Village of Waterford, WI
Racine County
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Table of Contents
Table of Contents

§ 235-19 Improvements to be condition of final approval.

[Amended 3-22-2004 by Ord. No. 445; 4-23-2007 by Ord. No. 511; 1-10-2011 by Ord. No. 561; 3-13-2017 by Ord. No. 650]
A. 
Required. No final plat, certified survey map or extended CSM for the division of land within the Village shall be submitted to the Village Board for approval, and no such land division shall be approved by the Village Board, until the owner, owner's agent or subdivider either completes the improvements required by this article at his or her own expense and in the manner required herein and pays for Village inspection thereof and costs related thereto or enters into an agreement with the Village that he or she will do so, as provided in Subsection D. No final plat, certified survey map or extended CSM for the division of land within the extraterritorial plat approval jurisdiction of the Village shall be submitted to the Village Board for approval, and no such land division shall be approved by the Village Board, until the owner, owner's agent or subdivider either completes the improvements required by this article at his or her own expense and in the manner required herein and pays for Village inspection thereof and costs related thereto, or enters into an agreement with the Village that he or she will do so, as provided in Subsection D, or provides evidence that improvements required by the applicable authority will be completed.
B. 
Public improvements. The following shall be required and are to be constructed according to Village specifications and under Village inspection, including, but not limited to:
(1) 
Streets: grading and improvement of all streets, highways, thoroughfares and other ways in the subdivision, and, if required to serve the subdivision, outside of the subdivision.
(2) 
Sewers: installation and construction of all sanitary and storm sewers, together with laterals and lift stations for sewage, complete with a necessary force main of adequate size to a point designated by the Village in the existing gravity sewers and all necessary stormwater management or treatment facilities. Locating wires shall be installed on all nonconductive mains and laterals as set forth in § 191-3E(2).
(3) 
Water mains and laterals. Locating wires shall be installed on all nonconductive mains and laterals as set forth in § 191-3E(2).
(4) 
Sidewalks.
(5) 
Driveways and driveway aprons.
(6) 
Curbs and gutters.
(7) 
Streetlighting and other utilities. See § 235-23.1.
C. 
Certification by Village Engineer required. No final plat, certified survey map or extended CSM shall be approved without conclusions by the Village Engineer as to whether the final plat, CSM or extended CSM conforms substantially to the preliminary plat (if applicable) and with his or her recommendations on approval of the final plat, CSM or extended CSM. The conclusions and recommendation shall be made a part of the record of the proceeding at which the final plat, CSM or extended CSM is being considered and are not required to be submitted in writing. The Village Engineer shall also certify that the improvements described in the subdivider's plans and specifications, together with the agreements, where applicable under Subsection D, meet the minimum requirements of this chapter and all other applicable ordinances of the Village as set forth in § 235-13D(3).
D. 
Agreement required.
(1) 
When land is divided for a subdivision, CSM or extended CSM as defined in § 235-5, and any portion of the land lies within the Village, the final plat, certified survey map or extended CSM to be placed on record shall be accompanied by a developer's agreement, executed by the owner, subdivider and the Village President upon approval by the Village Board, and approved by the Village Attorney, setting forth the plans and specifications for improvements required by or under the authority of this chapter, this Municipal Code, or state statutes or regulations. The land division may be constructed in such phases as the Village approves, which approval shall not be unreasonably withheld, and the phasing plan, together with the terms under which the security for each phase will be provided, shall be included in the agreement. If land is divided by certified survey map or extended CSM for sale purposes only, and no development is anticipated within five years from the date of the division, a developer's agreement is not required at the time of the division; however, the resolution approving said division shall specifically state that a developer's agreement shall be required at the time of development and the certified survey map or extended CSM shall contain said language on its face or by recorded deed restriction. If improved land is divided and no further improvements are required, no such agreement shall be required.
(2) 
The agreement required in Subsection D(1) shall contain an agreement by the owner and/or subdivider that it will construct or install at its own expense all of the improvements required within the time limits prescribed in this chapter, Municipal Code or state statutes or regulations, and in accordance with the plans and specifications accompanying the final plat, certified survey map or extended CSM; such improvements shall be inspected during installation and construction by an inspector appointed by the Village Board or Village Engineer; and that, after completion of construction, a final inspection shall be made by the Village Engineer prior to final approval and acceptance by the Village Board by resolution, salaries and other costs in connection with such inspections be paid by the owner or subdivider, such costs to be based on the reasonable and customary charges for such service.
(3) 
The agreement required in Subsection D(1) shall contain an agreement by the owner and/or subdivider that it will pay all costs incurred by the Village related to the approval of the subdivision, including, but not limited to, the costs of public notices required by law or ordinance, the administrative, legal and engineering costs related to review and approval of plans, plats, certified survey maps or municipal plats, the drafting and/or review of all legal documents, including developer's agreements, ordinances and resolutions, all legal and engineering work related to the enforcement of the agreement, the completion of the development and acceptance of the public improvements by the Village, and any other Village costs reasonably related to said subdivision.
(4) 
Financial guarantees.
(a) 
Security. If the Village Board approves the action of the Village Plan Commission in approving the final plat, certified survey map or extended CSM, it shall withhold its final approval until the improvements required by this Code have been completed or an agreement executed by the owner or subdivider as provided in Subsection D(2) and (3) above shall be given. No construction shall be allowed until security is provided to the Village by the owner or subdivider to ensure that the actual construction, installation and completion of all of the improvements required will be done in a reasonable time. Such security shall be in the amount of the estimated costs as determined by the Village Engineer and the Village Plan Commission of the reasonably necessary public improvements required, inclusive of a twenty-percent contingency, and shall be executed by the subdivider, owner or agent and shall be approved by the Village Attorney.
(b) 
The required security shall be provided in conformance with Wis. Stats. § 236.13(2).
[1] 
If the project will be constructed in phases, the amount of the security shall be limited to the phase of the project that is currently being constructed and is not required to be provided sooner than reasonably necessary before the commencement of the improvements.
[2] 
The security shall be conditioned upon the faithful performance of the work required to be done by the owner or subdivider and shall be subject to the condition that after one main or principal building, dwelling or residence has been constructed or erected on 60% of all the lots fronting a street in any block in a subdivision, the subdivider or owner shall cause all lots in such block to be improved as required by this article within two years thereafter, provided that sanitary sewer and water facilities, together with all the mains and laterals connected therewith, and stormwater facilities shall be completely constructed and installed in each phase before any principal building, dwelling or residence is completed or occupied.
[3] 
Alternative form of security. As an alternative to the surety bond or letter of credit required by Wis. Stats. § 236.13(2), the Village may allow the subdivider, owner or agent to deposit cash or a certified check with the Village, such deposit or trust agreement to provide that the security will be terminated only on certificate by the Village Board that the work has been completed, approved and accepted, and all guarantee periods have expired, and provided, further, that reductions in the security may be allowed upon approval by the Village Engineer and Village Attorney as improvements are installed and approved by the Engineer.
[4] 
Guarantee period. The security required herein shall remain in place until 14 months after the date that the public improvements for which the security is provided are substantially completed, and upon substantial completion, the security will be reduced to an amount equal to the total cost to complete any public improvement plus 10% of the total cost of the completed public improvements, in conformance with the requirements of Wis. Stats. § 236.13(2).
[5] 
Village may do work. Any security shall be conditioned that should the subdivider, owner or agent fail to complete the work within the time limit specified, the Village may cause all uncompleted work to be done, and the parties executing the security shall be firmly bound for the payment of all necessary costs therefor. In the event that the security is not sufficient to complete the work, the Village will specially assess the property for the work.
(c) 
Cash deposit. The Village Board shall withhold its final approval until the owner or subdivider deposits with the Village, in cash or by certified check, a sum equal to the costs incurred and anticipated as set forth in Subsection D(3). The Village shall deposit said sum pursuant to policies established from time to time by the Village of Waterford and shall provide itemized statements of withdrawal to the owner or subdivider at the time of withdrawal.
E. 
Deferred assessments. The Village Board, pursuant to Wis. Stats. Chs. 61, 62 and 66, shall determine the benefits to be derived from any public works installation made after the passage of this section as the same may accrue to any undeveloped tract or parcel of land located within the plat approval jurisdiction of the Village. The owner of such tract or parcel shall be accorded the same legal and statutory privileges as are the owner of land immediately affected by such installation. Any assessment accordingly made by the Village Board against such tract or parcel of land may be made payable on a deferred basis, and if so, the payment shall be made to the Village at the time such tract or parcel or any part thereof is connected or otherwise put to use.

§ 235-20 Street improvements.

A. 
Installation to permanent line and grade required. Upon approval of the lines and grades of the proposed streets by the Village Engineer and the Village Plan Commission, all street improvements shall be installed to a permanent line and grade.
B. 
Minimum improvements. The minimum street improvements required shall be the removal and excavation of all sod and vegetable matter from all thoroughfares, streets, highways and other ways from curbline to curbline and the full extent thereof to a depth sufficient to permit the same to be brought to an approved established grade by means of a minimum of eight inches of gravel after compaction, top-graded to provide for adequate and approved drainage facilities necessary for the proper use and safety thereof.
C. 
Additional improvements. When public streets other than state and county highways are improved by the subdivider, owner or agent with pavements bounded by integral concrete curbs and gutters, such streets shall conform to all applicable ordinances of the Village relating to pavements and street surfacing and shall have not less than the following minimum dimensions. When private streets are approved by the Plan Commission, they shall conform to the requirements set forth in the developer's agreement.
[Amended 1-23-2006 by Ord. No. 489]
Type of Street
Dedicated Width
(feet)
Pavement Width
Major
CTP*
CTP*
Minor
66
40 feet back to back of curbs
Cul-de-sac
66
40 feet back to back of curbs
Notes:
* Conform to Thoroughfare Plan
D. 
Exemption from minimum improvement and additional improvement requirements. In addition to the designated street types as hereinabove set forth, there shall also be a designated street type known as "rural access road," which shall be defined as a street, other than a state or county highway, which leads into the Village from areas which have primarily rural and agricultural characteristics, which characteristics are present in the contiguous areas to the roadway within the Village of Waterford. In each instance where such designation is determined with respect to any part of a road or street within the Village of Waterford, the minimum and additional improvements as hereinabove set forth shall be applied to the roadway within the discretion of the Village of Waterford Plan Commission. The Plan Commission may waive the requirement, defer the requirement, or apply the requirements in part or whole as determined necessary for the improvement for the street in question.[1]
[1]
Editor's Note: Former Subsection (b), applying the rural access road designation to a portion of North Milwaukee Street, added 4-11-1994 by Ord. No. 300, which immediately followed this subsection, was repealed 3-22-2004 by Ord. No. 445.

§ 235-21 Sidewalk improvements.

[Amended 8-9-1999 by Ord. No. 383]
A. 
In all land divisions, the Village Board shall require the subdivider to construct four-foot-wide concrete sidewalks on both sides of all minor, major and private streets. Where, in the opinion of the Plan Commission and Village Board, the land division would be better served by an alternative form of pedestrian access, the Village Board may grant an exception to the sidewalk requirements; however, if such exception is granted, the owner shall nevertheless grade the entire width of the right-of-way as though sidewalks are being installed, so that sidewalks may be installed at a later date. The construction of all sidewalks or alternative pedestrian access shall be in accordance with plans and standard specifications approved by the Village Engineer and shall be installed to a permanent line and grade.
[Amended 1-23-2006 by Ord. No. 489]
B. 
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 code if such walks are necessary, in its opinion, for safe and adequate pedestrian circulation.

§ 235-22 Sewer improvements.

A. 
Sanitary sewers shall be installed to serve all properties in the subdivision.
B. 
Storm sewers shall be constructed throughout the entire subdivision to carry off water from all inlets and catch basins and shall be connected to an adequate outfall. The stormwater drainage system shall be separate and independent of the sanitary sewer system.

§ 235-23 Street trees.

[Added 9-22-2003 by Ord. No. 438]
The subdivider shall install at least one street tree for every residential lot or for every 50 lineal feet, or fraction thereof, whichever is greater. Trees shall be located within the tree lawn area wherever possible, midway between the sidewalk and curb. Street trees shall be of a species acceptable to the Village and shall be at least two inches in diameter (caliper) upon planting.

§ 235-23.1 Other utilities.

[Added 4-23-2007 by Ord. No. 511]
A. 
As a condition of approval of a subdivision, the owner and/or subdivider shall be responsible for the installation of such other utilities, such as gas, electric, cable and telephone, as may be set forth in the developer’s agreement. All facilities of such utilities, including all equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, including but not limited to wires, pipes, cables, cabinets, boxes, underground conduits, ducts, manholes, vaults, fiber optic cables, lines, and other structures and appurtenances, shall be installed underground within the boundaries of the development. If the utility charges an additional amount for installation underground, the subdivider will be responsible for payment of the additional amount.
B. 
The detailed plans for the placement of the facilities of the utility shall be submitted to the Village prior to installation, including the location of the underground facilities, and the exact placement of the aboveground appurtenances, including structures, cabinets and boxes.
(1) 
The Village Engineer or the Director of Public Works shall review the plans and may require alternative placement of aboveground structures, cabinets or boxes as part of the approval process if the Engineer or Director determines that the planned placement interferes with public safety, health or welfare. The Director or Engineer may also reasonably require screening of said structures, cabinets or boxes if it determines that the public welfare is harmed by the potential diminution of property values in the area because of the appearance of said structures, cabinets or boxes. No aboveground facility, structure, cabinet or box may interfere with the use of the adjacent property.
(2) 
All underground facilities shall be precisely indicated on the plans submitted pursuant to this subsection. The Village Engineer or Director of Public Works may require alternative placement of said facilities as part of the approval process if the Engineer or Director determines that said facilities interfere with the public safety, health or welfare. No underground facility may interfere with the use of the adjacent property or its connection with required utilities.