A.
Payment for improvements. The improvements prescribed in this chapter
are required as a condition of approval of a land division. The required
improvements described in this chapter shall be installed, furnished
and financed at the sole expense of the subdivider. However, in the
case of required improvements in a commercial or industrial area,
the cost of such improvements may, at the sole discretion of the Town
Board, be financed through special assessments.
B.
General standards. The following required improvements in this chapter
shall be installed in accordance with the engineering standards and
specifications which have been adopted by the Town Board. Where standards
and specifications have not been adopted, the improvements shall be
made in accordance with good engineering practices, approved prior
to the start of construction by the Town Engineer.
A.
Contract.
(1)
Prior to installation of any required improvements and prior to the
meeting at which the final plat or certified survey map is approved,
the subdivider shall enter into a written contract with the Town,
requiring the subdivider to furnish and construct said improvements
at his/her sole cost and in accordance with plans and specifications
and usual contract conditions, which shall include provision for inspection
of construction details by the Town Engineer.
(2)
The subdivider shall file a contract surety meeting with the approval
of the Town Attorney or a certified check in an amount equal to the
estimated cost of the improvements (such estimate to be made by the
Town) as a guarantee that such improvements will be completed by the
subdivider or his/her subcontractor as required by and within the
time provided for in the subdivider's agreement and as a further
guarantee that all obligations to subcontractors for work on the development
are satisfied.
(3)
Governmental units to which these surety and contract provisions
apply may file, in lieu of such contract and bond, a letter from officers
authorized to act on their behalf, agreeing to comply with the provisions
of this chapter.
B.
Financial guarantees.
(1)
The agreement shall require the subdivider to make an escrow deposit
or in lieu thereof to furnish a performance bond or irrevocable letter
of credit, the amount of the deposit and the penal amount of the bond
to be equal to 120% of the Town Engineer's estimate of the total
cost of the improvements to be furnished under the contract, including
the cost of inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
On request of the subdivider, the contract may provide for completion
of part or all of the improvements covered thereby prior to acceptance
of the plat, and in such event, the amount of the deposit, letter
of credit or bond shall be reduced in a sum equal to the estimated
cost of the improvements so completed prior to acceptance of the plat
only. If the required improvements are not complete within the specified
period, all amounts held under performance bond, deposit or letter
of credit shall be turned over and delivered to the Town and applied
to the cost of the required improvements. Any balance remaining after
such improvements have been made shall be returned to the owner or
subdivider. The Town Board, at its option, may extend the bond, deposit
or letter of credit period for additional periods, not to exceed 14
months.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The time for completion of the work and the several parts thereof
shall be determined by the Town Board upon recommendation of the Town
Engineer after consultation with the subdivider. The completion date
shall be a component of the contract.
(4)
The subdivider shall pay the Town for all costs incurred by the Town
for review and inspection of the subdivision. This would include review
and preparation, at the Town Board's discretion, of plans and
specifications by the Town Engineer, Planner, and Attorney, as well
as other costs of a similar nature.
A.
Engineering reports, construction plans and specifications. As required by § 250-10, 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 Town Engineer and the ordinances of the Town 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/her seal. Such plans, together with the quantities of construction items, shall be submitted to the Town Engineer for his/her approval and for his/her 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 Town Clerk, or as soon thereafter as practicable, copies of the construction plans and specifications, where applicable, shall be furnished for the following public improvements, with a copy sent to the appropriate sanitary district:
(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, if any areas
are proposed to be served by public sewer.
(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, if any areas are proposed to
be served by public sewer.
(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 county's or Town's Erosion
Control Ordinance.
(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 Town officials.
B.
Action by the Town Engineer. The Town Engineer shall review or cause
to be reviewed the plans and specifications for conformance with the
requirements of this chapter and other pertinent Town ordinances and
design standards recommended by the Town Engineer and approved by
the Town Board. If the Town Engineer rejects the plans and specifications,
he/she shall notify the owner, who shall modify the plans or specifications
or both accordingly. When the plans and specifications are corrected,
the Town Engineer shall approve the plans and specifications for transmittal
to the Town Board. The Town 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
Town 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)
Construction of all improvements required by this chapter shall be
completed within two years from the date of approval of the preliminary
plat by the Town Board, unless good cause can be shown for the Town
Board to grant an extension.
(3)
During the course of construction, the Town Engineer shall make such
inspections as the Town Board deems necessary to ensure compliance
with the plans and specifications as approved. The owner shall pay
the actual cost incurred by the Town for such inspections. This fee
shall be the actual cost to the Town of inspectors, engineers and
other parties necessary to ensure satisfactory work.
D.
Record plans. After completion of all public improvements and prior
to final acceptance of said improvements, the subdivider shall make
or cause to be made three copies of record plans showing the actual
location of all valves, manholes, stubs, sewers and water mains and
such other facilities as the Town 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. Two copies shall be retained by the
Town, and one copy of such record plans shall be forwarded to the
appropriate sanitary district.
The subdivider shall construct streets, roads and alleys as
outlined on the approved plans based on the requirements of this chapter:
B.
Grading.
(1)
With the submittal of the final plat, the subdivider shall furnish
drawings which indicate the existing and proposed grades of roads,
streets and alleys shown on the plat.
(2)
Proposed grades will be reviewed by the Town Engineer for conformance
with Town standards and good engineering practice. Street grades require
the approval of the Town Board after receipt of the Town Engineer's
recommendations.
(3)
After approval of the street grades, the subdivider shall grade the
full width of the right-of-way of the streets and alleys proposed
to be dedicated, including the vision clearance triangle on corner
lots.
(4)
In cases where an existing street right-of-way is made a part of
the plat or abuts the plat, the subdivider shall grade that portion
of the right-of-way between the existing pavement and the property
line.
(5)
The bed for the roadways in the street rights-of-way shall be graded
to subgrade elevation.
(6)
The Town Engineer shall approve all grading within rights-of-way,
and said grading shall extend for a sufficient distance beyond the
right-of-way to ensure that the established grade will be preserved.
(7)
Where electric and other communications or utilities facilities are
to be installed underground, the utility easements shall be graded
to within six inches of the final grade by the subdivider prior to
the installation of such facilities; earth fill piles or mounds of
dirt or construction materials shall not be stored on such easement
areas.
C.
Street construction. After sanitary sewer, storm sewer, water, and other necessary utilities have been installed, where required by the Town, the subdivider shall construct and dedicate, as part of the subdivision, streets and roads. The subdivider shall surface roadways to the widths prescribed by §§ 250-30 and 250-31. Construction shall be to Town standard specifications for street improvements.
D.
Completion of street and road construction.
(1)
Prior to any building permits being issued on lands adjacent to streets,
all street construction shall be completed by the subdivider, approved
by the Town Engineer and accepted by the Town Board.
(2)
The Town Board may issue a waiver of these requirements in unusual
or special circumstances such as excessively severe weather conditions,
heavy construction temporarily in area or construction material shortages
(i.e., cement, asphalt). The issuance of a waiver shall be at the
discretion of the Town Board.
(3)
The subdivider requesting a waiver shall do so in writing, presenting
such information and documentation as required by the Town Board.
The waiver shall be in written form and shall detail which improvement
requirements are temporarily waived and for what period of time.
After the installation of all required utility and stormwater
drainage improvements, the subdivider, when required by the Town Board
where determined to be necessary by the Town Engineer, shall construct
concrete curbs and gutters in accordance with plans and standard specifications
approved by the Town Board or its designee. Wherever possible, provision
shall be made at the time of construction for driveway access curb
cuts.
A.
If an area is proposed to be served by a sanitary district or other
means of public sanitary sewer:
(1)
There shall be provided a sanitary sewerage system in conformity
with the Master Plan of Sewers as approved by the Town Board and/or
sanitary district.
(2)
The subdivider shall make adequate sewage disposal systems available
to each lot within the subdivision, certified survey parcel or land
division.
(3)
Subdivisions and certified survey parcels in a designated sewer service
area shall be served by public sewer facilities. The size, type, and
installation of all sanitary sewers proposed to be constructed shall
be in accordance with plans and specifications approved by the appropriate
sanitary district.
(4)
The subdivider shall pay all the costs of all sanitary sewer work,
including the bringing of the sanitary sewer from where it exists
to the subdivision in question as well as providing all sanitary sewer
work within the subdivision. 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 appropriate
sanitary district serving the area.
B.
Land divisions created by certified survey outside areas served by
public sewer service may be served by private sewage disposal systems,
if public sewer facilities are not available. Private sewage disposal
systems shall comply with the Wisconsin Administrative Code Ch. SPS
382, applicable Town ordinances, and the County Sanitation Ordinance.
Service laterals shall be provided to all lots served by public sewer.
A.
The subdivider shall make adequate domestic water supplies available
and, in the cases of lands to be served by a public water system provided
by a sanitary or utility district, pay for such improvements for each
lot within the subdivision or land division.
B.
If public water service is to be supplied, the subdivider shall construct
water mains in such a manner as to make adequate water service available
to each lot within the subdivision or land division. The size, type,
and installation of all public water mains proposed to be constructed
shall be in accordance with plans and specifications approved by the
appropriate sanitary district. Water service laterals shall be provided
to all lots served by public sewer.
Pursuant to § 250-34, the subdivider shall provide stormwater drainage facilities, which may include curb and gutter, catch basins and inlets, storm sewers, road ditches and open channels, as may be required. Storm sewers are to be of adequate size and grade to hydraulically accommodate the ten-year storm; culverts shall be designed to accommodate the ten-year storm and shall be sized so that the twenty-five-year-frequency storms do not cause flooding of the adjacent roadway. Upon the approval of the Town Engineer, stormwater swales and ditches may be sized for from twenty-five-year- to 100-year-frequency storms, depending upon the estimated amount of damage that would be incurred by adjacent properties if flooding did occur. 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 Town Board, upon the recommendation of the Town 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.
The subdivider shall cause gas (if available), electric power 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 Town Board specifically allows overhead
poles for the following reasons:
B.
Plans indicating the proposed location of all gas, electrical power
and telephone distribution and transmission lines required to service
the plat shall be approved by the Town Board, and such map shall be
filed with the Town Clerk.
The subdivider shall install at the intersections of all streets
proposed to be dedicated a street name sign of a design and installation
specified by the Town Engineer.
Pursuant to the county's or Town's Construction Site
Erosion Control Ordinance, 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.
A.
Utility easements. The Town Board, on the recommendation of appropriate
agencies serving the Town, 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.
B.
Drainage easements. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream:
(1)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section; or
(2)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
assured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse,
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(3)
Wherever possible, it is desirable that drainage be maintained by
an open channel with landscaped banks and adequate width for maximum
potential volume flow. In all cases, such watercourse shall be of
a minimum width established at the high-water mark or, in the absence
of such specification, not less than 30 feet. If, in the opinion of
the Town Engineer, the easement will be for a major drainage swale,
the easement shall be of sufficient width to contain a 100-year-frequency
storm. If the drainage easement is located in an established floodway
or flood-fringe district, the entire floodplain area shall be included
within the drainage easement.
C.
Easement locations. Such easements shall be at least 12 feet wide,
or wider where recommended by the Town 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 and Town Board 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.
