Village of New Glarus, WI Article VI Required Improvements

§ 265-21 General provisions.

A. General requirement.

(1) In accordance with the authority granted by § 236.13, Wis. Stats., the Village of New Glarus hereby requires that, as a condition of final plat or certified survey approval, the subdivider agree to make and install all public improvements within the Village limits required by this chapter and that the subdivider shall provide the Village with security to ensure that the subdivider will make the required improvements. In the case of a subdivision already platted and approved prior to the adoption of this chapter, the same regulations and restrictions shall apply to a developer who intends to improve the platted lots and that developer shall comply with the same regulations and rules prior to obtaining building permits for any planned 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 requires 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, or that a specific portion of the costs be paid in advance as provided in § 66.0709(2), Wis. Stats.

B. Options.

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

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

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 five years 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.

§ 265-22 Required agreement; surety.

A. Contract. The subdivider, before final approval of any plat or land division, shall be required to enter into a contract with the Village for land division improvements agreeing to install improvements as herein provided. In the case of a subdivision already platted and approved prior to the adoption of this chapter, the same regulations and restrictions shall apply to a developer who intends to improve the platted lots and that developer shall comply with the same regulations and rules prior to obtaining building permits for any planned improvements.

B. Financial guarantees.

[Amended 11-6-2007 by Ord. No. 07-10; 3-3-2020 by Ord. No. 20-02]

(1) The subdivider shall file with said contract, subject to the approval of the Village Attorney, a bond, a certificate of deposit, irrevocable letter of credit or certified check in an amount equal to 120% of the estimate of the cost per the procedure in § 236.13(2)(am)1d, Wis. Stats., as surety to guarantee that such improvements will be completed by the subdivider or his contractors not later than 18 months from the date of starting construction. If the subdivider's project will be constructed in phases, the amount of security is limited to the phase of the project that is currently being constructed.

(2) When a certificate of deposit or certified check is posted as security, the instrument must be negotiable by the Village. When a letter of credit is posted as security, the Village must be the beneficiary. When a performance bond is posted, the requirements of § 236.13(2)(am)1m, Wis. Stats., apply.

(3) If within one year after the date of final acceptance of any public improvement by the Village Board (or such different period of time as may be prescribed by laws or regulations or by the terms of any special guarantee required by the terms of said contract as may be necessary due to the phasing of the construction of public improvements), any work on any public improvement is found to be defective, the subdivider shall remove it and replace it with nondefective work in accordance with written instructions given by the Village Engineer. If the subdivider does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the 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.

(4) As work progresses on installation of improvements constructed as part of the contract, the Village Engineer, upon written request from the subdivider from time to time, is authorized to recommend, and the Village Clerk-Treasurer is authorized to approve a reduction in the amount of surety as hereinafter provided.

(a) When portions of construction (water, sanitary sewer, street, sidewalk, greenway or other improvements) are completed by the subdivider and determined acceptable by the Village Engineer, the Village Clerk-Treasurer is authorized, upon submission of lien waivers by the subdivider's contractors, to reduce the amount of surety. 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 one-year guarantee as specified in Subsection B(3) against defects in workmanship and materials on work accepted.

(b) Security shall be required for not more than 14 months after the date the public improvements for which the security is provided are substantially completed, as defined in § 236.13(2)(am)2, Wis. Stats., and upon such substantial completion, the amount of the security the subdivider is required to provide shall be reduced to be no more than an amount equal to the total cost to complete any uncompleted public improvements plus 10% of the total cost of the completed public improvements.

(5) 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.

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

(7) The subdivider shall agree in the development agreement 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 curb and gutter, local storm sewer, sidewalks and a bituminous pavement).

C. [1]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 the 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 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 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 subdivider at his cost.

[1] Editor's Note: Former Subsection C, Improvement guarantee, was repealed 3-3-2020 by Ord. No. 20-02. Ordinance No. 20-02 also redesignated former Subsection D as Subsection C.

§ 265-23 Required construction plans; review; inspections.

A. Engineering reports, construction plans and specifications. At the final plat stage, construction plans 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. Such plans, together with the quantities of construction items, shall be submitted to the Village Engineer for his approval and for his estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required. In the case of a subdivision already platted and approved prior to the adoption of this chapter, the same regulations and restrictions shall apply to a developer who intends to improve the platted lots, and that developer shall comply with the same regulations and rules prior to obtaining building permits for any planned improvements. Simultaneously with the filing of the final plat 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 135, Construction Site Erosion Control, if applicable.

(6) Additional special plans or information as required by Village officials.

B. Action by the Village Engineer. The Village Engineer shall review or cause to be reviewed the plans and specifications for conformance with the requirements of this chapter and other pertinent Village ordinances and design standards recommended by the Village Engineer and approved by the Village Board. If the Village Engineer rejects the plans and specifications, he shall notify the owner, who shall modify the plans or specifications, or both, accordingly. When the plans and specifications are corrected, the Village Engineer shall approve the plans and specifications for transmittal to the Village Board. The Village Board shall approve the plans and specifications before the improvements are installed and construction commenced.

C. Construction and inspection.

(1) Prior to starting any of the work covered by the plans approved above, written authorization to start the work shall be obtained from the Village Engineer upon receipt of all necessary permits and in accordance with the construction methods of this chapter. Occupancy permits shall not be issued until all improvements required by this chapter 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 ensure compliance with the plans and specifications as approved. The owner shall pay the actual cost incurred by the Village for such inspections. This fee shall be the actual cost to the Village of inspectors, engineers and other parties necessary to ensure satisfactory work.

D. Subdivider to reimburse the Village for costs sustained. The subdivider of land divisions within the Village shall reimburse the Village 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 Village's costs shall be determined as follows:

(1) The cost of Village 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 Village Clerk-Treasurer to represent the Village's cost for expenses, benefits, insurance, sick leave, holidays, vacation and similar benefits.

(2) The cost of Village equipment employed.

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

(4) The actual costs of Village 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 Village shall bill the subdivider monthly for expenses incurred by the Village. 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 Village 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 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 or paper 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 265-24 Street improvements.

The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 265-39 and 265-40:

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. Conformance to Official Map. The arrangement, width, grade and location of all streets shall conform to the Official Map.

D. 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.

E. 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.

§ 265-25 Curb and gutter; drainage facilities.

A. After the installation of all utility and stormwater drainage improvements, the subdivider shall be required to construct concrete curbs and gutters. The subdivider shall install concrete curb and gutter along both sides of all streets and boulevards shown on the plat. The cost of the curb and gutter required inspection, supervision and engineering fees shall be paid for by the subdivider. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts. The cost of installation of all inside curbs and gutters for dual roadway pavements shall be borne by the Village.

B. Suitable concrete curb and gutter shall be constructed along the outside edge of all street pavements. Curb and gutter in residential areas shall have a six-inch barrier curb with a twenty-four-inch flag, except at driveway aprons where depressed curb shall be constructed. Depressed curb ramps shall be constructed at all handicap ramps for sidewalks and at all bikeways. Said curbs and gutters shall be constructed of concrete, 3,500 psi strength at 14 days, and contain two continuous one-half-inch-diameter reinforcing rods in the gutter flag at locations crossing underground utility excavations or where otherwise directed by the Village Engineer. Expansion joints 3/4 inch thick shall be placed in the curb at each starting and ending of a radius and at intervals not exceeding 250 feet and where otherwise directed by the Village 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 10 feet and on each side of any structures located in the concrete (i.e., inlets).

§ 265-26 Sidewalks and street trees.

A. Sidewalks required. The construction of sidewalks shall be in accordance with plans and standard specifications approved by the Village Engineer and in compliance with Chapter 262, § 262-2 of this 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 section if such walks are necessary, in the Village Board's opinion, for safe and adequate pedestrian circulation. The Village shall pay the cost of the oversizing difference.

C. Location.

(1) The subdivider shall be required to provide sidewalks to Village specifications as follows: sidewalks 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 in its normal location would be prohibitive, sidewalks may be located elsewhere within the street right-of-way, or within an easement, with the approval of the Village Engineer. Sidewalks constructed at street intersections or within five feet of a legal crosswalk shall include provisions for curb ramping as required by § 66.0911, Wis. Stats., and in accordance with Village standards. In all cases where the grades or sidewalks have not been specifically fixed by ordinance, the sidewalks shall be laid to the established grade of the street [reference § 66.0907(2), Wis. Stats.]. In areas where sidewalks are to be laid to the established grade of the street, the street edge of the sidewalk pavement shall be at an elevation above the top of the curb determined by a slope of 1/2 inch per foot times the distance between the curb and the street sidewalk edge. The sidewalk 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.

(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. Construction standards. Sidewalks shall be constructed according to the standards in Chapter 262, § 262-2.

E. Street trees. In subdivisions platted after the adoption of this provision, the Village shall require the planting of trees in the public street rights-of-way in accordance with § 305-135C of the Village of New Glarus Municipal Code. The subdivider shall prepare a street tree planting plan for all rights-of-way within the subdivision and submit the street tree plan concurrently with the final plat or certified survey map. The street tree plan, including timing of installation, shall be referenced in the developer’s agreement. Street trees shall be installed concurrently with sidewalks, unless otherwise specified in the developer’s agreement.

[Added 3-6-2007 by Ord. No. 07-02]

§ 265-27 Sanitary sewerage system.

A. There shall be provided a sanitary sewerage system to all lots, approved by the Village Engineer. The subdivider shall install adequate sanitary sewer facilities and connect them to Village sewer mains subject to specifications and inspection by the Village Engineer. All sanitary sewers shall be in accordance with Chapter 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, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the Village. Where sewers larger than eight inches in diameter are required, the land divider shall be responsible for the cost of an eight-inch sewer. The difference in cost between the eight-inch sewer and that installed shall be borne by the Village.

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 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 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. All sanitary sewer facilities shall be floodproofed.

D. 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.

E. The dead ends of the sewer main installations shall be to the property line of the subdivision or connect to the nearest manhole as determined by the Committee on Public Works and Safety.

§ 265-28 Water supply facilities.

A. General requirements.

(1) 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 the Municipal Light and Water Utility and the State of Wisconsin. The subdivider shall pay all costs of installing and connecting adequate Village 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 and the location of public fire hydrants along the public streets at not greater than a six-hundred-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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The land divider shall have prepared plan and profile drawings and specifications for the installation of water main facilities in accordance with the Village 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 Village Engineer and by Village 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 the same, including inspection, supervision and engineering fees, shall be paid for by the subdivider.

(3) Where water mains larger than eight inches in diameter are required, the subdivider shall be responsible for the cost of an eight-inch main. The difference in cost between the eight-inch main and that installed shall be borne by the Village or its utilities.

(4) The rules of the Village's utilities on file with the Wisconsin Public Service Commission are hereby adopted by reference and made a part hereof as though fully set forth herein.

B. 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.

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 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 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. All sanitary sewer facilities shall be floodproofed.

D. Water booster station.

(1) Where deemed necessary by the Village Engineer, the subdivider shall install, at the subdivider's expense, a new water booster station(s), appurtenances and access water mains at a location(s) approved by the Village Engineer. The Village Board, upon the recommendation of the Village Engineer, may require construction of the water booster station upon the completion of an authorized phase of the project.

(2) Easements for water mains within and outside the plat and the site for the new booster station shall be obtained and dedicated to the Village by the subdivider. Easements for water mains shall have a minimum width of 12 feet, provided any such easements located in the rights-of-way of planned future streets shall be 66 feet wide. The booster station shall be provided with reasonable access during construction and until permanent improvements are made to the streets abutting the site.

(3) Village officials shall review and determine the actual costs of the water mains located outside of the plat and of the booster station, including engineering, legal and construction costs, and shall apportion such costs between the plat and lands outside the plat in accordance with benefits derived. The Village shall then reimburse the subdivider its fair share of booster station costs which the Village may thereafter recover from the owners of benefiting lands. As lands outside the plat are connected to the water main improvements, the Village shall recover the apportioned costs of such improvements prior to allowing connection or water service. Amounts collected for water main connection shall be refunded to the subdivider in accordance with Village connection charge policies. The period of water connection charges and/or refunds shall not extend beyond 20 years from the date of completion of the improvements.

E. The dead ends of the water main installations shall be to the property line of the subdivision or as directed by the Municipal Light and Water Utility.

F. Lead and galvanized water service line replacement.

[Added 6-21-2022 by Ord. No. 22-01]

(1) Intent; purpose. The Village Board of the Village of New Glarus finds that it is in the public interest to establish a comprehensive program for the removal and replacement of lead and galvanized pipe water service lines in use in the Village and, to that end, declares the purposes of this section to be as follows:

(a) To ensure that the water quality at every tap of utility customer(s) meets the water quality standards specified under the federal law; and

(b) To reduce the lead in Village drinking water to meet the Environmental Protection Agency (EPA) standards and ideally to a lead contaminant level of zero in Village drinking water for the health of Village residents; and

(c) To eliminate the constriction of water flow caused by mineral rich groundwater flowing through lead and galvanized water service pipes and the consequent buildup of mineral deposits inside lead and galvanized pipes; and

(d) To meet the Wisconsin Department of Natural Resource (WDNR) requirements for local compliance with the Lead and Copper Rule (see 56 CFR 6460, 40 CFR parts 141.80 through 141.90 and Wis. Admin. Code §§ NR 809.541 through 809.55).

(2) Water system reconstruction.

(a) Inspection required. The Public Works Director or their designee shall provide for the inspection of all private connections to public water mains scheduled for replacement as part of a public construction project. Property owners shall be given the option to allow the Village's designated inspector to conduct the inspection at no cost to the owner, or to pay to have the owner's own licensed plumber conduct the inspection and provide a certification to the Village regarding whether the service lateral does or does not contain lead or galvanized.

[1] If the private water lateral does not contain lead or galvanized piping, the Village shall reconnect to the water system.

[2] If the private water lateral is found to contain lead or galvanized piping, the Public Works Director or their designee shall notify the owner, in writing, of that fact, and of the owner's options for replacing the water lateral pursuant to this section.

[3] Any existing water service lateral found to contain lead or galvanized piping and which is not replaced pursuant to this section shall be deemed an unlawful water service lateral.

(b) Owner to replace lead and galvanized service. The owner shall, at the owner's expense, replace the lead or galvanized water service lateral from downstream of the water curb stop valve to the Village water meter serving the building at the owner's expense and with suitable material. The owner may elect to replace the lateral in either of the two following ways:

[1] The owner may contract with a licensed plumber to replace the lead or galvanized water service lateral and provide written certification acceptable to the Village Public Works Director that the lead or galvanized water service lateral has been replaced. The certification shall include the route, depth, and materials of the new water service lateral. The lead or galvanized service lateral shall be replaced, and certification shall be given within such time as may be approved by the Public Works Director.

[2] The owner may request that the Village arrange for its contractor to replace the lead or galvanized water service lateral. If the owner elects to have the Village's contractor replace the lateral, the Village will direct the contractor to do the work. The owner will be required to execute an agreement with the Village. The agreement must include the owner's request and authorization to do the work, including authorizing entry onto the owner's property for the purpose of doing the work. The agreement must require the owner to reimburse the Village for the actual cost of the work. The owner may elect to pay the entire amount upon completion of the work, or the owner may request to be billed in five annual payments, with interest at a rate to be determined by the Village. The agreement shall require the owner to waive notice and hearing of and consent to the levy of a special assessment against the property in the amount of the reimbursement amount. The agreement shall contain such additional terms as the Public Works Director deems necessary or appropriate.

(3) Authority to discontinue service. As an alternative to any other methods provided for obtaining compliance with the requirements of this code regarding replacement of illegal private water laterals, the Village may, no sooner than 30 days after the giving of notice, discontinue water service to any property served by an unlawful private water lateral.

(4) Financial assistance. The Village may provide financial assistance to the owner of the property to which water utility service is provided for the purpose of assisting the owner in replacing customer-side water service lines containing lead or galvanized. The financial assistance must satisfy all the following conditions:

(a) Grant funding shall be provided by the DNR to the Village for replacing the lead or galvanized service; and

(b) The amount of financial assistance must be the same for each owner in a customer class, be it a fixed amount or a percentage of the replacement cost; and

(c) The financial assistance program must be approved by the Public Service Commission of Wisconsin.

§ 265-29 Stormwater drainage facilities.

Pursuant to § 265-43, 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 accommodate hydraulically 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. Storm sewer laterals of the sizes and materials required by the Director of Public Works or Village Engineer shall be installed from the mains to the lot line of every lot in the subdivision when storm sewer mains shall be required by this section. Storm drainage facilities shall be so designed as to present no hazard to life or property, minimize shoreland erosion and siltation of surface waters, shall prevent excess runoff on adjacent property and shall provide positive drainage away from on-site sewage disposal facilities. The size, type and installation of all stormwater drain and sewers proposed to be constructed shall be in accordance with this chapter and plans and standard specifications approved by the Village 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 Village Engineer.

§ 265-30 Other utilities.

A. Underground installations; notice of maintenance or repair.

(1) All utilities, including but not limited to natural gas, telephone, cable television, electric, and water, shall be installed underground with an affidavit by the subdivider that the maintenance of said public improvements will be guaranteed by the subdivider due to construction traffic.

(2) Prior to any maintenance, repair or replacement being performed by the developer during the bond period, it shall notify the Village Engineer at least one workday prior to the doing of the work and obtain approval of the Village Engineer as to the nature and manner of work to be done.

B. The 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:

(1) Topography, soil, water table, solid rock, boulders, or other physical conditions would make underground installation unreasonable or impractical; or

(2) The lots to be served by said facilities can be served directly from existing overhead facilities.

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

§ 265-31 Streetlamps.

The subdivider shall provide necessary easements to the Village and shall be responsible for the cost of installation of streetlamps along all streets proposed to be dedicated. Such lamps shall be placed at each street intersection and at such interior block spacing as may be required by the Village Engineer.

§ 265-32 Street signs.

A. The subdivider shall arrange with the Village 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 Village Engineer or Director of Public Works until the street improvements have been accepted by Village Board resolution.

B. The Director of Public Works and/or Chief of Police 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.

§ 265-33 Construction site erosion control.

[Amended 7-1-2003 by Ord. No. 03-04]

See Chapter 135, Construction Site Erosion Control.

§ 265-34 Partition fences.

[Amended 3-6-2007 by Ord. No. 07-02]

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 Wisconsin Statutes and § 305-117D(2) of the Extraterritorial Zoning Ordinance[1] for a legal and sufficient fence between such land and 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. In the event the subdivider, grantees, heirs, successors, or assigns fail to install or maintain a partition fence as required above, the Village shall effect the required installation or repair of the fence and impose a fine or special assessment on subject properties in an amount sufficient to recover the cost of the installation and/or repair in accordance with Wisconsin Statutes § 66.60(16).

[1] Editor's Note: See Ch. 305, Zoning, Art. XVI.

§ 265-35 Easements.

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.

B. Drainage easements. Drainage easements shall comply with the requirements of § 265-43.

C. Easement locations.

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

(2) All easements dedicated on the final plat or certified survey maps for 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.

§ 265-36 Extra-sized and off-site facilities.

When any public improvements of adequate capacity are not available at the boundary of a proposed land division, the 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 § 265-21B.

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.

§ 265-37 Acceptance of improvements and dedications.

A. Acceptance of improvements. The dedication of any improvements, utilities, streets, parks, easements, rights-of-way or other lands or rights to the Village or the public shall not be considered accepted by the Village for public ownership until such time as the required public improvements have been completed and accepted by the Village Board by adoption of a resolution accepting such dedication, or arrangements have been made pursuant to this chapter for the filing of financial securities with the Village in an amount sufficient to provide for proper completion of required improvements. 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 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:

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

(b) Water mains and services.

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

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

(2) The 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 engineering, 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.

§ 265-38 Site grading.

The subdivider shall be required to grade the full land division in accordance with the requirements of § 265-45.