No construction or installation of improvements required pursuant to the provisions of Article XII of this chapter shall commence in a subdivision plat, certified survey map or condominium until all of the following have occurred:
No building, zoning, or sanitary permits shall be issued for erection of a structure on any lot not of record until all the requirements of this chapter have been met, including the construction of required streets and sidewalks.
The following plans and accompanying construction specifications, in conformance with the Village's "Standards and Specifications for Development,"[1] may be required by the Village before authorization of construction or installation of improvements:
A.
Street plans and profiles. Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements.
B.
Existing and proposed contours. Existing and proposed contours at vertical intervals of not more than one foot where the slope of the ground surface is less than 10% and of not more than five feet where the slope of the ground surface is 10% or more. Elevations shall be marked on such contours based on North American Vertical Datum of NAVD 88(12).
C.
Sanitary sewer plans and profiles. Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations, and materials of required facilities when located within an existing or proposed sanitary sewer service area.
D.
Storm sewer plans and profiles. Storm sewer plans and profiles showing the locations, grades, sizes, cross sections, elevations, and materials of required facilities. Also, a stormwater management plan shall be required as set forth in § 335-72 of this chapter.
E.
Water main plans and profiles. Water main plans and profiles showing the locations, sizes, elevations, and materials of required facilities when located within the existing or proposed sanitary sewer service area.
F.
Gas, electrical power, telephone, and cable television plans. Plans showing the location and size, where applicable, of all gas, electrical power, telephone, and cable television.
G.
Erosion and sedimentation control plans. Erosion and sedimentation control plans that generally follow the guidelines and standards set forth in the publications USDA Conservation Technical Guide, prepared by the United States Department of Agriculture, and the Wisconsin Construction Site Best Management Practices Handbook, prepared by the Wisconsin Department of Natural Resources, as amended, showing:
H.
Protection against erosion, siltation, sedimentation, and washing required. The subdivider shall cause all grading, excavations, open cuts, side slopes, and other land surface disturbances to be so mulched, seeded, sodded, or otherwise protected that erosion, siltation, sedimentation, and washing are prevented, in accordance with the plans and specifications, including the Village's "Standards and Specifications for Development," approved by the Village. In addition:
(1)
Sod shall be laid in strips at those intervals necessary to prevent erosion and at right angles to the direction of drainage.
(2)
Temporary vegetation and mulching shall be used to protect critical areas, and permanent vegetation shall be installed as soon as practical.
(3)
Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time.
(4)
Sediment basins shall be installed and maintained at all drainageways to trap, remove, and prevent sediment and debris from being washed outside the area being developed.
I.
Landscape and planting plans. Landscape and planting plans (See Article V.) showing the locations, age, caliper, and species of any required grasses, vines, shrubs, and trees.
J.
Record as-built plans. After completion of all public improvements and prior to final acceptance of said improvements, the subdivider or condominium developer shall provide or cause to be made three complete hardcopy sets and a complete pdf (portable document format) set of record as-built plans for each of the plans required as set forth in this section of this chapter and showing the actual location of all improvements made as required by the Village Engineer. 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 as-built plans shall be a condition of final acceptance of the improvements and release of the financial surety assuring their completion. These plans shall be submitted to the Village Engineer for permanent filing at the Village Hall.
K.
Additional plans. Additional special plans or information as required by Village officials.
[1]
Editor's Note: The Standards and Specifications for Development are on file in the Village offices.
The subdivider or condominium developer (as applicable) shall make every effort to protect and retain all existing trees, shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, including the preservation of trees by well islands or retaining walls whenever abutting grades are altered. Towards that end, the following minimum procedures shall be followed during construction:
A.
Methodology for tree preservation to be reviewed by Plan Commission. The subdivider's or condominium developer's proposed method for preserving trees shall be reviewed by the Plan Commission or its staff during the preliminary plat, certified survey map, or condominium approval phase of application to the Village. If, in the opinion of the Plan Commission, the subdivider or condominium developer has not taken the necessary precaution in preserving existing trees as required by this chapter, no agreement shall be issued until such time as the subdivider or developer, whichever is applicable, amends the plans for the preservation of such existing trees.
B.
Limitation on encroachment of grading and construction equipment. All grading and construction equipment shall be forbidden from encroaching within the tree's dripline.
C.
Material dumping prohibited within tree dripline. Materials detrimental to the tree shall not be dumped or placed within a tree's dripline or at any higher elevation than the base of the tree where drainage toward the tree could adversely affect the health of the tree. Said materials shall include, but not necessarily be limited to, excess soil, stone or rock, additional fill, equipment, liquids, or construction debris.
D.
Snow fence required. During grading and construction, a snow fence shall be installed at the periphery of the tree's dripline.
E.
Attachments to trees prohibited. No attachments or wires, other than those of a protective or nondamaging nature, shall be attached to any trees to be preserved during construction.
F.
Tree destruction and replacement. In the event that a tree designated on the approved preliminary plat, certified survey map, condominium or natural resources protection plan for preservation should be destroyed or razed during the construction process, the subdivider or condominium developer (as applicable) shall replace such tree, with a species approved by the Plan Commission and having a diameter of not less than the tree so destroyed or razed. No one replacement, however, shall exceed six inches in diameter, as measured at 12 inches above the ground level. However, several smaller-diameter trees having a combined diameter equal to the tree razed or destroyed shall be planted for trees larger than six inches at the ratios set forth in Table 5. Said replacement trees shall be placed in the approximate location of the tree or trees so destroyed. Said replacement trees shall not be counted toward any mitigation measures which may be required of the subdivider or condominium developer as specified elsewhere in this chapter.
Table 5 Tree Replacement Requirements | ||
|---|---|---|
Size of Tree Destroyed or Razed (diameter at breast height) | Replacement Tree Requirements | |
Number of Trees Required | Minimum Size of Each Tree Required (caliper) | |
8 to 10 inches | 1 | 3 inches |
10 to 16 inches | 2 | 3 inches |
16 to 24 inches | 3 | 3 inches |
24 to 30 inches | 4 | 3 inches |
30 to 36 inches | 5 | 3 inches |
36 inches or greater | 6 | 3 inches |
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, the Village Engineer shall notify the subdivider or condominium developer, who shall cause the modification of the plans or specifications, or both, accordingly. When the plans and specifications are corrected, the Village Engineer shall approve the plans and specifications.
A.
Authorization to start construction. Prior to starting the work covered by the approved plans and specifications, written authorization to start said work shall be obtained from the Village Engineer upon receipt of all necessary and required permits and in accordance with the construction methods prescribed by this chapter. Building permits shall not be issued until all improvements required by this chapter are satisfactorily completed.
B.
Inspection. The subdivider or condominium developer, prior to commencing any work within the subdivision, certified survey map, or condominium, shall make arrangements with the Village to provide for adequate inspection. The Village Engineer and/or other Village inspectors shall inspect or cause to be inspected and approve all completed work prior to approval of the final plat or release of the required financial sureties. During the course of construction, the Village Engineer shall make such inspections as deemed necessary to ensure compliance with the approved plans and specifications. The subdivider or condominium developer shall pay the costs incurred by the Village for such inspections.
C.
Completion of the construction of required improvements. The construction of all improvements required by this chapter shall be completed within two years from the date of the Village Board approval of the preliminary plat, certified survey map, or condominium.
A.
Form of financial sureties. Financial sureties furnished to the Village by subdividers to ensure performance of obligations and guarantees under the terms of this chapter shall only be in a form which the Village deems secure and may include certified checks, corporate bonds, irrevocable letters of credit in a form approved by the Village, or performance bonds.
(1)
Determination of financial surety amount. The amount of financial surety shall be 120% of the Village Engineer's estimated full amount of the obligation being ensured (including the costs of inspection) and shall not be for less a period than the work is scheduled to be completed; however, the Village shall allow reductions in the amount of the financial surety in proportion to the amounts of the obligations as they are fulfilled.
(2)
Disputes over the amount of financial sureties. In a dispute over the amount of a surety, the estimate prepared by the Village shall be given the greater weight.
B.
Criteria for determining subdivider's delinquency in meeting requirements. The Plan Commission shall give notice by registered mail to the subdivider and the subdivider's surety of such delinquency, said notice to specify the corrective measures required, if the subdivider:
(1)
Fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the completion of said work within the specified time;
(2)
Performs the work unsuitably, as determined by the Plan Commission;
(3)
Neglects or refuses to supply materials or to perform anew such work as shall be rejected as defective and unsuitable;
(4)
Discontinues the execution of the work; or
(5)
For any other cause whatsoever, does not carry on the work in an approved manner.
C.
Guaranty of improvements. The subdivider or condominium developer shall guarantee all improvements for a period of one year from the date of the acceptance of improvements by the Village. To assure such improvement guarantee, the subdivider or condominium developer shall provide an amount of financial surety (performance bond or letter of credit) not to exceed 15% of the construction value of said improvements.
D.
Plan Commission action. After said notice, the Plan Commission shall call upon the performance guarantee to have the work completed in accordance with the terms of the performance guarantee.