A.
General requirement.
(1)
In accordance with the authority granted by § 236.13 of
the Wisconsin Statutes, the Village of Winneconne hereby requires
that, as a condition of final plat or certified survey approval, the
developer agrees to make and install all public improvements required
by this chapter and that the developer shall provide the Village with
security, of the Village's choice, to ensure that the developer will
make the required improvements. As a further condition of approval,
the Village Board hereby requires that the developer be responsible
for the cost of any necessary alterations of any existing utilities
which, by virtue of the platting or certified survey map, fall within
the public right-of-way.
(2)
As a condition for the acceptance of dedication of public rights-of-way,
the Village may require, at the Village's choice, that the public
ways have been previously provided with all necessary facilities constructed
to Village specifications, including, but not limited to, sewerage,
storm drainage, water mains and services, grading and improvement
of the streets and other public ways, sidewalks, street signing, streetlighting
and such other facilities required by the Village Board.
B.
Options.
(1)
The required public improvements shall be installed by the developer
at his/her cost;
(2)
Or:
(a)
The developer may petition the Village for the installation
of the required public improvements through the Special Assessment
B Bond process as provided for in the Wisconsin Statutes, 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 developer
agreeing to require payment of recapture costs of public improvements
from those properties benefitting from the improvements. The Village
shall prohibit development on those properties until payment has been
made. The developer may contract directly with adjacent property owners
and/or developers 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 developer, at the end of the seven-year period, for
his/her cost (at the time of construction) of those oversized improvements
constructed within the proposed land division, but which are oversized
to serve lands beyond the boundaries of the land division or other
lands within the developer's control, and which have not, during the
seven-year period, been reimbursed to the developer. Said payment
shall be only for the actual additional cost of constructing the oversized
improvements within the boundaries of the land division and shall
not provide for payment of any interest. The Village shall then establish
special assessments against those benefitting properties outside the
proposed land division boundaries or the developer's control for those
costs. To be eligible to proceed under this provision, the land division
must occur within development areas identified in the Village's Comprehensive
Plan or other adopted comprehensive development or public facilities
plan.
(3)
Any workable combination of the above determined by the Village Board
as acceptable.
(4)
If the Village finds that Village construction of such public improvements
would not be warranted as a special assessment to the intervening
properties, or as a governmental expense until some future time, the
developer shall be required, if he/she wishes to proceed with the
development, to obtain necessary easements or right-of-way and construct
and pay for such public improvement extensions.
C.
General standards. The required public improvements shall be installed
in accordance with the engineering standards and specifications which
have been adopted by the Village Board. Where standards and specifications
have not been adopted, the improvements shall be made in accordance
with established engineering practices, approved prior to the start
of construction by the Village Engineer. When new or revised standards
and/or specifications have been adopted by the Village, work on public
improvements not begun within 18 months of the date of final plat
adoption shall be made to the new or revised standards and/or specifications.
The Village Engineer shall review and approve the construction plans,
specifications and calculations for the construction of the required
public improvements.
D.
Project Manager. The developer 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 developer 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 developer directly.
A.
Contract. The Village shall require that the developer enter into
a contract with the Village for land division improvements agreeing
to install improvements as herein provided before final approval of
any plat, certified survey or land division. The contract form shall
be provided by the Village and may provide for a phasing of public
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The developer shall file with said contract security to ensure that
public improvements are made within a reasonable time in the form
of a performance bond or an irrevocable letter of credit, at the developer's
discretion in an amount equal to 120% of the estimated total cost
of the improvements, as determined by the Village Engineer; said filing
of such security shall guarantee that such improvements will be completed
by the developer or his contractors not later than 18 months from
the date of recording the final plat or certified survey map. When
a letter of credit is posted as security, the Village must be the
beneficiary.
(2)
However, the developer 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 security in the above forms in an amount
equal to 120% 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 developer minimizes grading and other disturbances to lands
included in future construction phases in order to prevent erosion;
and
(e)
Erosion control plans and measures submitted and approved herein
shall address the individual phases of construction.
(3)
The time limit for completion of a phased improvement program shall
take into account the needs and desires of the Village and adjacent
property owners for street and other improvements to serve lands adjacent
to and within the land division.
(4)
As work progresses on installation of improvements constructed as part of the contract, the Village Engineer, upon written request from the developer from time to time, is authorized to recommend to the Village Clerk-Treasurer a reduction in the amount of security as hereinafter provided. When portions of construction (water, sanitary sewer, street, sidewalk, greenway or other improvements) are completed by the developer and determined acceptable by the Village Engineer, the Village Clerk-Treasurer is authorized, upon submission of lien waivers by the developer's contractors, to reduce the amount of security: The amount of security remaining shall be equal to 120% of the estimate of the Village Engineer of costs of work remaining to be completed and accepted and to insure performance of the one-year guarantee as specified in Subsection D below against defects in workmanship and materials on work accepted. When the work on the major components of construction has been substantially completed, except for work which cannot be completed because of weather conditions or other reasons which, in the judgment of the Village Engineer are valid for noncompletion, the Village Clerk-Treasurer is authorized to accept a reduction in the amount of security to an amount, in the estimate of the Village Engineer, sufficient to cover the work remaining to be completed, including performance of the one-year guarantee period against defects in workmanship and materials. As a further guarantee that all obligations under contract for work on the development are satisfied, the contractor and subcontractors who are to be engaged in the construction of utilities or street improvements on the street right-of-way to be dedicated shall be approved for such work by the Village Engineer prior to commencing construction. The Village Board, at its option, may extend the bond period for additional periods not to exceed one year each.
(5)
Governmental units to which these bond and guarantee provisions apply
may, in lieu of said contract or instrument of guarantee, file a resolution
or letter from officers authorized to act in their behalf, agreeing
to comply with the provisions of this section.
(6)
The developer shall agree in the development contract to pay all
Village legal fees, Village engineering fees, Village administrative
fees, street and sidewalk assessments, specifically all area charges
for sanitary sewer mains and all water main assessments, including
where the land division abuts existing streets which are not improved
within the Village standard street improvements (including, but not
limited to, curb and gutter, local storm sewer, sidewalks and a bituminous
pavement).
C.
Waiver of special assessment notice and hearing. The developer shall
file with said contract, subject to the approval of the Village Attorney,
a waiver of special assessment notices and hearings such that the
developer, his/her heirs and assigns (including purchasers of property
from the developer), 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 the Wisconsin Statutes.
D.
Improvement guarantee. The developer 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 developer shall remove it and replace it with
nondefective work in accordance with written instructions given by
the Village Engineer. If the developer 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 developer shall
install monuments placed in accordance with the requirements of Chapter
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 developer executes
a surety to insure the placing of such monuments within the time required.
On behalf of the Village, the Village 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 developer at his cost.
A.
Engineering reports, construction plans and specifications. As required by § 565-12, Submission of preliminary plat, engineering reports shall be submitted simultaneously with the filing of the preliminary plat. At the final plat or certified survey stage, construction plans and specifications for the required improvements conforming in all respects 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. Said plans and specifications shall be accompanied by such supporting calculations and reports as required by the Village Engineer to enable him to review the plans and specifications. Such plans and specifications, together with the quantities of construction items, shall be submitted to the Village Engineer for his approval and for his estimate of the total cost of the required improvements; upon approval, they shall become a part of the contract required. Simultaneously with the filing of the final plat or certified survey with the Village Clerk-Treasurer or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Street plans and profiles showing existing and proposed grades, elevations
and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing the locations,
grades, sizes, cross sections, elevations and materials of required
facilities.
(4)
Water main plans and profiles showing the locations, sizes, elevations
and materials of required facilities.
(5)
Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation. Such plans shall comply with Chapter 540, Construction Site and Stormwater Runoff Management, Article I, Erosion Control, if applicable.
(6)
Planting plans showing the locations, age, caliper, species and time
of planting of any required grasses, vines, shrubs and trees.
(7)
Additional special plans or information as required by Village officials.
B.
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent Village
ordinances and design standards recommended by the Village Engineer
and approved by the Village Board. If the Village Engineer rejects
the plans and specifications, he shall notify the owner, who shall
modify the plans or specifications, or both ,accordingly. When the
plans and specifications are corrected, the Village Engineer shall
approve the plans and specifications for transmittal to the Village
Board. The Village Board shall approve the plans and specifications
before the improvements are installed and construction commenced.
C.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans approved above,
written authorization to start the work shall be obtained from the
Village Engineer upon receipt of all necessary permits and in accordance
with the construction methods of this chapter. Building permits shall
not be issued until all improvements up through concrete curb and
gutter are satisfactorily completed, unless permission is granted
by the Village Board.
(2)
During the course of construction, the Village Engineer shall make
such inspections as he or the Village Board deems necessary to ensure
compliance with the plans and specifications as approved. The owner
shall pay the actual cost incurred by the Village for such inspections.
This fee shall be the actual cost to the Village of inspectors, engineers
and other parties necessary to ensure satisfactory work.
D.
Record plans. After completion of all public improvements and prior
to final acceptance of said improvements, the developer shall make
or cause to be made two copies of record plans showing the actual
"as-built" location of all valves, manholes, stubs, sewers and water
mains and such other facilities as the Village Engineer shall require.
These plans shall be prepared on the original Mylars of the construction
plans and shall bear the signature and seal of a professional engineer
registered in Wisconsin. The presentation of the record plans shall
be a condition of final acceptance of the improvements and release
of the surety bond assuring their completion. Such plans shall be
filed with the Village Clerk-Treasurer.
The developer shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 565-40 and 565-41:
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 developer shall
install monuments placed in accordance with the requirements of Chapter
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 developer executes
a survey to insure the placing of such monuments within the time required.
On behalf of the Village, the Village 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 such other section monument, the established monument shall be
preserved and/or fully restored by the developer at his cost.
E.
Street construction. After the installation of all required utility
and stormwater drainage improvements, the developer 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 developer shall finish grade all
shoulders and road ditches, install all necessary culverts at intersections
and, if required, surface ditch inverts to prevent erosion and sedimentation
in accordance with plans and standard specifications approved by the
Village Engineer.
In any subdivision or minor land division, the Village Board
shall require the developer to construct concrete curb and gutter
in accordance with plans and standard specifications approved by the
Village Board, upon the recommendation of the Village Engineer. Concrete
curb and gutter shall be installed when deemed necessary for erosion
control, surface water drainage or runoff management. Wherever possible,
provision shall be made at the time of construction for driveway access
curb cuts. The cost of installation of all inside curbs and gutters
for dual roadway pavements on the established arterial street and
highway system for the Village shall be borne by the Village. Where
required, the developer 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 developer.
A.
Specifications. In all subdivisions, the Village Board may require developers to construct a concrete sidewalk on both sides of all streets, unless waived by action of the Village Board. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Village Board, upon the recommendation of the Village Engineer. All required sidewalks shall satisfy the design specifications in Chapter 460, Streets and Sidewalks, Article II, Construction and Repair of Sidewalks, .
B.
Extra-sized sidewalks. Wider-than-standard sidewalks may be required
by the Village Board in the vicinity of schools, commercial areas
and other places of public assemblage; and the Village Board may require
the construction of sidewalks in locations other than required under
the preceding provisions of this chapter if such walks are necessary,
in their opinion, for safe and adequate pedestrian circulation.
C.
Location. The developer shall be required to provide sidewalks and
bikeways to Village specifications as follows:
(1)
Sidewalks and bikeways shall normally be located as far from the
traffic lane as is possible, but not closer than six inches to the
right-of-way line. Where, as a result of such major obstructions as
large and established trees, steep hills, drainageways, or major utility
lines, the construction costs of the sidewalk or bikeway in its normal
location would be prohibitive, sidewalks or bikeways may be located
elsewhere within the street right-of-way, or within an easement, with
the approval of the Village Engineer.
(2)
Sidewalks and bikeways constructed at street intersections or within
five feet of a legal crosswalk shall include provisions for curb ramping
as required by § 66.0909, Wis. Stats., and in accordance
with Village standards.
(3)
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 [see § 66.0907(2),
Wis. Stats.].
D.
Bikeways.
(1)
Bikeways shall be designed to serve both pedestrian and bicycle traffic
as an alternative to or in addition to street and/or sidewalk travel.
(2)
More specifically, bikeways shall be designed to transport 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.
Construction standards. Bikeways shall be constructed of bituminous
pavement, at least eight feet in width.
A.
When public sanitary sewerage facilities are available to the subdivision
plat, the developer shall construct sanitary sewerage facilities in
such a manner as to make adequate sanitary sewerage service available
to each lot within the subdivision. All sanitary sewers shall be in
accordance with Ch. NR 110, Wis. Adm. Code. The developer shall pay
all the costs of all sanitary sewer work, including the bringing of
the sanitary sewer of adequate capacity and depth from where it exists
to the land division in question, as well as providing all sanitary
sewer work within the land division. Such required improvements shall
be dedicated to the Village upon such terms and conditions as the
Village Board may determine.
(1)
Sanitary sewers, including all related items (manholes, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the Village. Installation shall be required all the way across each lot. Where sewers larger than 10 inches in diameter are required solely to serve areas outside the subdivision, the landowner shall be responsible only for the costs of the sewers necessary to serve the area within the subdivision. The difference in the costs of the sewers necessary to serve the subdivision and the costs of the sewers actually installed, as determined by the Village Engineer, shall be borne by the developer, with the right of recoupment, without inflation or interest adjustment in the recoupment amount in accordance with § 565-21.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
In addition, the developer shall pay to the Village a sanitary sewer
connection fee based on the added cost of installing larger sewers
and lift stations in the total tributary drainage area which shall
be prorated in proportion to the ratio which the total area of the
proposed plat is to the total drainage area to be served by such larger
sewers.
(3)
The developer shall install sanitary sewers in accordance with this
Code and specifications of the Village Board, upon the recommendation
of the Village Engineer, when it is determined that the proposed subdivision
lies within a public sanitary sewer service area and sanitary sewer
facilities are programmed to be extended to the proposed subdivision
within six years. Until such time as the public sewers within the
subdivision can be connected to the community public sewer system,
they shall be temporarily capped. No private or public use shall be
connected to the sewers within the subdivision until such sewers are
connected to the larger community system. The developer shall indicate
on the face of the plat that the owner of private uses within the
subdivision shall connect such uses to the sewers in the subdivision
at the time such sewers are connected to the community sewer system,
and that the Village is held harmless for any damages or costs incurred
to disconnect and abandon any on-site sanitary sewer disposal system
then in place and any costs associated with connection to the public
sewer mains.
B.
The developer 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 Village Board shall require the installation of sewer laterals to the street lot line for residential lots. The size, type and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and standard specifications approved by the Village Engineer. The latest revision of the "Standard Specifications for Sewer and Water Construction in Wisconsin" shall govern all work. All sanitary sewer and sanitary sewer lateral trenches within proposed streets shall be backfilled with granular material meeting the requirements of the "Standard Specifications" and/or Chapter 460, Streets and Sidewalks, of this Code, whichever is more restrictive. All sanitary sewer facilities shall be floodproofed according to accepted engineering practices to limit infiltration.
C.
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.
Connection to development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
When public water supply and distribution facilities are available,
as determined by the Village Board, to the subdivision plat or land
division, or when it is proposed to establish a private water supply
and distribution system to serve two or more lots, the developer shall
cause such water supply and distribution facilities to be installed
in such a manner as to make adequate water service available to each
lot within the subdivision. There shall be provided a water supply
system in conformity with the master plan of the water system as approved
by Village utilities. The developer shall install and connect Village
water to serve all lots subject to specifications and inspection by
Village utilities and the State of Wisconsin. Such required improvements
shall be dedicated to the Village upon such terms and conditions as
the Village Board may determine. The developer shall pay all costs
of connecting adequate Village water, including bringing water mains
from where they exist to the land division in question, providing
all water works within the land division, and looping the water mains
in all locations deemed important and financially feasible by the
Village Engineer. The developer shall provide for a minimum water
main diameter of six inches and the location of public fire hydrants
along the public streets at not greater than a four-hundred-fifty-foot
spacing for residential areas or a six-hundred-foot spacing for commercial
areas. Fire hydrants which have not passed testing or have not been
operationalized shall be covered with securely attached bags to preclude
their being inadvertently used by the Fire Department in an emergency
situation.
(2)
The developer shall be responsible for the installation, and cost
thereof of public water supply facilities. Plans for such water facilities
shall be approved by the Village Engineer. Supervision and engineering
fees shall be paid for by the developer.
(3)
Unless otherwise excepted by the Village Engineer, water mains shall
not be located within five feet of other underground 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.
Water main and lateral installation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The developer shall construct water mains in such a manner as to
make adequate water service available to each lot within the land
division. Extensions of the public water supply system shall be designed
so as to provide public water service to each lot and required fire
flow protection to each hydrant. The size, type and installation of
all public water mains proposed to be constructed shall be in accordance
with plans and standard specifications approved by the Village Engineer.
(2)
The Village Board shall require the installation of water laterals
to the street lot line.
(3)
The developer shall assume the cost of installing all water mains, water laterals and water system appurtenances within the proposed subdivision necessary to provide adequate flow and pressure, as determined by the Village Engineer. Where water mains larger than eight inches in diameter are required solely to serve areas outside the development, the landowner shall be responsible only for the costs of the water mains necessary to serve the area within the subdivision. The difference in the costs of the water mains necessary to serve the subdivision and the costs of the water mains actually installed, as determined by the Village Engineer, shall be borne by the developer, with the right of recoupment, without inflation or interest adjustment in the recoupment amount (see § 565-21).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The developer shall install water mains in accordance with this Code
and specifications of the Village Engineer when it is determined that
the proposed subdivision lies within a public sanitary sewer service
area and water main facilities are programmed to be extended to the
proposed subdivision within six years. Until such time as the public
water mains within the subdivision can be connected to the larger
community water supply system, they shall be temporarily capped. No
private or public use shall be connected to the water mains within
the subdivision until such water mains are connected to the larger
community water supply system. The developer shall indicate on the
face of the plat that the owner of private uses within the subdivision
shall connect such uses to the water mains within the subdivision,
and that the Village is held harmless for any damages or costs incurred
to disconnect and abandon any on-site water supply system then in
place, and any costs associated with connection to the public water
mains.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Pursuant to § 565-44, Drainage and stormwater management system, the developer shall provide stormwater drainage facilities which include curb and gutter, manholes, catch basins and inlets, storm sewers, storm sewer laterals from the main to the lot line, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, the type of facility required, the design criteria and the sizes and grades to be determined by the Village Engineer. Such required improvements shall be dedicated to the Village upon such terms and conditions as the Village Board may determine.
A.
Installation; approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
In so far as possible, all utilities, including, but not limited
to, natural gas, telephone, cable television, electric, and water
service, shall be installed underground with an affidavit by the developer
that the maintenance of said public improvements will be guaranteed
by the developer due to use of the improvements by purchasers and
construction traffic.
(2)
Prior to any maintenance, repair or replacement being performed by
the developer during the bond period, it shall notify the Village
Engineer at least one workday prior to the doing of the work and obtain
approval of the Village Engineer as to the nature and manner of work
to be done.
B.
The developer 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 provided by the appropriate
private utilities.
The Village Board shall require the developer to install street
lamps within nine months of the Village's approval of the project
along all streets proposed to be dedicated of a design compatible
with the neighborhood and type of development proposed. Such lamps
shall be placed at each street intersection and at such interior block
spacing as may be required by the Village Engineer and shall be of
a design that minimizes upward glare. A plan for the installation
and design of street lamps shall be submitted with the preliminary
plat.
A.
The developer shall pay the costs of providing the street signing
necessary to serve the development. Such signing shall include street
name signs, traffic control signs, and such temporary barricades and
"road closed" signs as may be required by the Village Engineer or
Director of Public Works until the street improvements have been accepted
by Village Board resolution.
B.
The Director of Public Works shall have the authority to impose any
restrictions to traffic on street improvements not yet accepted by
the Village as he 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 developer shall cause all gradings, excavations, open cuts,
side slopes, and other land surface disturbances to be mulched, seeded,
sodded or otherwise protected so that erosion, siltation, sedimentation
and washing are prevented, in compliance with Village ordinances.
The developer shall submit an erosion control plan that specifies
measures that will be taken to ensure 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 developer shall erect, keep, and maintain partition fences, satisfying
the requirements of Ch. 90, Wis. Stats., for a legal and sufficient
fence, between such land and the adjacent land. A covenant binding
the developer, its grantees, heirs, successors, and assigns to erect
and maintain such fences, without cost to the adjoining property owners,
so long as the land is used for farming or grazing purposes, shall
be included upon the face of the final plat or certified survey map.
Rear yard fences shall not be permitted on zero-lot line duplex lots,
if such lots are permitted by the Village, to ensure access by emergency
personnel.
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 ensure proper grade, ensure maintenance of the established grade, prohibit construction of permanent fences or retaining walls over underground installation and prevent the planting of trees in the easement area. All such utilities shall be installed underground, as required in § 565-30, Other utilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Drainage easements. Drainage easements shall comply with the requirements of § 565-44, Drainage and stormwater management system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Easement locations.
(1)
Utility easements shall be at least 15 feet wide 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 to the
Village that easements and any easement provisions to be incorporated
in the plat or in deeds have been reviewed by the individual utility
companies or the organization responsible for furnishing the services
involved.
(2)
All easements dedicated on final 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 developer may not be altered thereafter by him/her,
or any subsequent landowner by more than six inches. Improvements
or structures thereafter placed over such easements shall be removed
at the owner's cost if removal is necessary.
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 developer shall proceed under one of the alternatives as identified in § 565-21, Improvements required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Lift stations. Where sanitary or storm sewer lift stations and force
mains are required to lift sewage to the gravity system, the developer
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 developer 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 improvements intended to be dedicated have
been completed and accepted by the Village Board by adoption of a
resolution accepting such dedication. Improvements shall be dedicated
to the Village free and clear of any encumbrances. The developer 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 developer 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 developer 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 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 developer for payment.
The Village Engineer shall conduct any necessary final inspections
of the improvements and forward a report to the Village 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 Clerk-Treasurer, shall be forwarded to the Village
Board for approval and acceptance of the improvements and dedications.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The developer shall be required to grade the full land division in accordance with the requirements of § 565-46, Grading.
In all urban subdivisions, the developer shall plant at least one tree of an approved species meeting the standards of § 475-7, Trimming, for each 50 feet of frontage on all streets proposed to be dedicated. Tree planting shall be completed in accordance with plans and specifications approved by and at such time as directed by the Village Board. The placement and selection of street trees, however, should not excessively hamper or interfere with solar access to natural light and air for nearby lots. In lieu of planting street trees, the developer may pay a tree fee as determined by the Village Board times the number of trees required, using the tree planting formula stated above. The Village Board shall use the tree fee to plant trees in the subdivision subsequent to approval of the final plat.
