A.
General requirement.
(1)
In accordance with the authority granted by § 236.13, Wis.
Stats., the City of Colby hereby requires that, as a condition of
final plat or certified survey approval, the subdivider agree to make
and install all public improvements required by this chapter and that
the subdivider shall provide the City with security to ensure that
the subdivider will make the required improvements. As a further condition
of approval, the Common 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.
(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 Common Council or that a specific portion of the costs
be paid in advance as provided in § 236.13, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The required public improvements assigned to subdividers shall be
installed by the subdivider at his cost.
B.
General standards. The required public improvements shall be installed
in accordance with the engineering standards and specifications which
have been adopted by the Common 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 four years 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.
C.
Project manager. The subdivider shall designate a project manager,
who shall be readily available on the project site during the construction
of the required public improvements. The project manager shall be
granted authority on behalf of the subdivider to make decisions related
to the construction of the required public improvements as they may
arise during the course of the construction. The project manager shall
also be responsible for the scheduling and coordination of the required
work to construct the required improvements. Correspondence with or
verbal orders to the designated project manager shall have the same
authority as with the subdivider directly.
A.
Developer's agreement required; financial security for improvements.
(1)
Condition of approval. Prior to the final approval and recording of any certified survey map, subdivision final plat or condominium requiring improvements located within the jurisdictional limits of this chapter, and prior to the installation of any required improvements, and as a condition of said approval, the subdivision, condominium or certified survey map developer (as applicable) shall enter into a contract ("developer's agreement" or "subdivider's agreement") with the City of Colby agreeing to furnish, construct and install the required improvements at the sole cost of the subdivision, condominium or certified survey map developer (as applicable) and shall file with said contract a performance bond, irrevocable letter of credit or certified check in the amount equal to, or not exceeding, 120% of the City Engineer's estimate. Such security amount determination shall be made by the Common Council after review and recommendation of the City Engineer's estimated total cost to complete the required public improvements. It shall be the developer's option whether to execute a performance bond or whether to provide a letter of credit or certified check to satisfy the City's requirement that the developer provide security to ensure that the required public improvements are made within a reasonable time per the subdivider's agreement. Security phasing, pursuant to Subsection B below, shall be utilized if the project is to be completed pursuant to an approved phasing plan.
(2)
Purpose of guarantee. The purpose of the guarantee and surety is
to ensure that such required improvements will be completed by the
subdivision, certified survey map or condominium developer (as applicable),
or the developer's subcontractor or agent, and serves as a further
guarantee that all obligations to subcontractors for work on the development
are satisfied. Such improvements shall be completed by the developer
of the subdivision, certified survey map or condominium project, or
by his/her subcontractor, as set forth in the subdivider's agreement.
(3)
Form of agreement. The contract form shall be approved by the City
Attorney and provided by the City and may provide for a phasing of
public improvements construction, providing such phasing is approved
by the Common Council. The City reserves the right to control the
phasing through limits and sequence so as to provide for continuity
of streets, sewers, water mains and other necessary public improvements
within and between the phases. The amount of security that can be
required by the City is limited to the phase of the project that is
currently being constructed.
(4)
Authorized reductions of security amounts. The City may allow for
the reduction of the performance bond, irrevocable letter of credit
or certified check as work is completed on the project or phases of
the project.
(5)
Disputes over the amount of financial sureties. In a dispute over
the amount of a surety, the estimate prepared by the City Engineer
shall be given the greater weight.
(6)
Partial completion of improvements; escrow account/security reductions. On request of the subdivision, certified survey map or condominium developer (as applicable), the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat, and in such event the amount of the escrow deposit and/or required security may be reduced in a sum equal to the estimated cost of the improvements so completed prior to acceptance of the plat only. The amount of any reduction in an escrow account (see § 472-51 regarding escrow accounts) or required security shall be at the sole discretion of the Common Council, upon the recommendation from the City Engineer and City Attorney. Any balance remaining after such improvements have been made shall be returned to the subdivision, certified survey map or condominium developer (as applicable). The Common Council, at its option, may extend the escrow deposit period for an additional period not to exceed two years for nonsecured warranty purposes.
(7)
City authority to draw on escrow accounts. The Common Council shall
have the authority to draw upon the required security or escrow account
if at any time:
(a)
The developer is in default under this chapter in any aspect
of the developer's agreement with the City of Colby; or
(b)
The developer does not complete the installation of improvements
within the time established in the developer's agreement, unless otherwise
extended by agreement or action of the Common Council; or
(c)
The security on file with the City of Colby is dated to expire
in the next 60 days and has not been extended, renewed or replaced,
or the escrow deposit is 75% exhausted; or
(d)
The subdivision, certified survey map or condominium developer
(as applicable) otherwise fails to maintain the required security
in the amount approved by the City Engineer and agreed to in the developer's
agreement.
(8)
Improvements completion schedule. The time for completion of the
infrastructure work and the several parts thereof required by this
chapter shall be determined by the Common Council, upon recommendation
of the City Engineer, after consultation with the subdivision, certified
survey map or condominium developer (as applicable). The completion
date shall be a component of the contract.
(9)
Review and inspection costs. The subdivision, certified survey map or condominium developer (as applicable) shall pay the City for all costs incurred by the City for review and inspection of the development. (See § 472-51.) This would include review, and preparation at the Common Council's discretion, of plans and specifications by the City Engineer, Planner and Attorney, as well as other costs of a similar nature. The City may draw on the escrow account for this purpose.
(10)
Legal signatories to contract. If the subdivision, certified
survey map or condominium developer (as applicable) and the individual
or entity holding title to the property on which the development is
to occur are different entities or individuals, then both shall sign
the developer's agreement. If either or both the subdivision, certified
survey map or condominium developer (as applicable) or titleholder
to the development property are a corporate or legal entity, then
all of the owners of that entity (or entities if both the subdivider
and the title holder are legal entities) shall sign the developer's
agreement on behalf of the corporate or legal entity and in their
individual capacities. Developer's agreements shall also be acknowledged
and executed by all project mortgagees.
(11)
Miscellaneous provisions. In addition, the following requirements
shall apply:
(a)
Contracts and contract specifications for the construction of
street and utility improvements on dedicated street rights-of-way,
as well as the contractors and subcontractors providing such work,
shall be subject to the inspection of construction by the City or
its agent, and approval of the City. Unless otherwise authorized by
the City Engineer, said specifications shall follow those specified
in this chapter or as directed by the City Engineer.
(b)
The amount of the required security or certified check shall
be determined by the Common Council following the City Engineer's
estimate.
(c)
Governmental units to which these security and contract provisions
apply may file, in lieu of said contract and bond/security, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section, subject to the approval of the
City Attorney.
B.
Phasing.
(1)
Infrastructure phasing option. Pursuant to § 236.13(2)(am),
Wis. Stats., if the project is approved to be constructed in phases,
which approval shall not be unreasonably withheld, the security required
to be deposited shall be limited to the phase of the project currently
being constructed. The agreement shall provide a reasonable time,
not exceeding 14 months, by which such security shall be provided,
which shall be no sooner than is reasonably necessary before the commencement
of the installation of the improvements. In addition, the City may
require by agreement that the developer provide nonsecured improvements
warranties. The subdivision, condominium or certified survey map developer
(as applicable) 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 subdivision, condominium or certified survey map developer
(as applicable) submits security in an amount equal to 120% of the
estimated costs of improvements required for the installation and
construction schedules for that phase. Improvements constructed during
that phase shall not be accepted nor shall any building permit be
issued for construction within the completed area of that phase of
the land division unless required infrastructure for that phase has
been properly installed pursuant to this chapter;
(c)
The subdivision, condominium or certified survey map developer
(as applicable) is responsible for recording 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 subdivision, condominium or certified survey map developer
(as applicable) 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.
(2)
Phasing time line considerations. The time period for completion
of a phased improvement program shall take into account the needs
of the City and adjacent property owners for street and other improvements
to serve lands adjacent to and/or within the land division.
(3)
Reduction of security upon phase completion. As work progresses on installation of improvements constructed as part of the contract, the City Engineer, upon written request from the subdivision, condominium or certified survey map developer (as applicable) from time to time, is authorized to recommend a reduction in the amount of surety as hereinafter provided. When portions of construction (any required utilities infrastructure, street, sidewalk, greenway, stormwater management or other improvements) are completed by the subdivision, condominium or certified survey map developer (as applicable) and determined acceptable by the City Engineer, the City Clerk-Treasurer is authorized, upon submission of lien waivers by the subdivision, condominium or certified survey map developer's (as applicable) contractors, to reduce the amount of surety. The amount of surety may be reduced at the time any required underground utilities are installed and tested. The amount of surety remaining shall be equal to 120% of the estimate of the City Engineer of costs of work remaining to be completed and accepted and to ensure performance of the fourteen-month guarantee as specified in Subsection B(4) below against defects in workmanship and materials on work accepted.
(4)
City acceptance of surety reduction. 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 Common Council 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 fourteen-month 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.
C.
Issues to be addressed by developer's agreement. The developer's
agreement should, but is not limited to, address the following development
issues:
(1)
The developer's agreement shall identify all individuals or business
entities holding an ownership interest in the subject property or
holding an interest under an executed purchase agreement at the time
the developer's agreement is executed. The developer's agreement shall
also be executed and acknowledged by current and known future mortgagees
and shall be binding on the successors and assigns of the named developers,
owners and mortgagees.
(2)
The developer's agreement shall contain a full and accurate description
of the area being subdivided.
(3)
The developer's agreement shall address all exceptions to design
standards being sought or being granted by the City and affecting
the area being subdivided.
(4)
The developer's agreement shall require that acceptable security
be posted with and in favor of the City if all public improvements
called for under this chapter for the subdivision, certified survey
map or condominium development are not fully installed and accepted
by the City by the time a plat receives preliminary plat approval
or when a certified survey map is finally approved. The developer's
agreement shall address whether and when said security can be released
and shall further require the developer to take all steps necessary
to maintain the required security in the City's possession and not
to allow it to expire.
(5)
The developer's agreement shall disclose and confirm relevant details
regarding the developer's insurance, warranties, continuing maintenance
requirements and responsibilities and other contracts and agreements
affecting the subject property.
(6)
Where any platted area in a subdivision or certified survey map will
serve as open or buffer space and be jointly maintained and controlled
by the owners of the platted lots or where erosion control or stormwater
management devices will be installed in the area being subdivided
that will require ongoing maintenance, the developer's agreement shall
require that a homeowners' association be created with membership
on an equal basis of all platted lots not commonly owned and on an
equal basis, that association bylaws be developed and that a restrictive
covenant or other perpetual, binding legal device be employed that
will create, administer and enforce the collective responsibilities
of the individual members of said homeowners' association concerning
commonly held areas and/or erosion control or stormwater management
devices.
(7)
A developer's agreement shall contain measures to protect the investments
and expectations of existing and future lot owners against unilateral
changes in the organizational or governing documents of a homeowners'
association by a developer so long as the subject area is under the
developer's control by requiring advance City approval of material
changes to the homeowners' association bylaws or restrictive covenants
from the time the developer's agreement is executed until a majority
of the lots are conveyed to individual homeowners.
(8)
The developer's agreement shall contain the developer's representation
concerning intended subdivision design standards and home price ranges
and its agreement to maintain such standards through build-out of
the subdivision, certified survey map or condominium development (as
applicable).
(9)
The developer's agreement shall address the timing of joint driveway
paving, shall require shared maintenance agreements concerning shared
driveways and shall address the control and removal of debris and
rubbish during initial construction on lots being created.
(10)
The developer's agreement shall refer to or include as exhibits
the following information:
(a)
Preliminary plat (or certified survey map);
(b)
Final plat, to be added once approved and recorded;
(c)
Road design and construction plans;
(d)
Stormwater calculations and plans;
(e)
City permits for any incoming transfer of development rights
that will operate to create greater dwelling unit densities in the
development than would be allowed under this chapter without a transfer
of development rights; and
(f)
Other project-related information as required by the City of
Colby.
(11)
The developer's agreement shall require the developer to pay
all of the City's professional fees and expenses related to the developer's
agreement.
(12)
The developer's agreement may also address areas not included
in this chapter or otherwise expressly required by law but that are
nonetheless mutually agreeable to the developer and the City and which
promote the public health, safety and welfare of the residents and
taxpayers of the City of Colby.
D.
Approval of subdivider's agreement. The subdivider's agreement shall
be drafted or approved as to form and content by the City Attorney,
and shall be approved by the Common Council prior to the final approval
of the certified survey map, subdivision final plat or condominium
plat.
E.
Improvement guarantee.
(1)
Types of required security. The subdivision, condominium or certified
survey map developer (as applicable) shall include in said contract
an instrument of public improvement guarantee by irrevocable letter
of credit, certified check 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 or replacement
by the subdivision, condominium or certified survey map developer
(as applicable) of said required public improvements which deteriorate
or fail to meet performance or operating standards during the bond/security
term, or any penalties which may be incurred as a result thereof,
equal to 120% of the City Engineer's estimate of the cost of the public
improvements. Pursuant to § 236.13(2)(am)1m.a, Wis. Stats.,
it is the developer's choice as to whether to provide as required
security a performance bond, irrevocable letter of credit or a certified
check. When a certified check is posted as security, the instrument
shall be negotiable by the City. When a letter of credit is posted
as security, the City shall be the beneficiary.
(2)
City authority to correct deficient improvements. If within 14 months
after the date the public improvements for which the security is provided
are substantially completed and are found by the City to be deficient
or substandard, the subdivision, condominium or certified survey map
developer (as applicable) shall remove and replace them with nondefective
work in accordance with written instructions given by the City Engineer.
If the subdivision, condominium or certified survey map developer
(as applicable) 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.
(3)
Warranty period. The agreement may require a nonsecured warranty
period longer than the fourteen-month secured guarantee period.
(4)
Definition of "substantially completed." For purposes of this section
pursuant to § 236.13(2)(am)2, Wis. Stats., public improvements
reasonably necessary for a project or phase of a project are considered
to be "substantially completed" at the time the binder course is installed
on streets or roads to be dedicated or, if the required public improvements
do not include a street or road to be dedicated, at the time that
90% of the public improvements by cost are completed. The Common Council
may allow for the reduction of the security as work is completed.
F.
Survey monuments.
(1)
Monument installation. Before final approval of any plat within the
corporate limits of the City, the subdivider or condominium developer
(as applicable) shall cause survey monuments to be installed as required
by and placed in accordance with the requirements of § 236.15,
Wis. Stats., and as may be required by the City Engineer.
(2)
Waiver. The City Engineer may waive the placing of monuments, as provided in § 236.15(1)(h), Wis. Stats., for a reasonable time, not to exceed one year, on condition that the subdivider or condominium developer (as applicable) provide a letter of credit, certified check or performance bond to ensure the placing of such monuments within the time required by Wisconsin Statutes under and in compliance with the provisions of Subsection F(1) above. Additional time may be granted by the City Engineer upon show of cause.
(3)
Preservation of established monuments. 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 subdivision, condominium or certified
survey map developer (as applicable).
A.
Engineering reports, construction plans and specifications. As required by § 472-12, 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 of Colby shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his seal. Such plans, together with the quantities of construction items, shall be submitted to the City Engineer for his approval and for his estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required. Simultaneously with the filing of the final plat with the City Clerk-Treasurer or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:
(1)
Street plans and profiles showing existing and proposed grades, elevations
and cross-sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations, grades,
sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing the locations,
grades, sizes, cross-sections, elevations and materials of required
facilities.
(4)
Water main plans and profiles showing the locations, sizes, elevations
and materials of required facilities.
(5)
Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation. Such plans shall comply with Chapter 393, Stormwater Management and Erosion Control, of the Code of the City of Colby, 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 showing 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.
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 Common 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 Common Council. The Common 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 or the Common Council deems necessary to ensure
compliance with the plans and specifications as approved. The owner/developer
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 ensure satisfactory work.
D.
Subdivider to reimburse the City for costs sustained. The subdivider
of land divisions within the City of Colby 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 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 staff/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.
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.
The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 472-40 and 472-41:
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 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 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 surety to insure the placing of such monuments within the time required. On behalf of the City, the City 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 cost.
E.
Street construction. After the installation of all required utility
and stormwater drainage improvements, the subdivider shall prepare
for surfacing all roadways in streets proposed to be dedicated, to
the widths prescribed by these regulations, by placing crushed rock
on said roadways 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.
A.
After the installation of all utility and stormwater drainage improvements,
the City may decide to construct concrete curbs and gutters or, if
approved by the City, a system of ditches and culverts. Where curb
and gutter is required, the cost thereof shall be levied by special
assessment to adjacent property owners. Where determined necessary,
the City shall install concrete curb and gutter along both sides of
all streets and boulevards shown on the plat. Wherever possible, provision
shall be made at the time of construction for driveway access curb
cuts.
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 24-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, where required
by the City Engineer, three continuous 1/2-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 3/4 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.
A.
Where required. In all new subdivisions and additional areas as required by the Common Council, the construction of all sidewalks shall be in accordance with plans and standard specifications approved by the City Engineer and in compliance with § 398-5 of the City Code.
B.
Extra-sized sidewalks. Wider-than-standard sidewalks may be required
by the Common Council in the vicinity of schools, commercial areas
and other places of public assemblage; and the Common Council may
require the construction of sidewalks in locations other than required
under the preceding provisions of this section if such walks are necessary,
in its opinion, for safe and adequate pedestrian circulation.
C.
Location.
(1)
The subdivider shall be required to provide sidewalks and bikeways
where required by Common Council action or 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 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 [Ref. § 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 Common 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 eight feet in width, in accordance with standard City specifications. Sidewalks shall be constructed according to the standards in § 398-5 of the City Code.
G.
Required locations. The subdivider shall be required to install sidewalks
and/or bikeways in accordance with the following:
(1)
On all streets within new subdivisions.
(2)
On other streets, both major and minor, which serve as major pedestrian
access routes to and from such pedestrian traffic generators as business
establishments, restaurants, schools, neighborhood parks, high-density
multifamily developments, etc.
(3)
All streets which currently have sidewalk along only a portion of
street between consecutive intersections shall be completed from intersection
to intersection.
A.
There shall be provided a sanitary sewerage system to all lots, approved
by the City Engineer. The subdivider shall install adequate sanitary
sewer facilities and connect them to City sewer mains, subject to
specifications and inspection of the City Engineer. All sanitary sewers
shall be in accordance with Ch. NR 110, Wis. Adm. Code. The subdivider
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.
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. Where sewers
larger than 10 inches in diameter are required, the land divider shall
be responsible for the cost of a ten-inch sewer. The difference in
cost between the ten-inch sewer and that installed shall be borne
by the City.
C.
The subdivider shall construct sanitary sewers in such a manner as
to make adequate sanitary sewerage service available to each lot within
the subdivision. Where public sanitary sewers of adequate capacity
are determined by the 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 Plumbing Inspector shall be installed from the sanitary sewers
to the property line of every lot in the subdivision. This installation
will be coordinated with the installation of sanitary sewers. The
size, type and installation of all sanitary sewers proposed to be
constructed shall be in accordance with plans and standard specifications
approved by the City Engineer. Where sanitary sewers are located within
the floodplain, sanitary manholes shall be floodproofed.
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.
A.
Provision of water service.
(1)
Plans; hydrants. There shall be provided a water supply system in
conformity with the master plan of the water system as approved by
the City utilities. The subdivider shall install and connect City
water to serve all lots subject to specifications and inspection of
the City utilities and the State of Wisconsin 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 adequate
City water, including the bringing of water from where it exists to
the land division in question as well as providing all waterworks
within the land division. The subdivider shall provide for a minimum
water main diameter of eight inches, except in culs-de-sac where six
inches may be allowed, and the location of public fire hydrants along
the public streets at not greater than a 600-foot spacing. Fire hydrants
which have not passed testing or have not been operationalized shall
be covered with securely attached bags to preclude their being inadvertently
used by the Fire Department in an emergency situation. The center
line of the pumper nozzle of each hydrant shall be a minimum of 21
inches above the pavement.
(2)
Plans and specifications. The land divider shall have prepared plan
and profile drawings and specifications for the installation of water
main facilities in accordance with City master water main plan, including
the water main, pipe fittings, valves, hydrants and lateral house
connections for each lot in the subdivision extended to the lot line.
Upon approval of the plans by the City Engineer and the City utilities,
the land divider shall cause to be installed, in accordance with the
Standard Specifications for Sewer and Water Construction in Wisconsin,
all facilities required, and the cost of same, including inspection,
supervision and engineering fees, shall be paid for by the subdivider.
(3)
Oversize mains. Where water mains larger than 10 inches in diameter
are required, the subdivider shall be responsible for the cost of
a ten-inch main. The difference in cost between the ten-inch main
and that installed shall be borne by the City or its utilities.
(4)
Regulations adopted by reference. The rules of the City'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.
Minimum requirements. The subdivider shall construct water mains
in such a manner as to make adequate water service available to each
lot within the land division. Extensions of the public water supply
system shall be designed so as to provide public water service to
each lot and required fire flow protection to each hydrant. The size,
type and installation of all public water mains proposed to be constructed
shall be in accordance with plans and standard specifications approved
by the City Engineer.
Pursuant to § 472-44, the subdivider 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 City Engineer. 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 run-off 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.
A.
Utilities to be provided.
(1)
Insofar as possible, all utilities, including but not limited to
natural gas, telephone, cable TV, electric and water, shall be installed
underground, with an affidavit by the subdivider that the maintenance
of said public improvements will be guaranteed by the subdivider due
to use of the improvements by purchasers and construction traffic.
(2)
Prior to any maintenance, repair or replacement being performed by
the developer during the bond period, it shall notify the City Engineer
at least three workdays 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.
Underground utilities. 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 Common Council,
upon the recommendation of pertinent City utilities or the Planning
Committee, specifically allows overhead poles because topography,
soil, water table, solid rock, boulders or other physical conditions
would make underground installation unreasonable or impractical.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Approval of locations. 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.
A.
Provision by subdivider. The subdivider shall arrange with the City
and pay the costs of providing the street signing necessary to serve
the development. Such signing shall include street name signs and
such temporary barricades and "road closed" signs as may be required
by the Director of Public Works until the street improvements have
been accepted by Common Council resolution.
B.
Traffic regulations on unaccepted streets. 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 may deem
necessary to protect the improvements from damage and to protect the
safety of the public. Such restrictions shall include, but not be
limited by enumeration to, weight restrictions, street closings, access
restrictions or the posting of temporary traffic control measures.
The subdivider shall cause all gradings, excavations, open cuts,
side slopes and other land surface disturbances to be mulched, seeded,
sodded or otherwise protected so that erosion, siltation, sedimentation
and washing are prevented. The subdivider shall submit an erosion
control plan that specifies measures that will be taken to assure
the minimization of erosion problems.
When the land included in a subdivision plat or certified map
abuts upon or is adjacent to land used for farming or grazing purposes,
the subdivider shall erect partition fences, satisfying the requirements
of the Wisconsin Statutes for a legal and sufficient fence, between
such land and the adjacent land. A covenant binding the developer,
its grantees, heirs, successors and assigns to erect and maintain
such fences, without cost to the adjoining property owners, so long
as the land is used for farming or grazing purposes, shall be included
upon the face of the final plat or certified survey map.
A.
Utility easements. The Common 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.
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 Planning Committee
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
All easements dedicated on final plat or certified survey maps for
poles, cables or conduits for electricity, telephone or other private
utility lines shall be noted thereon as "Utility Easement." All easements
for storm and sanitary sewers, water and force mains, pedestrian walks
and other public purposes shall be noted thereon as "Public Easement
for" followed by reference to the use or uses for which they are intended.
D.
Deed restrictions for easements. Deed restrictions shall accompany
each final plat or certified survey map, and shall be filed in the
Register of Deeds office. In addition to whatever else may be contained
therein, such restrictions shall describe the location and width of
utility and public easements which are being established; a description
by reference to the final plat or certified survey map shall suffice.
Such restrictions shall further recite that the utility companies
and the public agencies using such easements are granted the right
to place, and shall state that the elevation of such easements as
graded by the subdivider may not be altered thereafter by him or any
subsequent landowner by more than six inches.
When any public improvements of adequate capacity are not available
at the boundary of a proposed land division, the 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. 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 § 472-23A.
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 Common Council. Gravity sanitary sewer service
shall be employed whenever determined by the City 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 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 Common 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 Common 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 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 owed 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:
(2)
The City Clerk-Treasurer shall certify that there are no unpaid taxes
or unpaid special assessments on any of the lands included in the
area of acceptance and shall prepare a final billing for engineer,
inspection and legal fees and submit it to the subdivider for payment.
The City Engineer shall conduct any necessary final inspections of
the improvements and forward a report to the City 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 City Engineer, together with the recommendation
of the City Clerk-Treasurer, shall be forwarded to the Common Council
for approval and acceptance of the improvements and dedications.
The subdivider shall be required to grade the full land division in accordance with the requirements of § 472-46.
