A.
General requirement.
(1)
In accordance with the authority granted by § 236.13 of
the Wisconsin Statutes, the Village of Sullivan 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 Village with security,
of the Village's choice, to ensure that the subdivider will make the
required improvements. As a further condition of approval, the Village
Board 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 Village may require, at the Village's choice, that the public
ways have been previously provided with all necessary facilities constructed
to Village specifications, including, but not limited to, sewerage,
storm drainage, water mains and services, grading and improvement
of the streets and other public ways, sidewalks, street signing, streetlighting
and such other facilities required by the Village Board.
B.
Options.
(1)
The required public improvements shall be installed by the subdivider
at his/her cost; and/or
(2)
In addition to the above, the Village, if so authorized by the Village
Board, 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 Village 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 Village's Master Plan or other adopted comprehensive
development or public facilities plan.
(3)
Any workable combination of the above determined by the Village Board
as acceptable.
(4)
If the Village finds that Village construction of such public improvements
would not be warranted as a special assessment to the intervening
properties, or as a governmental expense until some future time, the
developer shall be required, if he/she wishes to proceed with the
development, to obtain necessary easements or right-of-way and construct
and pay for such public improvement extensions.
C.
General standards. The required public improvements shall be installed
in accordance with the engineering standards and specifications which
have been adopted by the Village Board. Where standards and specifications
have not been adopted, the improvements shall be made in accordance
with established engineering practices, approved prior to the start
of construction by the Village Engineer. When new or revised standards
and/or specifications have been adopted by the Village, work on public
improvements not begun within 18 months of the date of final plat
adoption shall be made to the new or revised standards and/or specifications.
The Village Engineer shall review and approve the construction plans,
specifications and calculations for the construction of the required
public improvements.
D.
Project manager. The 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.
Subdivider's agreement required.
(1)
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 ("subdivider's agreement") with the Village of Sullivan 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 Village Engineer's estimate. Such security amount determination shall be made by the Village Board after review and recommendation of the Village 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 Village'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. When a letter of credit is posted as security, the Village of Sullivan shall be the beneficiary. When a certificate of deposit or certified check is posted as security, the instrument must be negotiable by the Village.
(2)
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)
The contract form shall be approved by the Village Attorney and provided
by the Village and may provide for a phasing of public improvements
construction, providing such phasing is approved by the Village Board.
The Village reserves the right to control the phasing through limits
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 Village
is limited to the phase of the project that is currently being constructed.
(4)
The Village 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)
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 Village
or its agent, and approval of the Village of Sullivan.
(b)
Governmental units to which these security and contract provisions
apply may file, in lieu of said contract and 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 Village
Attorney.
(6)
The subdivision, condominium or certified survey map developer (as
applicable) 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
Village standard street improvements (including, but not limited to
curbs and gutters, local storm sewer, sidewalks and bituminous pavement).
B.
Phasing.
(1)
Pursuant to § 236.13(2)(am)1.b, 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 Village 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 Village, to install the improvements
in construction phases, provided that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(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 Village Attorney, which specify that the lots which are included
in future construction phases of the land division will not be transferred
or sold unless the Village's approval is obtained;
(d)
The 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)
The time period for completion of a phased improvement program shall
take into account the needs of the Village and adjacent property owners
for street and other improvements to serve lands adjacent to and/or
within the land division.
(3)
As work progresses on installation of improvements constructed as part of the contract, the Village 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 (water, sanitary sewer, street, sidewalk, greenway or other improvements) are completed by the subdivision, condominium or certified survey map developer (as applicable) and determined acceptable by the Village Engineer, the Village 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 all underground utilities are installed and tested. The amount of surety remaining shall be equal to 120% of the estimate of the Village Engineer of costs of work remaining to be completed and accepted and to ensure performance of the fourteen-month guarantee as specified in Subsection D below against defects in workmanship and materials on work accepted.
(4)
When the work on the major components of construction has been substantially
completed, except for work which cannot be completed because of weather
conditions or other reasons which, in the judgment of the Village
Engineer are valid for noncompletion, the Village Clerk-Treasurer
is authorized, in his/her sole discretion, to accept a reduction in
the amount of surety to an amount in the estimate of the Village 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 Village Engineer prior to commencing
construction.
(5)
The Village Board, in the subdivider's agreement, may require a nonsecured
warranty period beyond the secured fourteen-month period.
C.
Approval of subdivider's agreement. The subdivider's agreement shall
be drafted or approved as to form and content by the Village Attorney,
and shall be approved by the Village Board prior to the final approval
of the certified survey map, subdivision final plat, or condominium
plat.
D.
Improvement guarantee.
(1)
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, replacement by the subdivision, condominium
or certified survey map developer (as applicable) of said 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 Village Engineer's estimate
of the cost of the public improvements.
(2)
If within 14 months after the date the public improvements for which
the security is provided are substantially completed are found by
the Village to be deficient or substandard, the subdivision, condominium
or certified survey map developer (as applicable) shall remove it
and replace it with nondefective work in accordance with written instructions
given by the Village 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 Village may cause
the removal and replacement of said defective work and charge all
direct, indirect and consequential costs of such removal and replacement
to the performance bond or improvement guarantee instrument.
(3)
The agreement may require a nonsecured warranty period longer than
the fourteen-month secured guarantee period.
(4)
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 Village Board may allow for
the reduction of the security as work is completed on the project.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
Survey monuments.
(1)
Before final approval of any plat within the corporate limits of
the Village, 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 Village Engineer.
(2)
The Village 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 surety bond to ensure the placing of such monuments within the time required by Wisconsin Statute under and in compliance with the provisions of Subsection A above. Additional time may be granted by the Village Engineer upon show of cause.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
Building permits shall not be issued until all survey monumentaion
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).
F.
Waiver of special assessment notice and hearing. The developer shall
file with said contract, subject to approval by the Village Attorney,
a waiver of special assessment notices and hearings such that the
developer, his/her heirs and assigns (including purchasers of property
from the subdivider), waive notice and hearing for and authorize the
assessment for any and all of the required public improvements in
phases of the land division for future development in accordance with
the Wisconsin Statutes.
A.
Engineering reports, construction plans and specifications. As required by § 478-14, engineering reports shall be submitted simultaneously with the filing of the preliminary plat. At the final plat or certified survey stage, construction plans and specifications for the required improvements conforming in all respects with the standards of the Village Engineer and the ordinances of the Village shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his seal. Said plans and specifications shall be accompanied by such supporting calculations and reports as required by the Village Engineer to enable him to review the plans and specifications. Such plans and specifications, together with the quantities of construction items, shall be submitted to the Village Engineer for his/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 or certified survey with the Village Clerk-Treasurer or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:
(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 173, Building Construction, if applicable.
(6)
Planting plans showing the locations, age, caliper, species and time
of planting of any required grasses, vines, shrubs and trees.
(7)
Additional special plans or information as required by Village officials.
B.
Action by the Village Engineer. The Village Engineer shall review
or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent Village
ordinances and design standards recommended by the Village Engineer
and approved by the Village Board. If the Village Engineer rejects
the plans and specifications, he/she shall notify the owner, who shall
modify the plans or specifications or both accordingly. When the plans
and specifications are corrected, the Village Engineer shall approve
the plans and specifications for transmittal to the Village Board.
The Village Board shall approve the plans and specifications before
the improvements are installed and construction commenced.
C.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans approved above,
written authorization to start the work shall be obtained from the
Village Engineer upon receipt of all necessary permits and in accordance
with the construction methods of this chapter. Building permits shall
not be issued until all improvements up through concrete curbs and
gutters are satisfactorily completed.
(2)
During the course of construction, the Village Engineer shall make
such inspections as he or the Village Board deems necessary to insure
compliance with the plans and specifications as approved. The owner
shall pay the actual cost incurred by the Village for such inspections.
This fee shall be the actual cost to the Village of inspectors, engineers
and other parties necessary to insure satisfactory work.
D.
Record plans. After completion of all public improvements and prior
to final acceptance of said improvements, the subdivider shall make
or cause to be made two copies of record plans showing the actual,
as-built location of all valves, manholes, stubs, sewers and water
mains and such other facilities as the Village Engineer shall require.
These plans shall be prepared on the original Mylars of the construction
plans and shall bear the signature and seal of a professional engineer
registered in Wisconsin. The presentation of the record plans shall
be a condition of final acceptance of the improvements and release
of the surety bond assuring their completion. Such plans shall be
filed with the Village Clerk-Treasurer.
The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 478-41 and 478-42:
A.
General considerations. The streets shall be designed and located
in relation to existing and planned streets, to topographical conditions
and natural terrain features such as streams and existing tree growth,
to public convenience and safety, and in their appropriate relation
to the proposed uses of the land to be served by such streets.
B.
Construction standards. Construction of all streets shall conform
to the current standards as established by the Village in this chapter
and elsewhere and shall be subject to approval of the Village Engineer
before acceptance.
C.
Conform to Official Map. The arrangement, width, grade and location
of all streets shall conform to the Official Map (if adopted).
D.
Survey monumentation. Before final approval of any plat or certified survey within the corporate limits of the Village, the subdivider shall install monuments placed in accordance with the requirements of Chapter 236, Wis. Stats., or as may be required by the Village Engineer. All survey monumentation located adjacent to street or public rights-of-way, but not located within street pavement, shall be protected with steel fence posts erected near the survey monumentation. The Village Engineer may waive the placing of monuments for a reasonable time during public improvement construction on condition that the subdivider executes a survey to insure the placing of such monuments within the time required. On behalf of the Village, the Village Clerk-Treasurer is authorized to accept such surety bonds and contracts for monumentation in an amount approved by the Village Engineer. Building permits shall not be issued until all survey monumentation for the block(s) of lots in which the lot(s) for which building permits are being applied for within the phase of the land division under development has been installed. When the land division includes and established one-half, one-quarter, one-quarter one-quarter, 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 in streets proposed to be dedicated, to
the widths prescribed by this chapter, by placing crushed rock on
said roadways and, in addition, shall surface said street, in a manner
and quality consistent with this chapter and plans and specifications
approved by the Village Engineer. Construction shall be to Village
standard specifications for street improvements.
F.
Street cross sections. When permanent street cross sections have
been approved by the Village, the 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
Village Engineer.
In any subdivision or minor land division, the Village Board
shall require the subdivider to construct concrete curbs and gutters
in accordance with plans and standard specifications approved by the
Village Board, upon the recommendation of the Village Engineer. Concrete
curbs and gutters shall be installed when deemed necessary for erosion
control, surface water drainage or runoff management. Wherever possible,
provision shall be made at the time of construction for driveway access
curb cuts. Where required, the subdivider shall install concrete curbs
and gutters along both sides of all streets and boulevards shown on
the plat. The cost of the curb and gutter required inspection, supervision
and engineering fees shall be paid for by the subdivider. Wherever
possible, provision shall be made at the time of construction for
driveway access curb cuts.
A.
Specifications. In all subdivisions, the Village Board shall require subdividers to construct a concrete sidewalk on streets only in such locations deemed necessary by the Village Board. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Village Board, upon the recommendation of the Village Engineer. All required sidewalks shall satisfy the design specifications in § 399-2 of Chapter 399, Streets and Sidewalks, of the Village Code.
B.
Extra-sized sidewalks. Wider-than-standard sidewalks may be required
by the Village Board in the vicinity of schools, commercial areas
and other places of public assemblage, and the Village Board may require
the construction of sidewalks in locations other than required under
the preceding provisions of this chapter if such walks are necessary,
in their opinion, for safe and adequate pedestrian circulation.
A.
When public sanitary sewerage facilities are available to the subdivision
plat, the subdivider shall construct sanitary sewerage facilities
in such a manner as to make adequate sanitary sewerage service available
to each lot within the subdivision. 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. Such required improvements shall
be dedicated to the Village upon such terms and conditions as the
Village Board may determine.
B.
Installation; connection fee.
(1)
Sanitary sewers, including all related items (manholes, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the Village. Installation shall be required all the way across each lot. Where sewers larger than 12 inches in diameter are required solely to serve areas outside the subdivision, the landowner shall be responsible only for the costs of the sewers necessary to serve the area within the subdivision. The difference in the costs of the sewers necessary to serve the subdivision and the costs of the sewers actually installed, as determined by the Village Engineer, shall be borne by the developer, with the right of recoupment, without inflation or interest adjustment in the recoupment amount (see § 478-38).
(2)
In the event the Village establishes a sewer connection fee, in addition,
the subdivider shall pay to the Village a sanitary sewer connection
fee based on the added cost of installing larger sewers and lift stations
in the total tributary drainage area which shall be prorated in proportion
to the ratio which the total area of the proposed plat is to the total
drainage area to be served by such larger sewers.
C.
The subdivider shall be responsible for the installation, and cost
thereof, of public sanitary sewerage facilities. Plans for such sewer
facilities shall be approved by the Village Engineer. Construction
related services and engineering fees shall be paid by the subdivider.
D.
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 Village Engineer to be available, extensions of the public sanitary sewer system shall be made so as to provide sewer service to each lot. Gravity sanitary sewers shall be extended to the land division and to each buildable lot in accordance with Village Comprehensive Sanitary Sewer Plans as determined by the Village Engineer. Sewerage service lines of the sizes and materials required by the Plumbing Inspector shall be installed from the sanitary sewers to the property line of every lot in the subdivision. This installation will be coordinated with the installation of sanitary sewers. The Village Board shall require the installation of sewer laterals to the street lot line for residential lots. The size, type and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and standard specifications approved by the Village Engineer. The latest revision of the "Standard Specifications for Sewer and Water Construction in Wisconsin" shall govern all work. All sanitary sewer and sanitary sewer lateral trenches within proposed streets shall be backfilled with granular material meeting the requirements of the "Standard Specifications" and/or Chapter 399, Streets and Sidewalks, of this Code, whichever is more restrictive. All sanitary sewer facilities shall be floodproofed.
E.
The ends of the services for each lot shall be accurately measured
and recorded with the Village Engineer and marked in the field with
appropriate staking.
A.
Provision of water service.
(1)
Public water service is currently not available in the Village of
Sullivan; service must be provided by private wells.
(2)
When public water supply and distribution facilities are available,
as determined by the Village Board, to the subdivision plat or land
division, the subdivider shall cause such water supply and distribution
facilities to be installed in such a manner as to make adequate water
service available to each lot within the subdivision. There shall
be provided a water supply system in conformity with the master plan
of the water system as approved by Village utilities. The subdivider
shall install and connect Village water to serve all lots subject
to specifications and inspection by Village utilities and the State
of Wisconsin. Such required improvements shall be dedicated to the
Village upon such terms and conditions as the Village Board may determine.
The subdivider shall pay all costs of connecting adequate Village
water, including bringing water mains from where they exist to the
land division in question, providing all water works within the land
division, and looping the water mains in all locations deemed important
and financially feasible by the Village Engineer. The subdivider shall
provide for a minimum water main diameter of eight inches and the
location of public fire hydrants along the public streets at not greater
than a 450-foot spacing for residential or commercial areas. Fire
hydrants which have not passed testing or have not been operationalized
shall be covered with securely attached bags to preclude their being
inadvertently used by the Fire Department in an emergency situation.
(3)
The subdivider shall be responsible for the installation, and cost
thereof, of public water supply facilities. Plans for such water facilities
shall be approved by the Village Engineer. Construction related services
and engineering fees shall be paid for by the subdivider.
(4)
Unless otherwise excepted by the Village Engineer, water mains shall
not be located within five feet of other underground utilities.
(5)
Where water mains larger than 10 inches in diameter are required
solely to serve areas outside the subdivision, the landowner shall
be responsible only for the costs of the water mains necessary to
serve the area within the subdivision. The difference in the costs
of the water mains necessary to serve the subdivision and the costs
of the water mains actually installed, as determined by the Village
Engineer, shall be borne by the developer, with the right of recoupment,
without inflation or interest adjustment in the recoupment amount.
Installation shall be required all the way across each lot.
(6)
The rules of the Village's utilities on file with the Wisconsin Public
Service Commission are hereby adopted by reference and made a part
hereof as though fully set forth herein.
B.
Construction; installation.
(1)
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 Village Engineer.
(2)
The Village Board shall require the installation of water laterals
to the street lot line.
(3)
The subdivider shall assume the cost of installing all water mains,
water laterals and water system appurtenances within the proposed
subdivision necessary to provide adequate flow and pressure, as determined
by the Village Engineer. Where water mains larger than necessary to
provide adequate flow and pressure are required to serve areas beyond
the proposed subdivision, the difference in costs, as determined by
the Village Engineer, shall be borne by the developer, with the right
of recoupment, without inflation or interest adjustment in the recoupment
amount.
Pursuant to § 478-45, the subdivider shall provide stormwater drainage facilities which include curbs and gutters, manholes, catch basins and inlets, storm sewers, storm sewer laterals from the main to the lot line, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, the type of facility required, the design criteria and the sizes and grades to be determined by the Village Engineer. Such required improvements shall be dedicated to the Village upon such terms and conditions as the Village Board may determine.
A.
Underground installation.
(1)
Insofar as possible, all utilities, including but not limited to
natural gas, telephone, cable television and electric service, 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 Village
Engineer at least one work day prior to the doing of the work and
obtain approval of the Village Engineer as to the nature and manner
of work to be done.
B.
Minimum service. 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 Village Board,
upon the recommendation of pertinent Village utilities or Plan Commission,
specifically allows overhead poles for the following reasons:
C.
Plans. Plans indicating the proposed location of all gas, electrical
power, cable television and telephone distribution and transmission
lines required to service the plat shall be provided by the appropriate
private utilities.
The Village Board shall require the subdivider to install street
lamps, where the Village Board deems such lights necessary, within
18 months of the Village's approval of the project along all streets
proposed to be dedicated of a design compatible with the neighborhood
and type of development proposed. Such lamps shall be placed at each
street intersection and at such interior block spacing as may be required
by the Village Engineer. Streetlight design and placement will be
determined by the Village Board.
A.
The subdivider shall pay the costs of providing the street signing
necessary to serve the development. Such signing shall include street
name signs, traffic control signs, and such temporary barricades and
"road closed" signs as may be required by the Village Engineer or
Director of Public Works until the street improvements have been accepted
by Village Board resolution.
B.
The Director of Public Works shall have the authority to impose any
restrictions to traffic on street improvements not yet accepted by
the Village as he may deem necessary to protect the improvements from
damage and to protect the safety of the public. Such restrictions
shall include, but not be limited by enumeration to, weight restrictions,
street closings, access restrictions, or the posting of temporary
traffic control measures.
The 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, in compliance with Village ordinances.
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, keep, and maintain 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.
Rear yard fences shall not be permitted on zero-lot line lots.
A.
Utility easements. The Village Board, on the recommendation of appropriate departments, utilities and agencies serving the Village, shall require utility easements for poles, wire, conduits, storm and sanitary sewers, gas, water and head mains or other utility lines. It is the intent of this chapter to protect all established easements so as to 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. All such utilities shall be installed underground, as required in § 478-32.
C.
Easement locations.
(1)
Utility easements shall be at least 15 feet wide, unless the utilities,
in writing, approve a narrower width, and may run across lots or alongside
of rear lot lines (along front lot lines for gas and electric service).
Such easements shall be located along rear lot lines, unless otherwise
placed by the Village Engineer if rear yard placement is not feasible.
Evidence shall be furnished the Village that easements and any easement
provisions to be incorporated in the plat or in deeds have been reviewed
by the individual utility companies or the organization responsible
for furnishing the services involved.
(2)
All easements dedicated on final plat or certified survey maps for
poles, cables or conduits for electricity, telephone or other private
utility lines shall be noted thereon as "utility easement". All easements
for storm and sanitary sewers, water and force mains, pedestrian walks
and other public purposes shall be noted thereon as "public easement
for" followed by reference to the use or uses for which they are intended.
(3)
Village staff shall approve, prior to construction, the placement
location of specific utilities using the easement.
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.
When any public improvements of adequate capacity are not available
at the boundary of a proposed land division, the Village, or its duly
authorized representative, shall require, as a prerequisite to approval
of a final plat or certified survey map, assurances that such improvement
extensions shall be provided as follows in accordance with the following
standards:
A.
Design capacity. All improvements within or entering or leaving the
proposed development shall be installed to satisfy the service requirements
for the entire service or drainage area in which the development is
located and the improvements shall be of sufficient capacity to handle
the expected development of the overall service area involved.
B.
Extra-sized and off-size improvements. Where improvements of adequate size needed to serve the development are not available at the boundary of the development, the subdivider shall proceed under one of the alternatives as identified in § 478-23.
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 Village Engineer's requirements. Equipment similar to existing
Village equipment shall be utilized whenever possible. The installation,
inspection, supervision and engineering fees for lift stations and/or
force mains shall be paid for by the subdivider unless otherwise determined
and agreed upon by the Village Board. Gravity sanitary sewer service
shall be employed whenever determined by the Village Engineer to be
feasibly accessible.
A.
Acceptance of improvements. The dedication of any improvements, utilities,
streets, parks, easements, rights-of-way or other lands or rights
to the Village or the public shall not be considered accepted by the
Village for public ownership until such time as the required public
improvements within the intended dedication or necessary because of
the intended dedication have been completed and accepted by the Village
Board by adoption of a resolution accepting such dedication. Improvements
shall be dedicated to the Village free and clear of any encumbrances.
The 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 Village Board by resolution.
In the event the Village must take measures to maintain, operate or
make safe a public improvement existing or required as a result of
the land division but which has not yet been accepted by the Village,
the costs of such measures shall hereby be determined to be Village-incurred
costs to be reimbursed to the Village by the 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
Village Engineer, in writing, that the work is complete and ready
for final inspection, shall file reproducible record drawings of the
completed improvements and shall file lien waivers or affidavits,
in a form acceptable to the Village Engineer and approved by the Village
Attorney, evidencing that there are no claims, actions or demands
for damages, based upon contract or tort arising out of or in any
way related to the project and that no moneys are owned to any surveyor,
mechanic, contractor, subcontractor, 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, curbs and gutters,
culverts and paving.
(d)
Other miscellaneous appurtenances to the above increments, such
as sidewalks, bikeways, streetlighting, street signing, etc.
(2)
The Village Clerk-Treasurer shall certify that there are no unpaid
taxes or unpaid special assessments on any of the lands included in
the area of acceptance and shall prepare a final billing for engineer,
inspection and legal fees and submit it to the subdivider for payment.
The Village Engineer shall conduct any necessary final inspections
of the improvements and forward a report to the Village Clerk-Treasurer
recommending either approval or disapproval. When the engineering,
inspection, taxes, special assessments and legal fees have been paid
and when the necessary lien waivers and affidavits have been filed,
the report of the Village Engineer, together with the recommendation
of the Village Clerk-Treasurer, shall be forwarded to the Village
Board for approval and acceptance of the improvements and dedications.
The subdivider shall be required to grade the full land division in accordance with the requirements of § 478-47.
