City of Amery, WI Article VI Required Improvements

§ 443-23 Improvements required.

A. General requirement.

(1) In accordance with the authority granted by § 236.13, Wis. Stats., the City of Amery hereby requires that, as a condition of final plat or certified survey approval, the subdivider agree to make and install all public improvements required of the subdivider by this chapter and that the subdivider shall provide the City with security to ensure that the subdivider will make the required improvements. As a further condition of approval, the City Council hereby requires that the subdivider be responsible for the cost of any necessary alterations of any existing utilities which, by virtue of the platting or certified survey map, fall within the public right-of-way. (See § 443-38.)

(2) As a condition for the acceptance of dedication of public rights-of-way, the City requires that the public ways have been previously provided with all necessary facilities constructed to City 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 City Council or that a specific portion of the costs be paid in advance as provided in § 66.0709(2), Wis. Stats.

B. Financing of improvements.

(1) The required public improvements shall be installed by the subdivider at his/her cost; or

(2) The subdivider may petition the City for the installation of the required public improvements through the Special Assessment B Bond process as provided for in § 66.0713(4), Wis. Stats., or another acceptable special assessment process with the special assessments being payable at the time of lot sale, payable in a maximum of seven annual installments together with interest.

(a) The City may enter into a recapture agreement with the subdivider agreeing to require payment of recapture costs of public improvements from those properties benefitting from the improvements. The City shall prohibit development on those properties until payment has been made. The subdivider may contract directly with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversized and/or off-site improvements constructed.

(b) In addition to the above, the City may enter into an agreement to reimburse the subdivider, at the end of the seven-year period, for his/her cost (at the time of construction) of those oversized improvements constructed within the proposed land division, but which are oversized to serve lands beyond the boundaries of the land division or other lands within the subdivider's control, and which have not, during the seven-year period, been reimbursed to the subdivider. Said payment shall be only for the actual additional cost of constructing the oversized improvements within the boundaries of the land division and shall not provide for payment of any interest. The City shall then establish special assessments against those benefitting properties outside the proposed land division boundaries or the subdivider's control for those costs. To be eligible to proceed under this provision, the land division must occur within development areas identified in the City's Comprehensive Plan or other adopted comprehensive development or public facilities plan.

(3) Any workable combination of the above may be determined by the City Council as acceptable.

(4) If the City finds that City 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 City Council. 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 City Engineer. When new or revised standards and/or specifications have been adopted by the City, 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 City Engineer shall review and approve the construction plans, specifications and calculations for the construction of the required public improvements.

D. Project manager. The subdivider shall designate a project manager who shall be readily available on the project site during the construction of the required public improvements. The project manager shall be granted authority on behalf of the subdivider to make decisions related to the construction of the required public improvements as they may arise during the course of the construction. The project manager shall also be responsible for the scheduling and coordination of the required work to construct the required improvements. Correspondence with or verbal orders to the designated project manager shall have the same authority as with the subdivider directly.

§ 443-24 Required agreement providing for proper installation of improvements; surety.

A. Contract. At the time of approving a final plat, the subdivider shall be required to enter into a contract with the City for land division improvements agreeing to install improvements assigned to the subdivider under this chapter. The contract form shall be provided by the City and may provide for a phasing of public improvements construction, providing such phasing is approved by the City Council. The City reserves the right to control the phasing through limits, sequence, and/or additional surety so as to provide for continuity of streets, sewers, water mains, and other necessary public improvements within and between the phases.

B. Financial guarantees.

(1) The subdivider shall file with said contract, subject to the approval of the City Attorney, a bond, a certificate of deposit, irrevocable letter of credit or certified check in an amount equal to 110% of the estimate of the cost of the subdivider's obligations under this chapter prepared by the City Engineer as surety to guarantee that such improvements will be completed by the subdivider or his/her contractors not later than 18 months from the date of recording the plat or certified survey map. When a certificate of deposit or certified check is posted as security, the instrument must be negotiable by the City. When a letter of credit is posted as security, the City must be the beneficiary.

(2) However, the subdivider may elect, with the approval of the City, to install the improvements in construction phases, provided that:

(a) The phases are specified in the contract for land division improvements;

(b) The developer submits surety in an amount equal to 110% of the estimated costs of improvements next required by the installation and construction schedules. 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 City;

(c) The developer records deed restrictions approved by the City 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 City's approval is obtained;

(d) The subdivider minimizes grading and other disturbances to lands included in future construction phases in order to prevent erosion; and

(e) Erosion control plans and measures submitted and approved herein shall address the individual phases of construction.

(3) The time limit for completion of a phased improvement program shall take into account the needs and desires of the City 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 City Engineer, upon written request from the subdivider from time to time, is authorized to recommend a reduction in the amount of surety as hereinafter provided. When portions of construction (water, sanitary sewer, street, sidewalk, greenway or other improvements) are completed by the subdivider and determined acceptable by the City Engineer, the City Administrator/Clerk-Treasurer is authorized, upon submission of lien waivers by the subdivider's contractors, to reduce the amount of surety. The amount of surety may be reduced at the time all underground utilities are installed and tested. The amount of surety remaining shall be equal to 110% of the estimate of the City Engineer of costs of work remaining to be completed and accepted and to insure performance of the one year guarantee as specified in Subsection C 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 City Engineer, are valid for noncompletion, the City Administrator/Clerk-Treasurer is authorized to accept a reduction in the amount of surety to an amount in the estimate of the City 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 City Engineer prior to commencing construction. The City Council, at its option, may extend the bond period for additional periods not to exceed one year each.

(5) Governmental units to which these bond and guarantee provisions apply may, in lieu of said contract or instrument of guarantee, file a resolution or letter from officers authorized to act in their behalf, agreeing to comply with the provisions of this section.

(6) The subdivider shall agree in the development contract to pay all 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 City standard street improvements (including but not limited to curb and gutter, local storm sewer, sidewalks and a bituminous pavement).

C. Improvement guarantee. The subdivider shall include in said contract an instrument of public improvement guarantee by irrevocable letter of credit, certified check, cash escrow deposit, or performance bond whereby a bonding company (with assets exceeding $10,000,000 and authorized to do business in the State of Wisconsin) guarantees maintenance, repair, and replacement by the developer of said public improvements which deteriorate or fail to meet performance or operating standards during the bond term, or any penalties which may be incurred as a result thereof, equal to 15% of the City 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 City Council (or such longer period of time as may be prescribed by laws or regulations or by the terms of any special guarantee required by the terms of said contract as may be necessary due to the phasing of the construction of public improvements), any work on any public improvement is found to be defective, the subdivider shall remove it and replace it with nondefective work in accordance with written instructions given by the City Engineer. If the subdivider does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may cause the removal and replacement of said defective work and charge all direct, indirect and consequential costs of such removal and replacement to the performance bond or improvement guarantee instrument.[1]

[1] Editor's Note: Original Sec. 14-1-51(d) of the 2004 Code of Ordinances, Survey Monumentation, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 443-25 Required construction plans; City review; inspections.

A. Engineering reports, construction plans and specifications. As required by § 443-15, engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the final plat. At the final plat stage, construction plans for the required improvements conforming in all respects with the standards of the City Engineer and the ordinances of the City 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 City 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 City Administrator/Clerk-Treasurer or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:

(1) Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements.

(2) Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations and materials of required facilities.

(3) Storm sewer, open channel and drainage plans and profiles showing the locations, grades, sizes, cross sections, elevations and materials of required facilities.

(4) Water main plans and profiles showing the locations, sizes, elevations and materials of required facilities.

(5) Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation. Such plans shall comply with the Chapter 367, Stormwater Management and 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) Master site grading plan showing existing and proposed lot corner elevations, top of curb elevations, building location and proposed first floor building elevation, and shall show control and direction of drainage for each lot within the subdivision and for drainage adjacent to the plat.

(8) Additional special plans or information as required by City officials. Plans and profiles of streets and sewers shall be at a scale of not more than 40 feet per inch horizontal and four feet per inch vertical.

B. Action by the City Engineer. The City Engineer shall review or cause to be reviewed the plans and specifications for conformance with the requirements of this chapter and other pertinent City ordinances and design standards recommended by the City Engineer and approved by the City Council. If the City 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 City Engineer shall approve the plans and specifications for transmittal to the City Council. The City Council 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 City 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 and the developer has furnished lien waivers for all contractors.

(2) During the course of construction, the City Engineer shall make such inspections as he/she or the City Council deems necessary to insure compliance with the plans and specifications as approved. The City shall have full-time inspections during construction phases. 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. The engineering costs will be per the engineering agreement.

D. Subdivider to reimburse the City for costs sustained. The subdivider of land within the City shall reimburse the City for its actual cost of design, inspection, testing, construction and associated legal and real estate fees for the required public improvements for the land division. The City's costs shall be determined as follows:

(1) The cost of City employees' time engaged in any way with the required public improvements based on the hourly rate paid to the employee multiplied by a factor determined by the City Administrator/Clerk-Treasurer to represent the City's cost for expenses, benefits, insurance, sick leave, holidays, vacation and similar benefits.

(2) The cost of City equipment employed.

(3) The cost of mileage reimbursed to City employees which is attributed to the land division.

(4) The actual costs of City materials incorporated into the work, including transportation costs plus a restocking and/or handling fee not to exceed 10% of the cost of the materials.

(5) All consultant fees associated with the public improvements at the invoiced amount plus administrative costs. Unless the amount totals less than $50, the City shall bill the subdivider monthly for expenses incurred by the City. Statements outstanding for more than 30 days shall accrue interest at the rate of 1 1/2% per month. Bills outstanding for more than 90 days shall be forwarded to the subdivider's surety agency for payment. Amounts less than $50 shall be held for billing by the City until amounts total more than $50 or until the conclusion of project activities.

E. "As-built" 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 one Mylar and three blue line plan sets showing the actual recorded location of all valves, manholes, stubs, sewers and water mains and such other facilities as the City 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.

§ 443-26 Street improvements.

The subdivider shall provide streets to meet the specifications of this chapter and inspection of the City Engineer or petition the City to provide such streets. The subdivider shall also provide streets from where they now exist to the subdivision in question. Streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 443-41 and 443-42, shall be constructed as follows:

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 City in this chapter and elsewhere and shall be subject to approval of the City 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 City, the subdivider, at his/her cost, shall install monuments placed in accordance with the requirements of Ch. 236, Wis. Stats. 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 City Engineer may waive the placing of monuments for a reasonable time during public improvement construction on condition that the subdivider executes a survey to insure the placing of such monuments within the time required. On behalf of the City, the City Administrator/Clerk-Treasurer is authorized to accept such surety bonds and contracts for monumentation in an amount approved by the City Engineer. Building permits shall not be issued until all survey monumentation for the block(s) of lots in which the lot(s) for which building permits are being applied for within the phase of the land division under development has been installed. When the land division includes and established 1/2, 1/4, 1/4 1/4, or such other section monument, the established monument shall be preserved and/or fully restored by the subdivider at his/her cost.

E. Street construction. After the installation of all required utility and stormwater drainage improvements, the subdivider shall prepare for surfacing all roadways, installing curb and gutter, 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 City Engineer. Construction shall be to City standard specifications for street improvements.

F. Street cross sections. When permanent street cross sections have been approved by the City, the subdivider shall finish grade all shoulders and road ditches, install all necessary culverts at intersections and, if required, surface ditch inverts to prevent erosion and sedimentation in accordance with plans and standard specifications approved by the City Engineer.

§ 443-27 Curb and gutter; drainage facilities.

A. In all subdivisions, the City Council may require the construction of concrete curb and gutters in accordance with plans and standard specifications approved by the Plan Commission, upon recommendation of the City Engineer. The City shall install all curb and gutters for roadway pavement on the established street and highway system. The cost of curb and gutter will be paid for by the developer in accord with City policy. These costs will be placed as a special assessment against the property.

B. Suitable concrete curb and gutter shall be constructed along the outside edge of all street pavements. Curb and gutter in residential areas shall have a six-inch barrier curb with a twenty-four-inch flag, except at driveway aprons, where depressed curb shall be constructed. Depressed curb ramps shall be constructed at all handicap ramps for sidewalks and at all bikeways. Said curbs and gutters shall be constructed of concrete, 3,500 psi strength at seven days, and contain three continuous one-half-inch diameter deformed steel reinforcing rods 10 feet long, six inches on center in the gutter flag at locations crossing underground utility excavations or where otherwise directed by the City Engineer. Expansion joints three-fourths-inch thick shall be placed in the curb at each starting and ending of a radius, three feet at each side of inlets, and at intervals not exceeding 250 feet and where otherwise directed by the City Engineer. Tie bars shall be provided where curb and gutter is adjacent to rigid pavements.

C. Contraction joints shall be tooled, saw cut, or formed by insertion of a metal plate in the concrete at intervals not exceeding 12 feet.

§ 443-28 Sidewalks and bikeways.

A. Where required.

(1) In all new subdivisions and additional areas where required by the City Council, the construction of all sidewalks shall be in accordance with plans and standard specifications approved by the City Engineer and in compliance with § 370-5 of this Code of Ordinances.

(2) The cost of sidewalk will be paid for by the developer or property owner in accord with City policy. These costs will be placed as a special assessment against the property.

B. Extra-sized sidewalks. Wider-than-standard sidewalks may be required by the City Council in the vicinity of schools, commercial areas and other places of public assemblage, and the City Council may require the construction of sidewalks in locations other than required under the preceding provisions of this section if such walks are necessary for safe and adequate pedestrian circulation.

C. Location.

(1) The subdivider shall be required to provide sidewalks and bikeways where required by the City's Sidewalk Master Plan, at City specifications as follows: Sidewalks and bikeways shall normally be located as far from the traffic lane as is possible, but not closer than six inches to the right-of-way line. Where, as a result of such major obstructions as large and established trees, steep hills, drainageways, or major utility lines, the construction costs of the sidewalk or bikeway in its normal location would be prohibitive, sidewalks or bikeways may be located elsewhere within the street right-of-way, or within an easement, with the approval of the City Engineer. Sidewalks and bikeways constructed at street intersections or within five feet of a legal crosswalk shall include provisions for curb ramping as required by § 66.0909, Wis. Stats., and in accordance with City standards. In all cases where the grades of sidewalks or bikeways have not been specifically fixed by ordinance, the sidewalks and bikeways shall be laid to the established grade of the street [reference § 66.0907(2), Wis. Stats.]. In areas where sidewalks and bikeways are to be laid to the established grade of the street, the street edge of the sidewalk or bikeway pavement shall be at an elevation above the top of the curb determined by a slope of a minimum of 1/4 inch per foot up to a maximum of 3/4 inch per foot times the distance between the curb and the street sidewalk or bikeway edge. The sidewalk or bikeway pavement shall be sloped at a minimum of 1/4 inch per foot and a maximum of 3/4 inch per foot toward the street, unless public drainage is available behind the sidewalk or bikeway.

(2) Sidewalks in street rights-of-way shall be specifically intended to serve adjacent lots and the pedestrian traffic generated from and to those lots.

D. Bikeways.

(1) Bikeways shall be intended to serve both pedestrian and bicycle traffic in areas where the majority of the adjoining lots do not have frontage or access to the street or are not being served by the bikeway. In general, those lots which do not front or have access on the street in question are not the generating or terminating point for the pedestrian or bicycle traffic.

(2) More specifically, bikeways shall be designed to transport the majority of pedestrian or bike traffic through the area as opposed to serving the adjoining lots as a sidewalk does.

(3) Bikeways shall not be installed in lieu of sidewalks. However, where permitted by City ordinance, persons may ride a bicycle upon public sidewalks.

E. Location determination. The City Council shall determine where sidewalks and/or bikeways are required in accordance with this section.

F. Construction standards. Bikeways shall be constructed of bituminous pavement, at least 18 feet in width, in accordance with standard City specifications. Sidewalks shall be constructed according to the standards in § 370-5.

§ 443-29 Sanitary sewerage system.

A. When the proposed subdivision or certified survey map is located within the adopted sanitary sewer service area of the City of Amery, sanitary sewerage facilities shall be constructed in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. In addition:

(1) There shall be provided a sanitary sewerage system in conformity with the Master Plan of Sewers as approved by the City Council. The subdivider shall either install adequate sanitary sewer facilities and connect them to City sewer mains subject to specifications and inspection of the City Engineer or petition the City to install sanitary sewer facilities and connect them to City sewer mains. 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.

(2) The size, type, and installation of all sanitary sewers and sanitary laterals proposed to be constructed shall be in accordance with plans and specifications approved by the City Council, upon recommendation of the City 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. However, upon written approval of the City Engineer, the trenches may be backfilled with excavated material meeting the requirements of the Standard Specifications. If excavated material is allowed for backfill, it shall be compacted by mechanical methods, meeting the approval of the City Council, upon the recommendation of the City Engineer.

(3) The subdivider, at his/her cost, shall install all sanitary sewers, sewer laterals, and sewer appurtenances within the proposed subdivision.

B. Sanitary sewers, including all related items (manholes, lift stations, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the City.

C. Sanitary sewers shall be constructed 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 City 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 as approved by the City Engineer. Sewerage service lines of the sizes and materials required by the City Engineer shall be installed from the sanitary sewers to the property line of every lot in the subdivision. This installation will be coordinated with the installation of sanitary sewers. The size, type and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and standard specifications approved by the City Engineer. Where sanitary sewers are located within the floodplain, sanitary manholes shall be floodproofed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

D. The ends of the services for each lot shall be accurately measured and recorded with the City Engineer and marked in the field with appropriate staking.

§ 443-30 Water supply facilities.

A. When the proposed subdivision or certified survey map is located within the adopted water service area of the City of Amery, or when it is proposed to establish a private water supply and distribution system to serve two or more lots, the water supply and distribution facilities shall be installed in such a manner as to make adequate water service available to each lot within the subdivision. The subdivider shall make provision for adequate private water systems, where permitted, as required by the City in accordance with the standards of the Wisconsin Department of Natural Resources. In addition:

(1) There shall be provided a water supply system in conformity with the Master Plan of the Water System as approved by the City Council. The subdivider and/or property owner shall either install and connect City water to serve all lots subject to specifications and inspection of the City Engineer or shall petition the City for installation and connection of City water to serve all lots. The subdivider shall pay all costs of installing and connecting City water, including the bringing of water from where it exists to the subdivision in question, as well as providing all waterworks within the subdivision.

(2) 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 City Council, upon the recommendation of the City Engineer.

(3) The City shall install all water mains, water laterals, and water system appurtenances within the proposed subdivision.

(4) The cost of water mains will be shared by the property owners on either side of the street the main is laid in according to the Water Utility policies. The cost of water laterals will be paid entirely by the subdivider or landowner. These costs will be placed as a special assessment against the property.

B. Water mains shall be constructed 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 City Engineer.

§ 443-31 Stormwater drainage facilities.

A. Pursuant to § 443-45, stormwater drainage facilities shall be installed 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 City Engineer. The material and construction specifications for all drainage projects (i.e., pipe, culverts, seed, sod, etc.) shall be submitted by the subdivider for the area within the subdivision.

B. 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. All such facilities are to be of adequate size and grade to hydraulically accommodate the ten-year storm. Detention ponds, open channels and road ditches shall be designed for one-hundred-year frequency storms. Storm drainage facilities shall be so designed as to present no hazard 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 City Council. The subdivider shall pay all costs of all storm sewer work required to serve the subdivision.

C. Only where sump pumps are required, storm sewer laterals of the sizes and materials required by the Director of Public Works or City Engineer shall be installed from the mains to the lot line of every lot in the subdivision when storm sewer mains shall be required by this section. Storm drainage facilities shall be so designed as to present no hazard to life or property, minimize shoreland erosion and siltation of surface waters, shall prevent excess runoff on adjacent property and shall provide positive drainage away from on-site sewage disposal facilities. The size, type and installation of all stormwater drain and sewers proposed to be constructed shall be in accordance with this chapter and plans and standard specifications approved by the City Engineer. Storm drainage facilities shall be so designed as to minimize hazards to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the City 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.

D. Wherever possible, where drainage is into a lake, river or stream, the drainage shall be by open channel with landscaped banks and adequate width for maximum potential volume of 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. Such drainage is subject to erosion control in accordance with the latest edition of the Wisconsin Construction Site Best Management Practice Handbook.

§ 443-32 Other utilities.

A. In so far as possible, all utilities, including but not limited to natural gas, telephone, cable television, electric, and water, shall be installed underground with an affidavit by the subdivider that the maintenance of said public improvements will be guaranteed by the subdivider due to use of the improvements by purchasers and construction traffic. Prior to any maintenance, repair or replacement being performed by the developer during the bond period, it shall notify the City Engineer at least three work days prior to the doing of the work and obtain approval of the City Engineer as to the nature and manner of work to be done.

B. The subdivider shall cause gas, electric power, cable television and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision, certified survey or land division. All new electrical distribution television cables and telephone lines from which lots are individually served shall be underground unless the City Council, upon the recommendation of pertinent City utilities or the Plan Commission, specifically allows overhead poles because topography, soil, water table, solid rock, boulders, or other physical conditions would make underground installation unreasonable or impractical.

C. Plans indicating the proposed location of all gas, electrical power, cable television and telephone distribution and transmission lines required to service the plat shall be approved by the Director of Public Works.

§ 443-33 Street lamps; street trees.

A. Streetlighting. The City shall install street lamps 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 Director of Public Works or City Engineer. All the costs associated with the installation and maintenance of street lamps will be paid for by the subdivider.

B. Street trees. Street trees shall be planted throughout all residential land divisions. Such trees shall be planted in accordance with§ 390-6 of the City Code. The City shall let contracts for planting of street trees. A fee for street trees shall be collected as prescribed in § 443-11H. The fee shall be placed into a City Forestry Fund to be used for the planting of new street trees in the neighborhood in which the residence is located.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 443-34 Street signs.

A. The City shall pay the costs of providing the street signing necessary to serve the development. Such signing shall include street name signs and such temporary barricades and "road closed" signs as may be required by the Director of Public Works until the street improvements have been accepted by City Council 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 City as he/she may deem necessary to protect the improvements from damage and to protect the safety of the public. Such restrictions shall include, but not be limited by enumeration to, weight restrictions, street closings, access restrictions, or the posting of temporary traffic control measures. All the costs associated with the installation and maintenance of street signs will be paid for by the City.

§ 443-35 Erosion control.

A. 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.

B. The subdivider shall plant those grasses, trees, and vines, a species and size specified by the City Council, necessary to prevent soil erosion and sedimentation. In addition:

(1) The City Council 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.

(2) 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.

(3) Paths and trails in wooded and wetland areas shall not exceed 10 feet in width unless otherwise approved by the City Council and shall be so designed and constructed as to result in the least removal and disruption of trees and shrubs and the minimum impairment of natural beauty.

(4) 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.

(5) Review of the conduct of such cutting, clearing and moving may be required of the Polk County Department of Land Information, the State District Fish and Game Managers, and the State District Forester by the City Engineer, City Council, or Plan Commission as they deem appropriate.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 443-36 Partition fences.

When the land included in a subdivision plat or certified map abuts upon or is adjacent to land used for farming or grazing purposes, the subdivider shall erect partition fences, satisfying the requirements of the Wisconsin Statutes for a legal and sufficient fence, between such land and the adjacent land. A covenant binding the developer, its grantees, heirs, successors, and assigns to erect and maintain such fences, without cost to the adjoining property owners, so long as the land is used for farming or grazing purposes, shall be included upon the face of the final plat or certified survey map.

§ 443-37 Easements.

A. Utility easements. The City Council, on the recommendation of appropriate departments, utilities and agencies serving the City, 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. Drainage easements shall comply with the requirements of § 443-45F.

C. Easement locations.

(1) Utility easements shall be at least 12 feet wide, or wider where recommended by the City 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 City Council and/or Plan Commission that easements and any easement provisions to be incorporated in the plat or in deeds have been reviewed by the individual utility companies or the organization responsible for furnishing the services involved.

(2) All easements dedicated on final plats or certified survey maps for poles, cables or conduits for electricity, telephone or other private utility lines shall be noted thereon as "Utility Easement." All easements for storm and sanitary sewers, water and force mains, pedestrian walks and other public purposes shall be noted thereon as "Public Easement for" followed by reference to the use or uses for which they are intended.

D. Deed restrictions for easements. Deed restrictions shall accompany each final plat or certified survey map, and shall be filed in the Register of Deeds office. In addition to whatever else may be contained therein, such restrictions shall describe the location and width of utility and public easements which are being established; a description by reference to the final plat or certified survey map shall suffice. Such restrictions shall further recite that the utility companies and the public agencies using such easements are granted the right to place, and shall state that the elevation of such easements as graded by the subdivider may not be altered thereafter by him/her or any subsequent landowner by more than six inches.

§ 443-38 Extra-sized and off-site facilities.

When any public improvements of adequate capacity are not available at the boundary of a proposed land division, the City, 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.

(1) Where improvements of adequate size needed to serve the development are not available at the boundary of the development, the subdivider shall proceed under one of the alternatives as identified in § 443-23B.

(2) Where improvements in excess of the size needed to serve just the proposed subdivision are required, the subdivider shall pay for the total cost of improvements he/she is required to install to serve his/her subdivision. The additional costs which result from the extra-size improvement shall be paid for by the City. Thus, when conditions within the whole drainage area will require an eighteen-inch sewer and a twelve-inch sewer will adequately serve the subdivision involved, the subdivider shall construct the eighteen-inch sewer. The City shall be responsible for the difference in such cost as determined by the City Engineer.

C. Lift stations. Where sanitary or storm sewer lift stations and force mains are required to lift sewage to the gravity system, the subdivider shall have plans, profiles, specifications and estimated operation and maintenance costs prepared for the installation of such facilities to the City Engineer's requirements. Equipment similar to existing City equipment shall be utilized whenever possible. The installation, inspection, supervision and engineering fees for lift stations and/or force mains shall be paid for by the subdivider unless otherwise determined and agreed upon by the City Council. Gravity sanitary sewer service shall be employed whenever determined by the City Engineer to be feasibly accessible.

§ 443-39 Acceptance of improvements and dedications.

A. Acceptance of improvements. The dedication of any improvements, utilities, streets, parks, easements, rights-of-way or other lands or rights to the City or the public shall not be considered accepted by the City for public ownership until such time as the required public improvements within the intended dedication or necessary because of the intended dedication have been completed and accepted by the City Council by adoption of a resolution accepting such dedication. The subdivider shall be responsible for and liable for the maintenance, safety and operation of all required public improvements until such time as the improvements are accepted by the City Council by resolution. In the event the City 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 City, the costs of such measures shall hereby be determined to be City-incurred costs to be reimbursed to the City by the subdivider in accordance with the provisions of this chapter.

B. Inspection and certification of improvements.

(1) After any of the following increments of the required improvements have been installed and completed, the subdivider shall notify the City 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 City Administrator/Clerk-Treasurer and approved by the City 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, materialman or laborer after all required improvements have been installed. Acceptance of the improvements may be requested in the following increments:

(a) Sewer mains and services (either storm or sanitary).

(b) Water mains and services.

(c) Streets comprised of all grading, gravel, curb and gutter, culverts and paving.

(d) Other miscellaneous appurtenances to the above increments such as sidewalks, bikeways, streetlighting, street signing, etc.

(2) The City Administrator/Clerk-Treasurer shall certify that there are no unpaid taxes or unpaid special assessments on any of the lands included in the area of acceptance and shall prepare a final billing for engineering, inspection and legal fees and submit it to the subdivider for payment. The City Engineer shall conduct any necessary final inspections of the improvements and forward a report to the City Administrator/Clerk-Treasurer recommending either approval or disapproval. When the engineering, inspection and legal fees, taxes and special assessments have been paid and when the necessary lien waivers and affidavits have been filed, the report of the City Engineer, together with the recommendation of the City Administrator/Clerk-Treasurer, shall be forwarded to the City Council for approval and acceptance of the improvements and dedications.

§ 443-40 Site grading.

The subdivider shall be required to grade the full land division in accordance with the requirements of § 443-47. The entire cost of grading will be paid for by the City. All street projects that will require grading must be requested for one year in advance of the actual work to be done so the funds can be budgeted for.