavement, finished with standard curb and gutter which shall be smoothly
connected to the main street, and shall have a minimum right-of-way
radius of 60 feet and a minimum outside curb radius of 48 feet.
(c)
Street grades. Street grades shall be established wherever practicable
so as to avoid excessive grading, the indiscriminate removal of ground
cover and tree growth, and general leveling of the topography. All
changes in street grades shall be connected by vertical curves of
a minimum length equivalent in feet to 15 times the algebraic difference
in the rates of grade for arterial streets and 1/2 this minimum for
all other streets. Unless necessitated by exceptional topography,
subject to the approval of the City Council, the maximum center line
grade of any street or public shall comply with Table 5.2. In no case
shall the grade of any street exceed 12% or be less than 1/2 of 1%.
|
Table 5.2: Maximum Permitted Grade
| ||
|---|---|---|
|
Street Type
|
Maximum Permitted Grade
| |
|
Arterial streets
|
6%
| |
|
Collector streets
|
8%
| |
|
Minor streets, alleys and frontage streets
|
10%
| |
|
Pedestrianways
|
12%, unless steps of acceptable design are provided
| |
(d)
Half streets. Where an existing dedicated or platted half street
is adjacent to the tract being subdivided, the other half of the street
shall be dedicated by the subdivider. The platting of new half streets
shall not be permitted.
(e)
Roadway elevations through floodlands. Elevations of roadways
passing through floodland areas shall be designed in the following
manner:
[1]
At least two feet above the one-hundred-year recurrence interval
flood elevation for arterial streets.
[2]
At least two feet above the ten-year recurrence interval flood
elevation for minor streets.
[3]
At no less than the one-hundred-year recurrence interval flood
elevation for collector streets.
(f)
New and replacement bridges and culverts. All new and replacement
bridges and culverts over perennial waterways, including pedestrian
and other minor bridges, in addition to meeting other applicable requirements,
shall be designed so as to accommodate the one-hundred-year recurrence
interval flood event without raising the peak stage, either upstream
or downstream, more than 0.01 foot above the peak stage for the one-hundred-year
recurrence interval flood, as established in the applicable federal
flood insurance study or other technical study. Larger permissible
flood stage increases may be acceptable for reaches having topographic
land use conditions which could accommodate the increased stage without
creating additional flood damage potential upstream or downstream
of the proposed structure providing that flood easements or other
appropriate legal measures have been secured from all property owners
affected by the excess stage increases. Such bridges and culverts
shall be so designed and constructed as to facilitate the passage
of ice floes and other debris. All new and replacement bridges shall
be constructed in accordance with all applicable state statutes and
codes and plans shall be submitted to the Department of Natural Resources
(DNR) to assure compliance therewith.
(g)
Radii of curvature.
[1]
When a continuous street center line deflects at any one point
by more than 10 degrees, a circular curve shall be introduced having
a radius of curvature on the center line of not less than the following:
|
Table 5.3: Radii of Curvature
| ||
|---|---|---|
|
Street Type
|
Radii of Curvature
(feet)
| |
|
Arterial streets and highways
|
500
| |
|
Collector streets
|
300
| |
|
Minor streets
|
100
| |
[2]
Where the Wisconsin Department of Transportation Facilities
Development Manual (FDM 11-10-5) recommends a greater radii of curvature,
the FDM shall govern. The length of tangent shall be at least 100
feet between reverse curves on arterial and collector streets.
(h)
Tangents. A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(i)
Reserve strips. Reserve strips controlling access to streets
shall be prohibited except where their control is definitely placed
in the City under conditions approved by the Plan Commission.
B.
Street intersections.
(1)
Streets shall intersect as nearly as possible at right angles as
topography and other limiting factors of good design permit, and not
more than two streets shall intersect at one point unless approved
by the Plan Commission,
(2)
The number of intersections along arterial streets and highways shall
be held to a minimum. Wherever practicable, the distance between such
intersections shall not be less than 1,200 feet.
(3)
Property lines at street intersections shall be rounded with a radius
of 25 feet or of a greater radius where the Plan Commission considers
it necessary, or shall be cut off by a straight line through the points
of tangency of any arc having a radius of 45 feet.
(4)
Street jogs with center-line offsets of less than 125 feet shall
be avoided. Minor streets shall not necessarily continue across arterial
or collector streets, but if the center line of such minor streets
approach the collector or arterial streets from opposite sides within
300 feet of each other, measured along the center line of such arterial
or collector streets, then the location of such minor streets shall
be adjusted so that the adjoinment across the arterial or collector
streets is continuous and a jog is avoided.
(5)
On all streets where sidewalks are required, ramps or openings to
accommodate handicapped individuals or vehicles shall be provided
in accordance with § 66.0909, Wis. Stats.
C.
Alleys.
(1)
Alleys shall be provided in all commercial and industrial districts,
except that the Plan Commission may waive this requirement where other
definite and assured provision is made for service access such as
off-street loading and parking consistent with and adequate for the
uses proposed.
(2)
Alleys shall not be approved in residential areas unless necessary
because of topography or other exceptional circumstances.
(3)
The width of alleys shall be not less than 25 feet.
(4)
Dead-end alleys are prohibited except under very unusual circumstances,
and crooked and "T" alleys shall be discouraged. Where dead-end alleys
are unavoidable, alleys shall be provided with adequate turnaround
facilities at the dead end.
D.
Blocks. The widths, lengths and shapes of blocks shall be suited
to the planned use of the land; zoning requirements; need for convenient
access, control and safety of street traffic; topography and solar
access.
(1)
The lengths, widths and shapes of blocks shall be such as are appropriate
for the locality and the type of development contemplated but block
lengths in residential areas shall not exceed 1,500 feet nor be less
than 300 feet between street lines.
(2)
Pedestrianways of not more than 10 feet in width may be required
where deemed necessary by the City Plan Commission to provide safe
and convenient pedestrian circulation between the individual lots,
streams, lakeshores, parklands or other public areas or may be required
near the center and entirely across any block where deemed essential
by the City Plan Commission to provide adequate pedestrian circulation
or access to schools, shopping centers, churches, parks, open spaces,
or transportation facilities. The final plat shall contain a special
restriction addressing by whom midblock pedestrianways will be maintained.
(3)
The width of blocks shall be wide enough to provide for two tiers
of lots of appropriate depth except where otherwise required to separate
residential development from through traffic. Width of lots or parcels
reserved or laid out for commercial or industrial use shall be adequate
to provide for off-street service and parking required by the use
contemplated and the area zoning restrictions for such use.
(4)
Utility easements shall, where practical, be placed on midblock easements
along rear lot lines.
E.
Lots. The size, shape and orientation of lots shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated. The lots should be designed to provide an aesthetically
pleasing building site and a proper architectural setting and for
solar access for the building contemplated. In addition:
(1)
Lot lines. Side lot lines shall be substantially at right angles
of radial street lines.
(2)
Municipal boundaries. Lots shall follow municipal boundary lines
whenever practicable, rather than cross them.
(3)
Shape. The shape of lots shall generally be rectangular, with lots
platted on culs-de-sac generally narrower at the street line than
at the rear lot line.
(4)
Lots at right angles. Lots at right angles to each other should be
avoided whenever possible, especially in residential areas.
(5)
Large lots. In case a tract is subdivided into parcels containing
one or more acres, such parcels shall be arranged to allow the re-subdivision
of any parcels into normal lots in accordance with the provisions
of this chapter.
(6)
Double frontage and reverse frontage. Double frontage and reversed
frontage lots shall be avoided except where necessary to provide separation
of residential development from through traffic or to overcome specific
disadvantages of topography and orientation. Where double frontage
and reverse frontage lots are permitted, an extra lot depth of 30
feet or landscaped buffering shall be provided, unless a greater depth
is specified herein. Landscape buffering shall be to a minimum depth
of 15 feet.
(7)
Access to public street. Every lot shall front or abut on a public
street for a distance of at least 30 feet and be at least 45 feet
on all proposed culs-de-sac. Lots with an access only to private drives
or streets shall be permitted only with the Plan Commission approval.
(8)
Area. Area of all lots shall conform to the requirements of the City
Zoning Code or zoning ordinance of the jurisdiction where the land
division occurs.
(9)
Depth. Depth of lots shall be a minimum of 100 feet. Excessive depth
in relation to width shall be avoided and a proportion of two to one
shall be considered a desirable ratio under normal conditions. Residential
lots, fronting on major streets and highways, should be platted with
extra depth to permit generous distances between the buildings and
such trafficways. Depth and width of lots or parcels reserved or laid
out for commercial or industrial use shall be adequate to provide
for off-street service and parking and outdoor storage required by
the use contemplated and the zoning restrictions for such use.
(10)
Water's edge. Lands lying between the meander line and the water's
edge and any otherwise unplattable lands which lie between a proposed
subdivision and the water's edge shall be included as part of lots,
outlots or public dedications in any plat abutting a stream or lake.
(11)
Width. Width of lots shall conform to the requirements of the
Zoning Ordinance or other applicable ordinance.
(12)
Corner lots. Corner lots for residential use should have extra
width to permit full building setback of at least 30 feet from both
streets or as required by the zoning regulations of the City.
F.
Building setback lines.
(1)
Building setback lines, appropriate to the location and type of development
contemplated, which are more or less restrictive than the regulations
of the zoning district in which the plat is located, may be required
by the Plan Commission, if under planned development. Building setback
lines appropriate to the location and type of development contemplated
which are more restrictive than the regulation of the zoning district
in which the plat is located, may be required by the Plan Commission
and shall be shown on the final plat or certified survey map. Examples
of the application of this provision include requiring greater setbacks
on cul-de-sac lots to achieve the necessary lot width at the setback
line, requiring greater setbacks to conform to setbacks of existing
adjacent development or setting special yard requirements to protect
natural resource elements.
(2)
Shoreland/wetland and isolated wetland setbacks, in addition to those
required by the City Zoning Code, may be required by the Plan Commission.
See the Zoning Code for more details regarding the specific wetland
protection buffer areas.
G.
Special restrictions. Special restrictions which are appropriate
to the location or design of the land division may be required by
the Plan Commission and shall be shown on the final plat or certified
survey map. Examples of the application of this provision include
access control along public ways, required planting and buffering
strips, and prohibition of structures and vegetative clearing in environmentally
significant lands.
H.
Easements.
(1)
Utility. The Plan Commission or Public Works Board may require utility
easements of widths deemed adequate for the intended purpose on each
side of all rear lot lines and on each side of all side lot lines
or across lots where necessary or advisable for electric power and
communication facilities, storm and sanitary sewers; street trees,
gas, water, streetlights and other utility lines and solar access.
All easements shall be noted on the final plat followed by reference
to the use or uses for which they are intended.
(2)
Drainage easements. Where a subdivision is traversed by a watercourse,
drainageway channel or stream, an adequate easement shall be provided.
The location, width, alignment, and improvement of such drainageway
or easement shall be subject to the approval of the City's Engineering
Consultant; and parallel streets or parkways may be required in connection
therewith. Where necessary, stormwater drainage shall be maintained
by landscaped open channels of adequate size and grade to hydraulically
accommodate maximum potential volumes of flow, subject to review and
approval by the City's Engineering Consultant. All easements shall
be noted on the final plat followed by reference to the use or uses
for which they are intended.
I.
Public sites, parks, and open spaces.
(1)
Purpose. The requirements of this section are established to insure
that adequate parks, open spaces and sites for other public uses are
properly located and preserved as the City grows. It has also been
established to insure that the cost of providing the park and recreation
sites and facilities necessary to serve the additional people brought
into the community by land development may be equitably apportioned
on the basis of the additional needs created by the development. The
requirements shall apply to all lands proposed for all residential
development.
(2)
Design. In the design of a subdivision, land division, planned unit development or development project, provision shall be made for suitable sites or adequate areas for future schools, parks, playgrounds, open spaces, drainageways and other public purposes. Such sites, as are shown on the Official Map, Comprehensive Plan, Comprehensive Plan component, comprehensive outdoor recreation plan, Official Map or component, neighborhood development plan, or that are deemed appropriate and necessary by the Plan Commission, shall be made a part of the design. Consideration shall be given to the preservation of scenic and historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses, watersheds, ravines, and woodland, prairie and wetland plant and animal communities. The park shall be improved with the necessary public improvements required in § 650-33F.
(3)
Dedication, reservation, payment-in-lieu-of. Accordingly, each subdivider
of land in the City shall, at the discretion and direction of the
Plan Commission, either dedicate open space lands designated on the
City Comprehensive Plan or plan component or reserve such open space
lands and pay a fee or, where no open space lands are directly involved,
pay a fee. The Plan Commission shall, at the time of reviewing the
preliminary plat, condominium plat, or certified survey map, select
one of the following options and record its selection in the minutes
of the meeting at which the preliminary plat, condominium plat, or
certified survey map is presented for approval:
(a)
Dedication option. Whenever a proposed playground, park, recreation,
or other public open space land designated on the City's Comprehensive
Plan, neighborhood unit development plan or other Comprehensive Plan
component is encompassed, all or in part, within a tract of land to
be subdivided by plat or certified survey map, the public lands shall
be made a part of the plat and be dedicated to the public by the subdivider.
A minimum of 1,740 square feet of land area shall be dedicated for
each proposed dwelling unit.
(b)
Reservation option. Whenever a proposed playground, park or other public open space land designated on the City's Comprehensive Plan, neighborhood unit development plan or other Comprehensive Plan component is encompassed, all or in part, within a tract of land to be subdivided by plat or certified survey map, the proposed public open space lands shall be made a part of the plat or certified survey map and reserved at the time of final plat or certified survey map approval for a period not to exceed three years, unless extended by mutual agreement, for acquisition at undeveloped land prices by the public agency having jurisdiction and the subdivider shall pay a fee at the time of the signing and recording of a certified survey map, or final plat of the subdivision, or part thereof at the rate and according to the procedures in Subsection I(3)(c) below. Land not acquired within the three-year time period will be released to the owner.
(c)
Park fee option. If the proposed land division does not encompass a proposed public park, parkway, open space conservation site or other open space lands, or if the City Plan Commission requires the reservation of land under Subsection I(3)(b) above, park dedication fees shall be required.
(d)
A park dedication fee shall apply to both residential and nonresidential
properties and shall be paid to the City Treasurer at the time of
the signing and recording of a certified survey map, final condominium
plat, or final plat of the subdivision, or part thereof in an amount
as from time to time established by resolution of the City Council
to defray the impact the additional development and residences will
have on City parks, the City trail system, and the preserving of the
City's agricultural, natural and cultural resources within the City's
park system. The amount of the fee shall be set by resolution from
year to year and shall be applied on the basis of the total number
of newly created residential dwelling units, newly created lots, and
per acre of developable land. Such fees collected by the City Treasurer
under the provisions of this section shall be placed in separate nonlapsing
special funds for park improvement purposes as allowed by Wis. Stats.
§ 66.0617. The funds shall be separated as established by
resolution of City Council to defray that cost of City park system
expansion and opportunities resulting from additional development
and new residences. The funds shall be separate from the City general
fund and such special funds shall be used exclusively for funding
the acquisition or initial improvement of land for public parks as
per Wisconsin Statutes. The improvement of land for public parks means
grading, landscaping, installation of utilities, construction of sidewalks,
installation of playground equipment, and construction, or installation
of restroom facilities on land intended for public park purposes.
J.
Private common areas or improvements.
(1)
If any commonly owned areas or improvements are to be part of the
subdivision, such privately owned portions of the subdivision shall
have an approved conservation easement or deed restriction that makes
provisions acceptable to the City for maintenance of said common areas
or improvements.
(2)
The City shall require assurances that a homeowners' association,
nonprofit land trust, appropriate government agency, or other responsible
party will maintain the common area or improvements in perpetuity.
(3)
If the common area or improvements are to be managed by a homeowners'
association, it shall be a nonprofit membership corporation whose
purpose will be to maintain, improve, and preserve certain properties
within the project.
(a)
To that extent, Wis. Stats. § 779.70 provides for
the imposition of a maintenance lien on all properties in the development
and the homeowners' association may impose liens upon each lot for
the cost of maintenance of common areas and improvements. The liens
may be enforced by foreclosure or direct action against property owners
to collect the amounts at law.
(b)
The City of Lake Mills shall be named as a third-party beneficiary
of any such lien. The declaration of covenants shall set forth the
provisions of the maintenance lien outlined above and also provide
for the right of the City to enforce these rights as a third party
beneficiary. The enforcement shall be preceded by a thirty-day written
notice allowing the homeowners' association to perform the required
maintenance.
(c)
In the event no performance is made, the City may directly make
the repairs or maintenance and charge the costs as assessments to
individual lot owners.
(d)
The declarant for itself and its assigns shall waive notice
and protest of tax or assessments that may be levied by the City for
the maintenance or repairs performed by the City. Such assessment
of the pro rata share shall be a lien upon all the lots subject to
the covenants and such assessment shall be included in the tax bill
for each lot.
(e)
In addition, the declarant shall post a surety bond in the amount
of $15,000 for a period of five years from the date the association
is incorporated that will ensure performance of the obligations of
the homeowners' association hereunder. Thereafter, the homeowners'
association shall maintain a fund in a minimum amount of $5,000 for
the purpose of reimbursing expenses related to the operation of the
association.
(f)
The homeowners' association may not amend its bylaws in any
material respect that would adversely affect the interests of the
City of Lake Mills nor will it dissolve without the advance written
consent of the City of Lake Mills.
(4)
If the common area or improvements are to be managed through an entity
other than a homeowners' association, such entity shall post a surety
bond or make other acceptable assurances that the payment of the costs
of the management of the common areas or improvements will be adequately
made in perpetuity.
A.
General. All required improvements shall be constructed in accordance
with plans and standard specifications approved by the City Public
Works Board, City's engineering consultant, and WDNR, as may be appropriate.
Such plans and standard specifications shall be submitted, reviewed
and approved in accordance with § 650-34Gof this chapter.
(1)
The improving of a dedicated roadway to City specifications must
follow the following guidelines: All land divisions which create new
public ROW shall be required to improve, within said ROW, a public
road to City of Lake Mills' specifications and detail drawings. Should
the road end with a permanent cul-de-sac, land must be dedicated per
City standards and the road constructed to City of Lake Mills specifications.
Should the road end with a future possible road extension, a temporary
cul-de-sac may be constructed with a temporary easement; however,
the size must be the same as a permanent cul-de-sac. City of Lake
Mills stormwater management requirements must be met should the improvements
add more than 1/2 of an acre of impervious surface. All roadway, grading,
storm sewer, and stormwater plans must be reviewed by the City of
Lake Mills as required by the municipal code. The following requirements
vary by the size of the parcels being divided:
(a)
Should a land division create parcels with an average size of
less than or equal to 40,000 square feet, the road shall be built
to City specifications that include curb and gutter and storm sewer.
(b)
Should a land division create parcels with an average size of
greater than 40,000 square feet, the developer may choose to request
a Public Works Board decision regarding the type of improvements required.
The only option Public Works Board will consider other than curb and
gutter section is ditch section construction per City of Lake Mills
specifications. Should this option be permitted, the ditch sections
shall be maintained by the developer initially and ultimately the
homeowners' association. Furthermore, these restrictions outlining
the responsibility of this maintenance shall be recorded in a developer's
agreement approved by the City's City Council concurrent with the
final land division document.
(c)
Private driveways within newly created public ROW are not allowed
under any circumstance.
(2)
Improvements to be extended to farthest limit of parcel or lot. Any
and all improvements, streets, or utility services required by this
chapter, for the subdivision, certified survey map, or condominium
plat shall be extended to the farthest limit of the parcel or lot
as set forth on the plans and specifications approved by the City.
If determined by the Plan Commission, based on the information of
engineering staff, that a resulting development will cause increased
impacts on existing infrastructure, the cost of all reasonably necessary
improvements on the exterior of a development, such as expanded roadways,
intersections, and/or utility extensions shall be paid by the developer/owner.
(3)
Improvements to be extended to farthest affected area. Any and all
improvements, streets, or utility services required by this chapter,
for the subdivision, certified survey map, or condominium plat shall
be extended to the farthest affected area. If determined by the Public
Works Board, Public Utilities Committee, or Planning Commission, based
on the information of engineering staff, that a resulting development
will cause increased affects on infrastructure, the cost of all improvements
on the exterior of a development, such as expanded roadways, intersections,
and/or utility extensions shall be paid by the developer/owner.
B.
Survey monuments. The subdivider shall install survey monuments placed
in accordance with the requirements of § 236.15, Wis. Stats.,
and as may be required by the City's engineering consultant.
C.
Grading.
(1)
Cut-and-filled lands shall be graded in accordance with the approved
plans or the soil's angle of repose, whichever is the lesser, and
an approved cover shall be established within 30 days following completion
of grading operations or such additional time period as may be approved
by the City's engineering consultant.
(2)
The subdivider shall grade the full width of the right-of-way of
all streets proposed to be dedicated in accordance with plans and
standard specifications approved by the City Public Works Board, and
any agency having jurisdiction, including the WDNR, upon the recommendation
of the City's engineering consultant. The subdivider shall grade the
roadbeds in the street rights-of-way to subgrade.
(3)
Where electric and communication facilities are to be installed underground,
the utility easements shall be graded to within six feet of final
grade by the subdivider prior to the installation of such facilities
and earth fill, piles or mounds of dirt or construction materials
shall not be stored on such easement areas.
D.
Surfacing. After the installation of all utility and stormwater drainage
improvements, the subdivider shall surface all roadways in streets
proposed to be dedicated to the widths prescribed by these regulations
and the adopted Comprehensive Plans or adopted plan components. Such
surfacing shall be done in accordance with plans and standard specifications
approved by the City Public Works Board, Public Utilities Committee,
upon the recommendation of the City's Engineering Consultant and adopted
by the City Council or its authorized agents. The second lift of asphalt
shall be installed in accordance with policies established from time
to time by the Public Works Board.
E.
Curb and gutter. The City Council may require the subdivider to construct
concrete curb and gutters in accordance with plans and standard specifications
approved by the City Public Works Board, Public Utilities Committee,
upon the recommendation of the City's engineering consultant and adopted
by the City Council or its authorized agents. Mountable curbs shall
generally be constructed. 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 City
shall be determined based upon policies established from time to time
by the Public Works Board.
F.
Public lands and open spaces.
(1)
Grading, topsoil, and restoration. When park land or other lands
are dedicated to the public, the subdivider is required to bring the
dedicated land up to the contours established in the approved street
and utility plans, topsoil with a minimum of four inches of quality
topsoil, seeded and mulched as specified by the Facilities and Grounds
Director, and fertilized with 16-6-6 fertilizer at the rate of seven
pounds per 1,000 square feet. The topsoil furnished for the site shall
consist of the natural loam, sandy loam, silt loam, silty clay loam
or clay loam humus-bearing soils adapted to the sustenance of plant
life, and such topsoil shall be neither excessively acid nor excessively
alkaline. Fine grading and seeding must occur within one year following
issuance of the first building permit within that land division unless
otherwise authorized by the Facilities and Grounds Director. The improved
park area shall not be deemed officially accepted until a uniform
grass cover to a two-inch height has been established. It shall be
the responsibility of the subdivider to maintain the area until the
City accepts the dedication. It shall be the responsibility of the
City to maintain the dedicated area upon its dedication and acceptance
by the City.
[Amended 8-3-2021 by Ord. No. 1226]
(2)
Water service. All park areas shall be provided by the developer
with a minimum six-inch water service and at least one four-inch sanitary
sewer lateral, all located at the street property line.
(3)
Costs. The subdivider shall pay all costs of public improvements
in the public streets adjacent to or within all public and/or park
lands.
G.
Recreation trails and pedestrianways.
(1)
Sidewalks, including curb and gutter, shall be installed in all residential
and commercial land divisions and may be required by the Plan Commission
in industrial land divisions. The construction of all sidewalks or
off-road paths shall be in accordance with plans and standard specifications
adopted by the City Council.
(2)
Wider-than-standard sidewalks or off-road paths may be required by
the Plan Commission and City Council in the vicinity of schools, commercial
areas and other places of public assemblage where the potential pedestrian
density may warrant and the Council may require the construction of
sidewalks in locations other than required under the preceding provisions
of this chapter, if such walks are necessary in their opinion for
safe and adequate pedestrian circulation.
(3)
Depending on applicability, the City Manager or City Council, in
approving a subdivision plat or certified survey map, shall determine
the timetable for installation of sidewalk, curb and gutter as to
those lots created by the subdivision plat or depicted in the certified
survey map. The City Manager or City Council also may require that
the sidewalks, curb and gutter be installed at such time as 50% of
the lots created by the plat or depicted in the certified survey map
are improved, or at such other time as may be determined; provided,
however, that in no event may the time for completion of the sidewalks,
curb and gutter be extended for more than two years after final approval
of the plat or certified survey map is given by the City.
H.
Sewage disposal facilities. When public sanitary sewer facilities
are available to the subdivision plat or certified survey map, 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. In addition:
(2)
The subdivider shall install sewer laterals to the street lot line
for all lots.
(3)
The size, type and installation of all sanitary sewers and sanitary
sewer laterals proposed to be constructed shall be in accordance with
plans and standard specifications adopted by the City Council.
(4)
The subdivider shall assume the cost of installing all sanitary sewers,
sewer laterals and sewer appurtenance within the proposed subdivision,
except for the added cost of installing sewers greater than eight
inches in diameter which are necessary to serve tributary drainage
areas lying outside of the proposed subdivision, unless the oversizing
is required to serve vacant lands owned or controlled by the subdivider
or adjacent landowner. In addition, the subdivider shall pay to the
City a sanitary sewer trunk line connection fee based on the added
cost of installing larger sewers 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.
I.
Stormwater drainage facilities.
(1)
The subdivider shall construct stormwater drainage facilities, adequate
to serve the subdivision which shall include, but not be limited to,
curbs and gutters, catch basins and inlets, storm sewers, road ditches,
open channels, water retention structures, water detention structures,
temporary sedimentation basins, and settling basins. All such facilities
shall be of adequate size and grade to hydraulically accommodate the
maximum potential volumes of flow and shall be so designed as to prevent
and control soil erosion and sedimentation and to present no hazard
to life or property. All stormwater drainage facilities shall be constructed
in accordance with Administrative Rule 02-01 of the Municipal Code,
which is incorporated herein by reference.[1]
[1]
Editor's Note: Said Administrative Rule 02-01 is on file in
the City offices.
(2)
The subdivider shall assume the cost of installing all storm sewers
within the proposed subdivision or minor land division, except for
the added cost of installing storm sewers greater than those which
are necessary to serve tributary drainage areas lying outside of the
proposed subdivision. In addition, the subdivider shall pay to the
City a storm sewer trunk line connection fee based on the added cost
of installing larger sewers 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. Copies of all WDNR and USACE permits shall be
submitted to the City prior to any construction or disturbances of
land.
J.
Water supply facilities. When public water supply and distribution
facilities are available to the subdivision plat, 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 in accordance with Chapter 623of the Municipal
Code. The subdivider shall make provision for adequate private water
systems as required by the Lake Mills Water Utility in accordance
with the standards of the WDNR and Wisconsin Department of Health
Services. In addition:
(1)
All subdivisions and minor land divisions within the water supply
service area of the City shall be provided public water supply and
distribution facilities or community well facilities, unless a waiver
is granted by the Public Utilities Committee.
(2)
Where a community well is approved by the City Council as a water
distribution system for the subdivision, the developer shall require
the installation of water meters in accordance with the rules and
regulations of the City and the State Plumbing Code. The meter water
usage shall be the basis for establishing water rates in the subdivision.
(3)
The size, type and installation of all public or private water mains
proposed to be constructed shall be in accordance with plans and standard
specifications approved by the Lake Mills Water Utility.
(4)
The subdivider shall assume the cost of installing all water mains,
water laterals and water system appurtenances within the proposed
subdivision, unless otherwise determined by the City Council.
K.
Other utilities.
(1)
The subdivider shall cause gas, electrical 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 or minor
land division. No such electrical, telephone or cable television service
shall be located on overhead poles. In addition, plans indicating
the proposed location of all such utilities shall be approved by the
City's engineering consultant.
(2)
All new electric or communication lines from which lots are individually
served shall be installed underground within all newly platted subdivisions
or minor land divisions unless the Plan Commission shall find that
the lots to be served by such facilities can be served directly from
existing overhead facilities. Associated equipment and facilities
which are pertinent to underground electric and communications systems,
including but not limited to substations, pad-mounted transformers,
pad-mounted sectionalizing switches and pedestal-mounted terminal
boxes may be located above ground. Any landscape screening plan required
for such aboveground equipment shall be submitted to the affected
utilities for approval.
L.
Street lamps, signs, and trees.
(1)
Street lamps and poles. The subdivider shall pay to the City the
cost to install street lamps and lamp poles of a design approved by
the City's Engineering Consultant, at each subdivision street which
intersects an arterial or collector and at such interior block spacing
as may be required by the City Council.
(2)
Signs. The subdivider shall pay to the City the costs for installing
street signs of a design approved by the Director of Public Works
at the intersection of all streets proposed to be dedicated, which
signs shall be provided and installed by the City.
(3)
Trees.
(a)
Planting and location. On all streets in the City of Lake Mills, street trees shall be planted in accordance with Chapter 594, Trees, of this Code, unless found to be unfeasible by the Public Works Board and the City Forester. If terrace trees are found to be unfeasible, then street trees shall be located within an easement dedicated for street tree purposes, located outside of the City street right-of-way on private property. Street tree easements are dependent on the location of utilities proposed in the terrace of the street cross-section. The location of utilities in the right-of-way is variable and dependent on a number of factors including but not limited to: right-of-way width; size and depth of the utility facility; soil type and conditions; construction, maintenance and repair techniques; surface infrastructure material and location; traffic control during construction and maintenance; and reduction in service life of surface infrastructure. All trees located in a required easement shall otherwise conform to all regulations outlined in Chapter 594.
M.
Improvement of existing half-streets. Where a subdivision or minor
land division abuts an existing street or half-street and lots within
the subdivision or minor land division access the existing street
or half-street, the subdivider shall be responsible for installing
and paying for half the improvements in the existing street or half-street
right-of-way. The City shall be responsible for paying the remaining
half of the improvements. The City's responsibility may include conducting
special assessments for the benefited properties.
A.
Plans required. Simultaneously with the filing of the final plat
or certified survey map with the City Clerk, copies of the construction
plans and specifications shall be furnished for the following public
improvements, if applicable to the land division:
(1)
Street grading and surfacing.
(2)
Sanitary sewerage and laterals.
(3)
Water mains and laterals.
(4)
Curb, gutters and sidewalks.
(5)
Underground gas, electric and telephone systems, including streetlighting
laterals.
(6)
Street signs and lights.
(7)
Street trees.
(8)
Stormwater management facilities.
(9)
Parkland improvements.
B.
Approval of plans. The City's engineering consultant shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and the City's construction
standards, which are called "Standard Specifications for Utility and
Street Construction" and which are incorporated herein by reference,
and for conformance with the requirements of Administrative Rule 02-01.[1] If the consultant rejects the plans or specifications,
s/he shall notify the applicant and the City Manager in writing. When
the plans and specifications are corrected, the City's engineering
consultant shall approve them in writing and so notify the City Manager
so that the Public Works Board may review and approve the plans and
specifications for transmittal to the City Council.
[1]
Editor's Note: Said Administrative Rule 02-01 is on file in
the City offices.
C.
Commencement. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat or certified survey map has been approved by the City Council and approving authorities having jurisdiction have given written authorization. No preconstruction meeting shall be scheduled or held until all permits required by the WDNR, USACE, or other such agency has been received by the City and City's Engineering Consultant. Inspection fees shall be required to be filed as specified in § 650-12 of this chapter.
D.
Contractors. Contractors providing services for improvements to any
plat as approved by the City Council shall be selected on the basis
of performance standards and shall be prequalified to perform the
required work. Full time inspection shall be required for all infrastructure
and improvements required under this section in accordance with the
terms of the developer's agreement. All such services shall be fully
reimbursed by the developer.
E.
Building permits.
(1)
Permits required. No building shall be constructed prior to the issuance
of the necessary zoning, building and sanitary permits. No building,
zoning, sanitary or other permits shall be issued for erection of
a structure on any lot not of record until all the requirements of
this chapter have been met.
(2)
Inspections. City staff shall have access to premises and structures
during reasonable hours to make those inspections deemed necessary
to ensure compliance with this chapter. If, however, he is refused
entry after presentation of identification, he shall procure a special
inspection warrant under § 963.10, Wis. Stats., except in
cases of emergency, when he shall have the immediate right of entry.
F.
Time frame for completion. Construction of all improvements required
by this chapter shall be completed within two years from the date
of the approval of the final plat or certified survey map, unless
good cause can be shown for granting an extension of time by the Public
Works Board and City Council.
G.
Improvement plan approval procedure. The following procedure shall
be followed for all subdivision construction/improvement plans and
submittal of revised plans:
(1)
Fifteen copies of each required construction plan outlined in Subsection A shall be submitted to the City Clerk for distribution to the City's Engineering Consultant, Public Works Department, Lake Mills Light and Water, and City Planning Consultant. The site grading and erosion control plan shall be forwarded to the Building Inspector for soil erosion control. The deadline for submittal shall be established from time to time by policy of the Public Works Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
In no case will plans be accepted without a developer's deposit.
(3)
In no case will plans be accepted or reviewed by the City's Engineering
Consultant, Public Works Department, Lake Mills Light and Water, Building
Inspector, or any City committee without first being processed through
the City Manager.
(4)
In no case will plans be accepted unless all improvement plans are
included with the submittal. Plans will not be reviewed on a piecemeal
basis. The submittal shall include: grading plans, drainage plan,
public improvement plans (including streets, sanitary sewer, storm
sewer, water and other utilities), landscape plan and erosion control
plan. An individual plan may be submitted if it is one of the total
set of plans and is being submitted as a revised plan wherein the
remaining plans have been previously approved.
(5)
Any preliminary meeting between the City's Engineering Consultant
and the developer shall have prior authorization of the City and there
may be a fee for such meeting, depending on the scope and length of
the meeting.
(6)
There will no longer be a review of so-called "pre-final" or "preliminary"
construction plans for review by only the City's Engineering Consultant.
Preliminary plan submittal shall be transmitted via the City Manager
to all City reviewers for their comments in accordance with the above.
These preliminary comments shall be sent to the City Manager prior
to transmittal to the applicant. Multiple reviews may be necessary
and all comments from the reviewers shall be forwarded to the City
Manager with copies to the applicant. The City Manager shall be the
coordinator of plan review.
(7)
Each copy of the plans shall have a drawing and/or revision date
in order for it to be accepted and routed for review.
(8)
The City Manager will transmit the full set of "final" construction/improvement
plans to the City's Engineering Consultant. The City's Engineering
Consultant will transmit to the outside approving agencies. Once the
review is complete, the City Manager will schedule the plans for review
by the appropriate committee (Utilities, Public Works, Finance) when
a letter of approval by the City's engineering consultant is received.
(9)
It will be the applicant's responsibility to contact the City, to
confirm the date, time and location of the respective committee meeting.
(10)
Once the City committees and outside approving agencies provide
written approval, the applicant may schedule a preconstruction meeting
through the City Manager.
H.
Required plans. The following plans and accompanying construction
specifications shall be provided by the subdivider and reviewed and
approved by the Public Works Board, Public Utility Board, Department
of Natural Resources, Lake Mills Light and Water, and the City's Engineering
Consultant before construction or installation of improvements is
authorized:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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)
Stormwater management plans, calculations 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.
The time span soil will be exposed and plans to protect existing vegetation
(fences, tree wells, etc.) shall be prepared and such plans shall
generally follow the guidelines and standards set forth in the publication,
United States Soil Conservation Service Technical Guide, adopted by
the Jefferson County Land Conservation Committee, as amended.
(6)
Master site grading plan showing the finished grades of each lot
in the subdivision.
(7)
Planting plans showing the locations, age, caliper and species of
any required grasses, vines, shrubs and trees.
(8)
Additional special plans or information as required.
I.
Inspection.
(1)
The subdivider, prior to commencing any work within the subdivision,
shall make arrangements for a preconstruction meeting conducted by
the City's Engineering Consultant where all details regarding the
installation of the required improvements shall be presented and reviewed
and shall include provisions for engineering inspection services.
(2)
During the course of construction, the Public Works Director or the
City's engineering consultant shall make such inspections as they
deem necessary to insure compliance with the plans and specifications
as approved. The owner shall pay the actual cost incurred by the City
for such inspections. This fee shall be the actual cost to the City
of inspectors, engineers and other parties necessary to insure satisfactory
work as set forth in the developer's agreement.
(3)
All inspection fees incurred by the subdivider shall be paid to the
City in full prior to release or termination of the developer's financial
guarantee and prior to the City granting approvals for any future
development or stages of development, if applicable.
J.
As-built plans required.
(1)
Within 30 days following the completion of all public improvements
and prior to final acceptance of said improvements, the subdivider
shall make or cause to be made a map showing the actual location of
all valves, manholes, stubs, sewer and water mains and such other
facilities as the Public Works Director shall require. This map shall
be in black ink on tracing cloth and shall bear the signature and
seal of a professional engineer registered in Wisconsin. The presentation
of the map shall be a condition of final acceptance of the improvements
and release of the surety bond assuring their completion.
(2)
The subdivider shall also submit the aforementioned "as-built" plans
in a digital DXF, DGN, or DWG file, which shall also show the final
plat or certified survey map. Such submission shall be tied to and
referenced to the State Plane NAD 83/91 HARN Wisconsin South Zone.
K.
Erosion control.
(1)
Required. The subdivider shall cause all grading, excavations, open
cuts, side slopes and other land surface disturbances to be so mulched,
seeded, sodded or otherwise protected that erosion, siltation, sedimentation
and washing are prevented in accordance with plans and specifications
approved by the Soil Erosion Control Inspector under § 660-133of
the Zoning Chapter of the Municipal Code.
(2)
Shoreland planting and sediment control. The subdivider shall plant
those grasses, trees, shrubs and vines of a species and size native
to Wisconsin and specified by the City Council necessary to prevent
soil erosion and protect stream and lake banks. In addition:
(a)
The Soil Erosion Control Inspector may require the subdivider
to provide or install certain protection and rehabilitation measures,
such as fencing, sloping, seeding, riprap, revetments, jetties, clearing,
dredging, snagging, drop structures, brush mats, willow poles and
grade stabilization structures.
(b)
Tree cutting and shrubbery clearing shall not exceed 50% of the lot or tract and shall be so conducted as to prevent erosion and sedimentation; preserve and improve scenic qualities; and, during foliation, substantially screen any development from stream or lake users. [See Subsection K(1) of this section.]
(c)
Paths and trails in wooded and wetland areas shall not exceed
10 feet in width unless otherwise approved by the City Plan Commission,
and shall be so designed and constructed as to result in the least
removal and disruption of trees and shrubs. If a gravel path is warranted,
it shall be covered and maintained with a wood chip surface.
(d)
Earthmoving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel, clearing, ditching, drain tile laying, dredging, and lagooning, shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen, and topography. [See § 650-34J and K(1).]
(e)
Review of the conduct of such cutting, clearing and moving may
be requested of the Jefferson County Land Conservation Committee,
the State District Fish and Game Managers and the State District Forester
by the City's Erosion Control Inspector or City Plan Commission as
they deem appropriate.
(3)
Existing features. The subdivider shall make every effort to protect
and retain all existing trees, shrubbery, vines and grasses not actually
lying in public roadways, drainageways, building foundation sites,
private driveways, soil absorption waste disposal areas, paths and
trails. Trees are to be protected and preserved during construction
in accord with sound conservation practices, including preservation
of trees by well islands, temporary fencing or retaining walls whenever
abutting grades are altered. In addition:
(a)
Temporary vegetation and mulching shall be used to protect critical
areas and permanent vegetation shall be installed as soon as practical.
(b)
Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
(c)
Sediment basins shall be installed and maintained at all drainageways
to trap, remove and prevent sediment and debris from being washed
outside the area being developed.
A.
Developer's agreement and performance guarantee and surety. In lieu
of requiring special assessment of all public improvements prior to
the approval and recording of the final plat or certified survey map,
the City Council may, at its discretion, permit the execution of a
developer's agreement, as negotiated and approved by the City Manager
and drafted by the City Attorney, and the filing of a performance
guarantee and surety with the City of Lake Mills, which shall be in
one of the following forms:
B.
Hold harmless. The performance guarantee and surety shall hold the
City harmless from the cost of construction, repairing, replacing
or completing any required improvements, and from any other costs
associated with the performance of any other requirements in the developer's
agreement.
C.
Amount. The amount of the performance guarantee and surety shall
be based, in part, on the estimated value of the public improvements
at the time of approval of the subdivision. The development may be
constructed in phases as outlined on the preliminary plat, and the
surety amount can be based upon the estimated amount necessary to
construct a particular phase. The amount shall also insure the City
of adequate coverage to secure the satisfactory construction, installation,
and dedication of any uncompleted or improperly constructed portions
of the required improvements, as well as the satisfactory performance
of any other requirements under the developer's agreement.
D.
Time period. The amount of the performance guarantee and surety shall
run to the City, shall be for such period of time as determined necessary
by the City to guarantee satisfactory completion of all improvements,
and shall be in an amount equal to 110% of the City's engineering
consultant's estimate for the cost of all required public improvements
and the amount required for complete performance or payment of any
required fees under the developer's agreement.
E.
Form. The form of the performance guarantee and surety shall be as
indicated by the City and shall be subject to the approval of the
City Attorney, who may not approve said guarantee unless and until
the City Manager has recommended approval of the amount of the guarantee.
F.
Reduction. The procedure and requirements for the request for a reduction
in the letter of credit shall be as determined in the executed Developers
Agreement. The reduction amount shall be based on the following:
(1)
Upon completion and acceptance of more than 40% and less than 75%
of the required public improvements and payment of any required fees,
the performance guarantee and surety may be reduced to 125% of the
remaining improvements and any yet unpaid fees, as documented by the
developer's engineer and as verified by the City's consulting engineer,
but in no case may the performance guarantee and surety be reduced
to less than 15% of the total cost of all required improvements and
any unpaid fees.
(2)
Upon completion and acceptance of 75% or more of the required public
improvements and payment of any required fees, the performance guarantee
and surety may be reduced to 200% of the remaining improvements along
with the amount of any yet unpaid fees, as documented by the developer's
engineer and as verified by the City's consulting engineer and the
City Treasurer, but in no case may the performance guarantee and surety
be reduced to less than 15% of the total cost of all required improvements
and any unpaid fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Resolution required. No performance guarantee and surety may be reduced,
or released in its entirety, unless the dedication of the improvements
are accepted by resolution of the City Council and the guarantee and
surety are also expressly reduced or released by resolution of the
Council.
H.
Attorney approval. The developer's agreement shall be as drafted
by the City Attorney, upon consultation with the City Manager, Public
Works Director, and the City's consulting engineer, and upon final
negotiations between the City Manager and developer. The form of the
performance guarantee and surety, in the case of bonds or letters
of credit, or assignments of certificates of deposit, shall be as
drafted from time to time by the City Attorney, upon consultation
with the City Manager. All surety bonds and letters of credit shall
be issued by companies or financial institutions authorized and licensed
to do business in the State of Wisconsin.
I.
Compliance for plat or CSM approval required. No plat or certified
survey map shall be deemed approved by the City without it also being
conditionally approved to include compliance by the developer with
this section.
