This chapter shall apply to all lands within
the corporate limits of the Village established by § 236.10
of the Wisconsin Statutes.
[Amended 5-7-2007 by Ord. No. 07-20]
This chapter shall apply to all land divisions
and to all developments not involving a land division in the Village
wherein the installation of public improvements (or private improvements
in lieu of public improvements) and/or dedication of any land or interest
in land is required, including, without limitation, developments in
those areas wherein lots of record existed prior to the adoption of
this chapter.
A.
Mandatory requirements. Except as is expressly provided in this chapter, no preliminary or final plat, no certified survey map and no development plan shall be approved by the Village Board (or, with respect to any site and operational plan to be approved under § 420-56 of the Village Code, by the Village Plan Commission or the Village Zoning Administrator, or residential development plan to be approved under § 420-57.6 of the Village Code) after the effective date of this chapter unless and until there is full compliance with all of the provisions of this chapter and each of the following:
[Amended 5-7-2007 by Ord. No. 07-20; 8-3-2020 by Ord. No. 20-22]
(1)
Chapter 236, Wis. Stats., rules of the Wisconsin Department
of Administration, and all other applicable state and federal statutes;
(2)
Rules of the Wisconsin Department of Safety and Professional
Services relating to lot size and lot elevation necessary for proper
sanitary conditions, if the land to be divided is not served by a
public sewer and provisions for such service have not been made, and
relating to the extension of private sewers;
(3)
Rules of the Wisconsin Department of Transportation
relating to provisions for the safety of entrance upon and departure
from abutting state trunk highways or connecting streets, for planned
highway expansion and for the preservation of the public interest
and investment in the highway system, if the land owned or controlled
by the divider or developer abuts on a state trunk highway or connecting
street;
(4)
Rules of the Wisconsin Department of Natural Resources
relating to the prevention and abatement of pollution, relating to
development activities within floodplain, wetland and shoreland areas
and within navigable waters, and relating to the extension of municipal
sanitary sewer and water;
(5)
Rules of the United States Army Corps of Engineers
relating to wetlands;
(6)
Rules of the United States Environmental Protection
Agency relating to the prevention and abatement of pollution and to
wetlands;
(7)
Rules of the Federal Emergency Management Agency related
to floodplain;
(9)
Chapter 420, Zoning Ordinance, of the Village Code and all other applicable Village and county ordinances;
(10)
Applicable intergovernmental cooperative agreements;
(11)
Rules of Kenosha County relating to provisions
for the safety of entrances upon and departure from abutting county
trunk highways or connecting streets, for planned highway expansion
and for the preservation of the public interest and investment in
the highway system, if land owned or controlled by the divider or
developer abuts on a county trunk highway;
(12)
Rules of Pleasant Prairie relating to provisions for the safety of
entrances upon and departure from abutting Village or connecting streets,
for planned street expansion and for the preservation of the public
interest and investment in the street system, if land owned or controlled
by the divider or developer abuts on a Village street;
B.
Discretionary requirements. The Village Board may condition the approval of or deny any preliminary or final plat, certified survey map, or development plan based upon an administrative determination made pursuant to Chapter 420, Zoning Ordinance, § 420-131, FPO Floodplain Overlay District, or upon compliance with any component of the Village's Comprehensive Plan.
A.
Specific types of transactions. With respect to land
divisions resulting in fewer than five lots or parcels, the provisions
of this chapter shall not apply to the following:
(1)
Transfers of interests in land by will or pursuant
to court order;
(2)
Leases for a term not to exceed 10 years, mortgages
or easements;
(3)
Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this chapter, Chapter 420, Zoning Ordinance, of the Village Code or other applicable laws, ordinances or regulations;
(4)
Cemetery plats made under § 157.07, Wis.
Stats.; or
(5)
Assessor's plats made under § 70.27, Wis.
Stats., but such assessor's plats shall comply with §§ 236.15(1)(ag)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
[Amended 8-3-2020 by Ord. No. 20-22]
B.
Certain condominiums. The provisions of this chapter
shall not apply to conversion condominiums or to condominiums involving
only a single principal building per lot or parcel.
C.
Miscellaneous discretionary exemptions. In unusual
circumstances, where a particular proposed land division, condominium
plat, development or replat is technically subject to this chapter
but poses none of the potential problems addressed by this chapter,
the Village Board may, after the required preapplication staff conference,
and after review and recommendation by the Plan Commission, exempt
a particular land division from the requirements of this chapter.
The Board shall make an express finding that compliance is unnecessary
to accomplish the purposes of this chapter. This subsection shall
not be utilized, under any circumstances, to exempt any proposed land
division that would result in the creation of a new buildable lot.
A.
Applicability. This chapter is applicable to all condominiums
except conversion condominiums and condominiums involving only a single
principal building per lot or parcel. In applying this chapter to
condominiums, the principles set out below shall govern.
B.
Treatment.
(1)
Five or more units. Any condominium having a maximum
number of five or more principal buildings per lot or parcel, including
buildings containing any condominium units or portions thereof which
may be added in a future expansion pursuant to § 703.26,
Wis. Stats., shall be treated and processed in the same manner as
a large lot subdivision.
(2)
Four or fewer units. Any condominium having a maximum
number of four principal buildings per lot or parcel, including buildings
containing any condominium units or portions thereof which may be
added in a future expansion pursuant to § 703.26, Wis. Stats.,
shall be treated and processed in the same manner as a minor land
division.
(4)
Reference to plats and maps. As applied to condominiums,
all references in this chapter to a preliminary or final plat or to
a certified survey map shall be deemed to be referenced to the condominium
instruments, including the condominium plat, declarations, plans and
related exhibits or schedules.
(5)
References to divider. As applied to condominiums,
all references in this chapter to a divider shall be deemed to be
references to the condominium declarant.
(6)
Conflicts. In the event of any conflict between the
mandatory requirements of Ch. 703, Wis. Stats., and the provisions
of this chapter, the mandatory requirements of Ch. 703 shall control.
(7)
Artificial lot lines. Unless a condominium development has been approved as a planned unit development under Chapter 420, Zoning Ordinance, of the Village Code or involves only one principal building per lot or parcel, closing and nonoverlapping artificial lot lines shall be placed around the site of each proposed principal building on the condominium plat, or on a separate scaled exhibit, to demonstrate that the spirit of the dimensional requirements of § 395-63 of this chapter is satisfied.
(8)
Fees. Each principal building involved in a condominium, exclusive of principal buildings involved in a potential condominium expansion under § 703.26, Wis. Stats., shall be deemed to be a lot for purposes of the fees provided for in Article X of this chapter. Each declared residential condominium unit, exclusive of potential expansion units, shall be deemed to be a buildable residential lot for purposes of the fees provided for in Article X of this chapter. Fees relating to expansion units and principal buildings associated with such expansion units shall be payable in connection with the approval of the expansion as a separate stage under Subsection B(3) above.
[Amended 8-3-2020 by Ord. No. 20-22]
(9)
Interpretation. Other than as specifically provided
in this section, this chapter shall be interpreted with respect to
condominiums in a common sense manner to achieve the purposes of this
chapter. The Village Board may waive technical compliance of a condominium
with the requirements of this chapter after making an express finding,
recorded in the minutes, that such compliance is unnecessary to accomplish
the purposes of this chapter.
C.
Unlawful activity.
(1)
It shall be unlawful to, and no person shall:
(a)
Record, with respect to any condominium to which this chapter is applicable, any condominium instrument after the effective date of this chapter unless and until such time as there has been full compliance with all applicable requirements of this chapter and each of the statutes, rules, regulations, ordinances and documents enumerated in § 395-11A of this chapter;
(b)
Convey any condominium unit created in violation
of this chapter;
(c)
Construct, install, assemble or place any building,
structure or improvement upon any land subject to condominium instruments
recorded in violation of this chapter; or
(d)
Fail to comply with any applicable provision
of this chapter, and no Village zoning, building or occupancy permit
or approval shall be granted or issued with respect to any condominium
or condominium unit created in violation of this chapter.
A.
Violations. Except as is specifically provided in
this chapter, it shall be unlawful to, and no person shall, after
the effective date of this chapter:
(1)
Divide any land located within the jurisdictional
limits of this chapter, or convey any interest in any such land, or
create a condominium to which this chapter is applicable with respect
to any such land, or take any other action regarding any such land
so as to create a land division (as defined in this chapter), unless
and until such time as there has been full compliance with all applicable
requirements of this chapter;
(2)
Record any preliminary or final plat, replat, certified
survey map, condominium plat or declaration plat or declaration (other
than with respect to a condominium to which this chapter is not applicable),
conveyance or any other evidence of a land division made in violation
of this chapter;
(3)
Construct, install, assemble or place any building,
structure, or improvement upon any lot, parcel of land or condominium
which was created by a land division made in violation of this chapter;
or
(4)
Fail to comply with any applicable provision of this
chapter.
B.
Permits; approvals. No Village zoning, building or
occupancy permit or approval shall be granted or issued with respect
to any land division, lot or parcel of land created in violation of
this chapter or with respect to a development that is not in compliance
with the applicable requirements of this chapter.
[Amended 5-7-2007 by Ord. No. 07-20]
A.
The divider or developer may request the Village to design, construct, install, provide and complete all required public improvements at the divider's/developer's cost. If the divider/developer makes such a request and if the Village agrees to design, construct, install, provide and complete all required public improvements, § 395-19I of this chapter regarding the divider's warranty, indemnification and hold harmless agreement shall be inapplicable. Alternatively, the divider/developer may assume the responsibility for designing, constructing, installing, providing and completing all required public improvements, subject to the requirements of this chapter, at the divider's/developer's cost.
B.
Solely at its option, the Village Board may, under
the limited circumstances set out below, specially assess public improvement
costs required by this chapter and finance such improvements with
special assessment B bonds pursuant to § 66.0713, Wis. Stats.,
as amended from time to time. The Village Board shall not approve
the use of special assessment B bonds in connection with public improvements
required by this chapter unless it first makes each of the following
findings:
(1)
That issuance of such bonds will not increase the
Village's costs with respect to other financing activity, e.g., by
making any other contemplated financing non-bank-qualified;
(2)
That the Village will receive a substantial benefit,
in terms of facilitating desirable projects outside of the proposed
land division or curing or mitigating problems outside of the proposed
land division, as a result of completion of public improvements required
for the proposed land division; and
(3)
That the divider's/developer's credentials, record
of successful developments, financial soundness, project plans, proffered
security and marketing strategy and plans convince the Board that
the Village will not incur any significant risk of having to raise
additional funds to retire such bonds. Notwithstanding any other provisions
of this chapter to the contrary, if the Village Board decides to utilize
special assessment B bonds to finance required public improvements,
it may modify in the development agreement the payment requirements
and the letter of credit requirements set out elsewhere in this chapter.
[Amended 12-19-2005 by Ord. No. 05-59]
A.
General requirement. Before or as a condition of receiving final approval from the Village Board (or from the Village Plan Commission or the Village Zoning Administrator with respect to a site and operational plan to be approved under § 420-56 of the Village Code) of any final plat or certified survey map relating to a land division or land development plan within the Village, with respect to which public and/or private improvements are required under this chapter, or with respect to which public and/or private improvements, dedications or fees are being deferred under this chapter, or with respect to which phasing approval is being granted under this chapter, the divider/developer shall sign and file with the Village Board a development agreement. The Village Board may require a development agreement in other situations where such an agreement is desirable to accomplish the purposes of this chapter.
[Amended 5-7-2007 by Ord. No. 07-20]
B.
Provision for public improvements. In the development agreement, the divider/developer shall either engage the Village to design, construct, install, provide and complete all required public improvements, and agree to pay for all such improvements, or the divider/developer shall agree to assume full responsibility for designing, constructing, installing, providing and completing all such improvements, in a timely and workmanlike manner, to the satisfaction of the Village, and in accordance with the provisions of this chapter, the final plat, certified survey map, or development plan approved by the Village Board (or the site and operational plan approved by the Village Plan Commission or the Village Zoning Administrator under § 420-56 of the Village Code), the development agreement and plans and specifications approved by the Village Board in conjunction with its final approval of the plat, certified survey map or development plan or in conjunction with the final approval of the Village Plan Commission or the Village Zoning Administrator of any site and operational plan. The development agreement shall provide that the divider's/developer's obligations regarding required public improvements and the payment for such improvements shall not be contingent upon the divider/developer commencing construction of any buildings or selling any lots. The development agreement shall also provide that no breach of the development agreement by the Village shall be deemed to excuse or justify a failure by the divider/developer to complete the required public improvements in accordance with the requirements of the development agreement unless the Village's breach renders such completion impossible.
[Amended 5-7-2007 by Ord. No. 07-20]
C.
Provision for private improvements. The Village Board may approve and require private improvements in lieu of certain public improvements. In such event, the required private improvements shall be provided for in the development agreement. Except as otherwise specifically provided in the development agreement or in a planned development zoning ordinance, such required private improvements shall be subject to the same requirements and procedures as required public improvements under this Chapter 395 and other related chapters of the Village Code (e.g., Chapters 180, 285, 300, 305, 355, 370, 381 and 405), except that required private improvements shall not be dedicated to the Village. If and to the extent that the Village Board allows and requires private improvements, the provisions of this chapter and of other related chapters of the Village Code (e.g., Chapters 180, 285, 300, 305, 355, 370, 381 and 405) shall be deemed to apply to such required private improvements, and words, phrases or references typically associated with public improvements shall be construed to include the equivalent words, phrases or references typically associated with private improvements (e.g., “public street” shall be construed to include “private road,” and “public street rights-of-way” shall be construed to include “private road easements”). In any event, the divider/developer shall assume the responsibility for designing, constructing, installing, providing and completing, at the cost of the divider/developer, all required private improvements in a timely and workmanlike manner, to the satisfaction of the Village, and in accordance with the provisions of this chapter, the final plat, certified survey map, or development plan approved by the Village Board (or the site and operational plan approved by the Village Plan Commission or Village Zoning Administrator under § 420-56 of the Village Code) and plans and specifications approved by the Village Board in conjunction with its final approval of the plat, certified survey map or development plan (or in conjunction with the final approval of the Village Plan Commission or Village Zoning Administrator of any site and operational plan.) The development agreement shall provide that the divider's/developer's obligations regarding required private improvements and the payment for such improvements shall not be contingent upon the divider/developer commencing construction of any buildings or selling any lots. The development agreement shall also provide that no breach of the development agreement by the Village shall be deemed to excuse or justify a failure by the divider/developer to complete the required private improvements in accordance with the requirements of the development agreement unless the Village's breach renders such completion impossible.
[Amended 5-7-2007 by Ord. No. 07-20]
D.
Other provisions. Additionally, the development agreement
shall provide, as appropriate and without limitation, for the payment
of fees, the deadline for completion of the various required public
and/or private improvements, contractors' contracts, performance and
payment bonds and certificates of insurance, payment for the required
public and/or private improvements, financial security to secure the
divider's/developer's obligations, possible supplemental financial
security, reduction of the remaining balance of any financial security
upon acceptance by the Village of dedications of public improvements
and in other specified circumstances, dedication and acceptance of
interests in land and public improvements, covenants, restrictions,
and easements on the use of land, acceptance of private improvements,
streetlighting, street signage and street landscaping, title commitment
insurance and lien waivers, representations and warranties, investigations
and remedial action regarding environmental pollution or contamination,
procedures in the event of a breach, the indemnification of the Village,
its employees and consulting engineers for and the holding of the
Village, its employees and consulting engineers harmless against any
costs or damages or liability resulting from defects in required public
and/or private improvements provided by the divider/developer, and
any other requirements to protect the public health, safety and welfare
or to accomplish the purposes of this chapter which the Village Board
believes to be reasonable under the circumstances.
[Amended 8-3-2020 by Ord. No. 20-22]
E.
Approval. The development agreement shall be drafted
or approved as to form by the Village Attorney and shall be approved
by the Village Board prior to final approval of the plat, certified
survey map or land development plan.
F.
Memorandum of agreement. The Village Board shall require
the divider/developer to sign a recordable memorandum of the development
agreement as a condition of the Village Board's final approval of
the plat, certified survey map and/or development plan.
G.
Memorandum of understanding agreement. The Village
Board may require the divider/developer to sign a recordable memorandum
of understanding agreement regarding the financial commitments for
off-site required public and/or private improvements as a condition
of the Village Board's final approval of the proposed plat, certified
survey map and/or development plan.
[Amended 12-19-2005 by Ord. No. 05-59; 5-7-2007 by Ord. No.
07-20; 8-3-2020 by Ord. No. 20-22; 9-25-2023 by Ord. No. 23-40]
A.
General requirement. As a condition to receiving final approval from the Village Board (or from the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan to be approved under § 420-56 of the Village Code) of any final plat, certified survey map, or land development plan approval relating to land located within the Village, the divider/developer shall provide financial security that may include either: (1) an irrevocable letter of credit; (2) a performance bond; (3) a cash escrow with an escrow agent; or (4) a cash deposit with a financial institution, as described herein. The financial security will secure the divider's/developer's obligation to pay for the design, construction, installation, provision and completion of all required public and/or private improvements, including but not limited to cleaning and televising of the public and/or private improvements, field staking, inspection and construction, administration of the public and/or private improvements, landscaping, lighting and signage public and/or private improvements and construction contingencies, and engineering, legal and administrative costs. When the divider/developer has assumed the responsibility for designing, constructing, installing, providing and completing required public and/or private improvements, the financial security shall also secure the divider's/developer's agreement to indemnify the Village, its employees and consulting engineers for, and hold the Village, its employees and consulting engineers harmless against, all costs, damages and liability resulting from defects in such public and/or private improvements. The financial security shall be drafted and approved as to form by the Village Attorney and shall be approved by the Village Board. If a performance bond is proposed for any portion of the financial security, the final plat or CSM shall not be recorded until all of the required public and/or private improvements pursuant to the development agreement are installed, inspected, tested and accepted by the Village. In addition, other financial security shall be required for other divider's/developer's obligations that are not included in the performance bond.
B.
Particular requirement.
(1)
Amount. The amount of the financial security shall be 120% of the total estimated costs of the required public and/or private improvements and related costs and contingencies noted above in Subsection A.
(2)
Issuance. The form of the financial security shall meet the particular requirements described in Subsection F below.
(3)
Payment. The financial security shall be payable to
the Village at a convenient location, at sight, upon presentment of
the Village's draft, the original financial security and any amendments
thereto, and the affidavit of the Village President or Village Administrator,
duly signed and sworn to before a notary public and attested by the
Village Clerk, stating that the Village Board, at a meeting duly held
on a specified date, duly approved a draft upon the financial security
in the specified amount. Partial drawings upon the financial security
shall be allowed.
(4)
Expiration. The financial security shall expire, by
its terms, one year after the latest date on which the last to be
completed of the required public and/or private improvements must
be completed pursuant to the provisions of this chapter and the provisions
of the development agreement entered into by and between the divider/developer
and the Village, unless other arrangements have been agreed upon and
approved by the Village Board.
(5)
Reduction. The financial security supplied by a divider/developer
who has assumed responsibility for providing the required public and/or
private improvements shall state that the remaining balance of the
financial security will be reduced, and the amount of the reduction
will be made available to the divider/developer, upon presentment
of the Village's written request for such a reduction, the original
financial security and any amendments thereto, and the affidavit of
the Village President or Village Administrator, duly signed and sworn
to before a notary public and attested by the Village Clerk, stating
that the Village Board at a meeting duly held on a specified date
duly approved a reduction in the remaining balance of the financial
security by a specified amount and the release of such amount to the
divider/developer. If a performance bond is used for any portion of
the financial security, the Village Board shall not consider any reductions
until the required public and/ or private improvements pursuant to
the development agreement are installed, inspected, tested, accepted
by the Village and all warranty periods have expired.
(6)
Administrative processing fee. An administrative processing
fee shall be provided by the divider/developer to the Village Treasurer
as a condition of final approval of the final plat, certified survey
map or development plan for the administration and financial processing
of the financial security made with the Village. The total amount
of the administrative processing fee shall be in the form of a cash
payment equal to 0.25% of the total cost of the financial security
(0.0025 x the amount of the financial security) for a finance administrative
processing fee.
C.
Supplemental financial security. The Village Board
may require the divider/developer to provide supplemental financial
security if it determines that the actual cost of completing any class
of required public and/or private improvements will exceed 120% of
the total amount of the estimated cost of that class of improvements
utilized in determining the amount of the existing financial security.
If the divider/developer has assumed responsibility for providing
the required public improvements, and/or is providing private improvements,
then the divider/developer shall promptly notify the Village Administrator
of any change order causing an increase in the estimated cost of completing
any required public and/or private improvements of which the divider/developer
has knowledge or notice.
D.
Reduction.
(1)
If the divider/developer has assumed responsibility
for providing required public improvements, and/or is providing required
private improvements, then upon the Village Board's acceptance by
resolution of the dedication and/or acceptance of any class of public
improvements, the Board shall authorize the issuer of the financial
security to reduce the remaining balance of such financial security
by the amount that was attributed to the cost of the accepted class
of improvements, including the associated amounts for construction
contingencies and engineering, legal and administrative costs, in
determining the amount of the existing financial security. For good
cause shown, the Village Board may make arrangements for periodically
reducing the remaining balance of any financial security in the development
agreement. If the Village has provided the public improvements, then
upon the Village's acceptance of the divider's/developer's dedication
of the last to be completed and dedicated class of public improvements,
the Village Board shall promptly authorize the issuer to cancel the
financial security. If the divider/developer has provided the public
and/or private improvements, however, the Board shall withhold and
not authorize the release of 10% of the original amount of the financial
security for the period of one year after the acceptance of the last
to be completed and/or dedicated class of improvements for the purpose
of securing the divider's/developer's warranty, hold harmless and
indemnification agreement. After such one-year period, if no defects
have appeared in the public and/or private improvements, the Village
Board shall promptly authorize the issuer to cancel the financial
security or refund the remaining cash. However, if it can be proven
that a defect had occurred in the public and/or private improvements
under the one-year warranty period, then the developer shall be responsible
for correcting the deficiency at the divider's/developer's cost. If
a performance bond was used for any portion of the financial security,
the Village Board shall not consider any reductions until the required
public and/ or private improvements pursuant to the development agreement
are installed, inspected, tested, accepted by the Village and all
warranty periods have expired.
(2)
Reduction in the financial security other than as
a result of a draw by the Village shall be permitted only in accordance
with the following procedures:
(a)
The developer may submit written requests to the Village for a reduction in the financial security, except a performance bond which is subject to Subsection D(2)(c) below, not more often than one per calendar month. Any such request shall be accompanied by copies of original lien waivers from contractors, subcontractors and suppliers. The Village Board shall review the lien waivers and other documentation received from the developer and reports from the Village's engineering consultants regarding the status of the work in progress for which such reduction in the financial security is claimed and the recommendations of such consultants regarding the amount of the financial security to be released based on the percentage of work completed. The Village Board shall authorize a reduction of the financial security in an amount proportionate to the percentage of the work completed to the extent the Village Board is satisfied that appropriate payment has been made for such work.
(b)
After the completion of a classification of
the required public and/or private improvements and the Village's
inspection and testing of such classification of improvements and
conditional approval thereof pursuant to a letter of substantial completion,
the delivery to the Village of satisfactory evidence that there is
no unpaid work with respect to the classification in question for
which a mechanic's or supplier's lien may be imposed, the dedication
by the developer of any such completed public improvements to the
Village and the formal acceptance thereof by the Village pursuant
to a resolution by the Village Board, the Village Board shall promptly
authorize a reduction in the financial security. The amount of any
such reduction shall be the remaining amount (including the 20% contingency
calculated on such amount) that was attributed to the identified itemized
listing of such completed improvements in determining the amount of
the financial security and in any determination of the Village Board
to require a supplemental financial security.
(c)
If a performance bond is used for any portion of the financial security,
the Village Board shall not consider any reductions until the required
public and/or private improvements pursuant to the development agreement
are installed, inspected, tested, accepted by the Village and all
warranty periods have expired.
E.
Treatment in development agreement. The development
agreement entered into by and between the divider/developer and the
Village shall specify the circumstances under which the Village is
entitled to draw upon the financial security or is required to approve
the reduction or cancellation of the financial security. If the Village
will be responsible for providing the required public improvements,
the Village shall be entitled to draw upon the financial security
as needed to pay for the design, construction, installation and provision
of the improvements. If and to the extent the divider/developer will
be responsible for providing the required public and/or private improvements,
the Village shall generally be entitled to draw upon the financial
security only if the divider/developer fails to discharge its obligations
under this chapter and development agreement. The Village Board shall
approve each draw upon the financial security, each reduction in the
remaining balance of the financial security and each cancellation
of the financial security.
F.
Requirements
for types of financial security.
(1)
Irrevocable
letter of credit. A letter of credit must be in a form approved by
the Village.
(2)
Cash
deposit. A cash deposit must be made pursuant to an agreement in a
form approved by the Village Attorney and Village Board, with a financial
institution acceptable to the Village Board.
(3)
Escrow
agreement. An escrow must be made pursuant to an agreement in a form
approved by the Village Attorney and Village Board, with a title company
or other escrow agent acceptable to the Village Board.
(4)
Performance
bond. A performance bond must be a standard form approved by the Village
Board.
A.
Sites for public purposes; open spaces. In the design
and approval of any plat, certified survey map, or development plan,
due consideration shall be given to the establishment or preservation
of appropriate sites for necessary or desirable streets, sanitary
sewers, water mains, storm sewers, drainageways, schools, parks, playgrounds
and other public improvements, facilities or uses, and the preservation
of scenic and historic sites, stands of fine trees, wetlands, floodplains,
lakes, ponds, watercourses or other desirable, unusual or environmentally
sensitive natural features or archaeologically significant areas.
B.
Mandatory dedications.
(1)
Dedication of streets. The divider/developer of any
proposed land division or development within the Village shall dedicate
to the Village, free and clear of all liens and encumbrances (except
as may be approved in the development agreement entered into by and
between the divider/developer and the Village), and without compensation,
appropriate dedications for public streets or alleys required or proposed
to serve such land division or development and for all sanitary sewerage
system facilities, water system facilities, storm sewer and drainage
system facilities, sidewalks or pedestrian walkways, street trees
or other public improvements or facilities to be constructed or located
in such streets or alleys.
(2)
Dedication for other public improvements. The divider/developer
of any proposed land division or development within the Village shall
dedicate to the Village, free and clear of all liens and encumbrances
(except as may be approved in the development agreement entered into
by and between the divider/developer and the Village) and without
compensation, appropriate dedications for all sanitary sewerage system
facilities, water system facilities, storm sewer or drainage system
facilities, sidewalks, pedestrian walkways, bridges or other public
improvements or facilities required or proposed to serve such land
division or development and not located within public streets or alleys,
together with any construction or access easements required in connection
with such public improvements or facilities.
(3)
Dedication of easements for public or private utilities.
The divider/developer of any proposed land division or development
within the Village shall dedicate to the appropriate entity, without
compensation, appropriate easements for all electric power, gas, telephone,
cable and other utility or communications improvements or facilities
required or proposed to serve such land division or development.
(4)
Dedication of easements for private improvements.
The divider/developer of any proposed land division or development
with the Village shall dedicate to the Village, free and clear of
all liens and encumbrances (except as may be approved in the development
agreement entered into by and between the divider/developer and the
Village) and without compensation, appropriate easements for all private
sanitary sewerage system facilities, water system facilities, storm
sewer or drainage system facilities, sidewalks, pedestrian walkways
or bridges, park areas, or other private improvements or facilities
required or purposed to serve such land division or development and
not located within dedicated public streets or alleys, together with
any construction or access easements required in connection with such
private improvements or facilities.
C.
Dedications or reservations for other public purposes.
[Amended 5-7-2007 by Ord. No. 07-20; 8-3-2020 by Ord. No. 20-22]
(1)
Public facilities shown on a Comprehensive Plan component. Whenever a proposed land division or development within the Village of Pleasant Prairie encompasses all or any part of the site of a proposed arterial or collector street, public way, park, playground, school, sanitary sewerage system facility, water system facility, storm sewer or drainage system facility or drainageway or any other public improvement, facility or use, the location of which has been designated on a Comprehensive Plan component, a suitably located site of adequate size and shape for the intended purpose, or an appropriate interest therein, shall be dedicated or temporarily reserved for possible public acquisition as a condition to final approval of any plat, certified survey map, or development plan by the Village Board (or by the Village Plan Commission or Village Zoning Administrator with respect to approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code) unless the Village Board expressly waives or modifies this requirement. Whether requiring the dedication of such a site necessitates the payment of just compensation shall be determined by the Village Board prior to final approval of the plat, certified survey map, or development plan.
(2)
Other public facilities. The Village Board (or the Village Plan Commission or Village Zoning Administrator with respect to approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code), subject to Village Board ratification) may require, as a condition to final approval of any proposed plat, certified survey map, or development plan within the Village, the dedication or temporary reservation for possible public acquisition of a suitably located site of adequate size and shape for any public improvement, facility or use, or an appropriate interest therein. Whether requiring the dedication of such site requires the payment of just compensation shall be determined by the Village Board prior to final approval of the plat, certified survey map, or development plan.
(3)
Preservation easements; restrictive covenants. The Village Board (or the Village Plan Commission or Village Zoning Administrator with respect to approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code) may require, as a condition to final approval of any proposed plat, certified survey map, or development plan within the Village, the dedication or temporary reservation for possible public acquisition of preservation or scenic easements, or the imposition of restrictive covenants running with the land, to preserve and protect scenic and historic sites, stands of fine trees, wetlands, floodplains, lakes, ponds, watercourses or other desirable, unusual or environmentally sensitive natural features, historical or archaeologically significant areas or otherwise to accomplish the purposes and intent of this chapter. Whether the requirement of such dedications or covenants necessitates the payment of just compensation shall be determined by the Village Board prior to final approval of the plat, certified survey map, or development plan.
D.
Temporary reservations for possible public acquisition.
(1)
Significance. The significance of land or an interest
in land being temporarily reserved for possible acquisition for a
public purpose or use on a plat, certified survey map, or development
plan is that the divider's/developer's proposed use or development
of the area in question is inconsistent with a possible public use
of such area, which is under active consideration, and approval of
the divider's/developer's proposed use or development is temporarily
rejected pending the outcome of the planning process relating to the
possible public use of the area.
(2)
Statement of reservation. Whenever any land or an
interest in land is temporarily reserved on a plat, certified survey
map, or development plan for possible acquisition for a public purpose
or use, the plat, certified survey map, or other recorded document
shall show the boundaries of the land affected by such temporary reservation
and shall contain a statement of the purpose of the reservation, the
interest reserved and the conditions upon which the reservation will
terminate and upon which the land will be released from such reservation.
(3)
Duration of reservation. Any temporary reservation
for possible acquisition for a public purpose or use on an approved
plat, certified survey map, or other recordable document shall automatically
terminate one year after the last required approval of the plat or
certified survey map or development plan, unless the reserved land
or the reserved interest therein shall have been acquired and an appropriate
conveyance shall have been recorded in the office of the Register
of Deeds for Kenosha County, prior to the end of such period, or unless
a jurisdictional offer to acquire such land or interest shall have
been made and a lis pendens shall have been recorded in the office
of the Register of Deeds for Kenosha County pursuant to § 32.05,
Wis. Stats., prior to the end of such period, or unless a petition
for condemnation proceedings shall have been filed in the Circuit
Court for Kenosha County and a lis pendens shall have been recorded
pursuant to § 32.06, Wis. Stats., prior to the end of such
period, or unless the reservation period shall have been extended
by written agreement signed by the divider/developer and owner, if
the owner and divider/developer are not the same, and recorded prior
to the end of such period. A statement to this effect shall be made
on the final plat, certified survey map or other recordable document.
If the Village Board determines not to acquire the reserved land or
interest in land, or receives an official communication from the public
body having authority to acquire the reserved land or interest therein
for the contemplated purpose stating that it has determined not to
acquire such land or interest, prior to the automatic termination
of the temporary reservation, the Village Board shall promptly cause
an appropriate document to be recorded evidencing the termination
or removal of the temporary reservation.
(4)
Conditional approval. To reduce any potential hardship imposed on a divider/developer by a temporary reservation of land or an interest in land for possible public acquisition, the Village Board (or the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan under § 420-56 of the Village Code) shall permit the plat, certified survey map, or development plan to show the ultimate treatment of the land affected by such reservation in the event that the reserved land or interest therein is not acquired for a public purpose. Such approved ultimate treatment shall be expressly conditioned, on the face of the plat, certified survey map, or development plan, upon the termination or removal of the reservation. Such conditional approval shall not be effective until the termination or removal of the reservation.
[Amended 5-7-2007 by Ord. No. 07-20]
E.
Compensation.
(1)
Amount of compensation. Whenever an interest in land
is to be dedicated or acquired after a temporary reservation for possible
public acquisition, under circumstances requiring the payment of just
compensation, the amount of compensation shall be determined in accordance
with the provisions of Ch. 32, Wis. Stats., as amended from time to
time.
(2)
Disagreement on amount of compensation. Whenever the
Village Board shall have determined that the payment of just compensation
is required in connection with the acquisition of land or an interest
in land, but the amount of compensation to be paid cannot be agreed
upon by the Village Board and the divider/developer (and the owner,
if the divider/developer is not the owner) prior to the Village Board's
final approval of the plat, certified survey map, or development plan,
the interest in the land in question shall be temporarily reserved
for possible public acquisition, and any acquisition shall be made
in accordance with the provisions of Ch. 32, Wis. Stats., as amended
from time to time.
F.
Statement of dedications and restrictions.
(1)
Dedications. Whenever an interest in land is dedicated
on a plat or certified survey map, the plat or certified survey map
shall show and describe the boundaries of the land affected by the
dedication and shall contain a statement of the purpose of the dedication
and the interest dedicated.
(2)
Restrictions. Whenever land included in a plat, certified
survey map, or development plan is subject to restrictions running
with the land, the plat, certified survey map, or other recordable
document shall contain a statement of such restrictions and a description
of the area to which they apply. Alternatively, such restrictions
may be included in a separate, recordable document, but such restrictions
shall be referred to on the face of the plat, certified survey map
or development plan and shall be recorded by the divider/developer
with the plat or map. Any restrictions required by the Village Board
shall expressly state that they are intended to benefit the Village,
that they are enforceable by the Village and that they shall not be
modified without the express written consent of the Village Board.
G.
Acceptance of dedications. Dedications of interest
in land shown on any final plat or certified survey map shall be deemed
to be accepted by the Village Board upon granting final approval of
such plat or map.
H.
Environmental investigations.
[Amended 5-7-2007 by Ord. No. 07-20; 8-3-2020 by Ord. No. 20-22]
(1)
Investigations; tests. The Village Board (or the Village Plan Commission or Village Zoning Administrator with respect to approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code) may, as a condition to approval of any proposed plat, certified survey map, or development plan, make or cause to be made, at the divider's/developer's cost, such investigations or tests regarding possible environmental contamination or pollution of land that is affected by dedications for public improvements, facilities or uses to serve the proposed land division or development as the Board deems to be reasonable and prudent under the circumstances.
(2)
Remedial action. If such investigations or tests demonstrate that the land is contaminated or polluted, the Board (or the Village Plan Commission or Village Zoning Administrator with respect to approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code) may require the divider/developer, as a condition to final approval of the plat, certified survey map, or development plan, to take reasonable and appropriate remedial action to protect the public health, safety and welfare and to protect the Village from potential liability.
(3)
Representations; warranties. The Village Board (or the Village Plan Commission or Village Zoning Administrator with respect to approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code) may also, as a condition to final approval of any proposed plat, certified survey map, or development plan, require the divider/developer to make such representations and warranties regarding possible contamination or pollution of land affected by proposed dedications for public improvements, facilities or use as the Board (or the Plan Commission or Zoning Administrator) deems to be reasonable and prudent under the circumstances.
(4)
Indemnity; hold harmless. In circumstances where the Board concludes that there is risk of liability to the Village, the Board (or the Village Plan Commission or Village Zoning Administrator, having made such a conclusion with respect to approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code) may require the divider/developer to agree to indemnify the Village for, and hold the Village harmless against, all costs, damages and liability potentially resulting from contamination or pollution of land affected by dedications for public improvements, facilities or use.
A.
Approval of contracts, contractors, performance and
payment bonds and certificates of insurance. All proposed contracts
for the construction, installation or provision of required public
improvements, and all contractors proposed to do such work, shall
be subject to the approval of the Village Board. The divider/developer
shall provide to the Village copies of adequate and appropriate contractor
payment and performance bonds for such work, and certificates of insurance
with the Village listed as an insured party to protect the Village,
prior to the Village's final review and approval of such contracts
and approval of the contractors. Only prequalified and preapproved
contractors shall be allowed to perform public improvement work in
the Village.
B.
Design. All public improvements shall be designed
by a professional engineer, registered in the State of Wisconsin,
in accordance with the requirements of this chapter and sound engineering
practices. The design of all public and private improvements shall
be based upon actual field topographic data.
C.
Construction; installation. All public improvements shall be constructed, installed and provided in a workmanlike manner, in accordance with the provisions of this chapter, the development agreement entered into by and between the divider/developer and the Village, and the plans and specifications approved by the Village Board, at the cost of the divider/developer, except as is otherwise expressly provided by this chapter, and only after the Village Board has granted final approval of the final plat, certified survey map, or development plan and engineering plans, profiles and specifications (and, if applicable, only after the Village Plan Commission or Village Zoning Administrator has granted final approval to a site and operational plan under § 420-56 or has granted final approval of a residential development plan under § 420-57.6 of the Village Code) and, if the divider/developer is responsible for providing the improvements, only after the Village has issued written authorization to proceed with specified improvements.
[Amended 5-7-2007 by Ord. No. 07-20; 8-3-2020 by Ord. No. 20-22]
D.
Completion. All public improvements shall be completed, to the satisfaction of the Village, within the times prescribed in §§ 395-66 through 395-79 (unless otherwise specifically provided in a planned development zoning ordinance) of this chapter or in the development agreement entered by and between the divider/developer and the Village. Upon completion of the required public improvements and prior to the Village acceptance of said required public improvements, as-built plans and record drawings of all required public improvements shall be completed pursuant to § 395-82C and D of this chapter.
[Amended 5-7-2007 by Ord. No. 07-20; 5-18-2009 by Ord. No.
09-35]
E.
Staging.
(1)
Staging authority. The Village Board may permit the
construction and installation of public improvements in subdivisions
or large lot subdivisions or developments in stages corresponding
to the stages of final plat, certified survey map, or development
plan approval.
(2)
Staging plan. If a divider/developer wishes to construct
or install public improvements in stages, the divider/developer shall
file a staging plan with the preliminary or final plat, certified
survey map, or development plan. The staging plan shall number, describe
and depict the boundaries of each proposed stage and shall state the
deadline for submission of a final plat or development plan for each
such stage. The staging plan shall generally provide for the orderly
extension of streets, sanitary sewerage system facilities, water system
facilities, storm sewer and drainage system facilities and utilities
from existing streets and facilities, unless a different staging pattern
is specifically approved by the Village Board because of unusual facts
and circumstances. All staging plans shall be subject to approval
by the Village Board.
[Amended 8-3-2020 by Ord. No. 20-22]
F.
Staking and engineering field inspection. All construction staking, engineering field inspection and related coordination or administration shall be conducted pursuant to Chapter 405. In addition, the Village or the Village’s consulting engineer shall prepare as-built plans and record drawings of all required public improvements pursuant to § 395-82C and D of this chapter.
[Amended 5-18-2009 by Ord. No. 09-35; 8-3-2020 by Ord. No. 20-22]
G.
Stop-work orders. The Village Administrator, Village
Engineer, Village Director of Public Works, Village Community Development
Director, Village Director of Public Works and a Village building
inspector shall have the authority to issue stop-work orders with
respect to noncompliance with the installation of any required public
and/or private improvements whenever the location, materials, workmanship
or manner of performance is not in accordance with the provisions
of this chapter, the Village Code and ordinances, the development
agreement entered into by and between the divider/developer and the
Village, or the plans, specifications and profiles approved by the
Village Board.
[Amended 8-3-2020 by Ord. No. 20-22; 5-17-2021 by Ord. No. 21-09; 8-16-2021 by Ord. No. 21-18]
H.
Dedication and acceptance.
(1)
Dedication requirement. Subject to the provisions
of this chapter, the divider/developer shall, upon completion of the
public improvements, unconditionally give, grant, convey and dedicate
all required public improvements to the Village, its successors and
assigns forever, free of charge to the Village, and free and clear
of any encumbrances whatsoever. Such dedication shall include, without
limitation, all buildings, structures, mains, pipes, conduits, lines,
machinery, equipment and appurtenances which in any way form a part
of or pertain to such improvements, together with any easements necessary
for access or maintenance.
[Amended 8-3-2020 by Ord. No. 20-22]
(2)
Form of dedication documents. The form of the dedication
documents shall be subject to approval by the Village Attorney.
(3)
Acceptance of dedications. The dedication of public improvements shall be specifically accepted by the Village Board, pursuant to Chapter 405, and such acceptance shall be recorded in the minutes at such time as such public improvements are completed to the satisfaction of the Village and in accordance with the provisions of this chapter and Chapter 405, the approved plans and specifications and the development agreement entered into by and between the divider/developer and the Village, and the improvements are determined to be free and clear of liens or encumbrances.
[Amended 8-3-2020 by Ord. No. 20-22]
(4)
Title evidence. When the Village is not awarding and
administering the construction contracts, the divider/developer shall
provide to the Village, at the divider's/developer's cost, satisfactory
evidence that the public improvements dedicated to the Village are
owned by the divider/developer free and clear of all liens and encumbrances,
including, without limitation, appropriate lien waivers with respect
to all work or materials supplied in connection with each class of
public improvements.
[Amended 8-3-2020 by Ord. No. 20-22]
(5)
After acceptance. After the Village Board's acceptance of the dedication of the public improvements, the Village shall have the duty to maintain such improvements, except as is specifically provided by warranty in this chapter and Chapter 405, and shall have the right to connect to or to integrate with such improvements other facilities or improvements with no payment or award to the divider/developer and without the divider's/developer's consent.
[Amended 8-3-2020 by Ord. No. 20-22]
I.
Warranty, indemnification and hold harmless. If the divider/developer assumes the responsibility of designing, constructing, installing and providing the public improvements, the divider/developer shall warrant all such improvements against defects due to faulty design, materials or workmanship, or due to any failure to comply with the requirements of this chapter, Chapter 405 or with the requirements of the development agreement entered into by and between the divider/developer and the Village, which appear and of which the divider/developer is notified in writing at the divider's/developer's last known address within the prescribed warranty period as specified in Chapter 405, or if it is proven by the Village that the defect occurred during the warranty period, if the work or materials in question are not incorporated into an improvement dedicated to the Village. The divider/developer shall, at its cost, promptly make any repairs or replacements necessary to correct any such defects in a workmanlike manner and to the satisfaction of the Village. The divider/developer shall agree to indemnify the Village for and hold the Village harmless against the costs of any repairs or replacements required by such defects, any resulting damage to Village property, the costs and expenses of any resulting litigation (including the Village's reasonable attorney fees) and any resulting liability incurred by the Village. Additionally, the divider/developer shall, at its cost, promptly replace any vegetative landscaping elements, not planted by the Village, which die or are removed for any reason within the warranty period as specified in Chapter 405 and of which the divider/developer is notified by the Village in writing within such period. Also, street trees and grassy terrace areas in the right-of-way shall be forever maintained and/or replanted by the abutting landowner.
[Amended 8-3-2020 by Ord. No. 20-22]
A.
Determination of unsuitability. No land shall be divided
or developed for residential, commercial, industrial, governmental,
institutional or any other urban land use if the land is determined
to be unsuitable for such use by the Village Board, after receiving
the recommendation of the Village Plan Commission and any other Village
officials or consultants as may be deemed appropriate by the Board,
for reason of flooding, and/or no dry land, non-floodplain access,
inadequate drainage, adverse soil or rock conditions, unfavorable
topography, contamination or any other feature, characteristic or
condition likely to be harmful to the public health, safety or welfare,
or to the health, safety or welfare of the future residents or users
of the land in question.
[Amended 8-3-2020 by Ord. No. 20-22]
B.
Filled lands/on-site sewage disposal.
(1)
Filled lands shall not be divided/developed into building
sites which are proposed to be served by on-site soil absorption sewage
disposal systems, except where soil borings, soil percolation tests,
and any other appropriate tests or investigations conducted by a certified
soil tester demonstrate that such soils are suited to the use of such
systems. Such testing shall be conducted at a minimum of one appropriate
location per building site. The Village Board or Village Plan Commission
may require additional testing or information.
(2)
Lands covered by soils having a percolation rate slower
than 60 minutes per inch or faster than 10 minutes per inch shall
not be divided into building sites to be served by on-site soil absorption
sewerage disposal systems.
C.
Filled lands/structural characteristics. Lands filled
within 20 years shall not be divided/developed into building sites
except where soil borings, other appropriate tests or investigations
and the opinion of a recognized expert demonstrate that the compaction,
bearing capacity and other relevant characteristics of the fill material
makes it structurally suitable for the proposed use. Such testing
and expert investigation shall be conducted at a minimum of one appropriate
location per building site. The Village Engineer may require additional
testing or information.
D.
Slope. Lands having a slope of 12% or more shall be
maintained in permanent open space use. No lot shall have more than
50% of its minimum required area in slopes of 10% or greater.
E.
Bedrock. Lands having bedrock within six feet of the
natural undisturbed surface shall not be divided into building sites
to be served by on-site soil absorption sewage disposal systems.
F.
Groundwater. Lands having groundwater (constant water
table) within five feet of the natural undisturbed surface shall not
be divided into building sites to be served by on-site soil absorption
sewage disposal systems. Lands having the seasonal high water table
within two feet of the natural undisturbed surface shall not be divided
into building sites to be served by a mound system.
G.
Drainage tiles; ditches. Lands drained by farm drainage
tile or farm ditch systems shall not be divided into building sites
to be served by on-site soil absorption sewage disposal systems.
H.
Findings, conditions and rebuttal. The Village Board
shall make express findings with respect to the particular facts upon
which it bases its conclusion that the land is unsuitable for a particular
use or uses, which findings shall be recorded in the minutes. The
Village Board may prescribe conditions or remedial actions, if appropriate.
The Village Board shall afford the divider/developer a reasonable
opportunity to present evidence to rebut the Board's findings of unsuitability
if the divider/developer so desires. Thereafter, the Village Board
may affirm, modify, or withdraw its determination of unsuitability.
A.
Grounds. The Village Board shall have authority in specific cases, upon application by a divider/developer/property owner and after a public hearing noticed by a Class 1 notice under Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.), and notice of such public hearing being mailed by first class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant, the owners of the subject lot or site, the owners of all real property located within 300 feet of the subject lot or site and to all other parties of interest as defined in this chapter, to grant such variances from the requirements of this chapter as will not be contrary to the public interest, where, owing to special conditions which are not generally applicable to other properties or the use thereof and which are not of such a recurrent nature as to suggest that this chapter should be amended, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. For purposes of this section, the requirement of "special conditions" and "practical difficulty or unnecessary hardship" shall be interpreted so as to take into account all of the relevant facts relating to the variance request. Such facts shall include, among others, the nature and scope of the variance being sought, the reasons for requesting the variance, and the reasonableness of requiring strict compliance in light of the resulting difficulty or hardship and the purposes of this chapter and of the particular provisions of this chapter from which the variance is sought. The Wisconsin case law relating to statutorily controlled variances from zoning ordinance requirements, which are often quite different in nature and purpose from the requirements of this chapter, shall not be construed to be binding with respect to the interpretation of this section, and, specifically, lack of any reasonable use of the subject real property in the absence of the requested variance or any need for the "special conditions" or the "practical difficulty or unnecessary hardship" to relate uniquely to some physical condition or characteristic of the subject real property, shall not be required.
[Amended 8-3-2020 by Ord. No. 20-22]
B.
Findings; vote. The Village Board shall grant such variance only after making express findings, which shall be recorded in the minutes, that each requirement of Subsection A of this section is satisfied upon the concurring vote of a majority of the Village Board members present and voting at the meeting.
[Amended 7-10-2023 by Ord. No. 23-29]
C.
When variance unnecessary. The granting of a variance
under this section shall be unnecessary if specific authority is granted
elsewhere in this chapter to waive or modify a requirement of this
chapter.
Any person aggrieved by an objecting authority's
objection to a subdivision plat, or by a failure to approve a plat
or certified survey map, or by a discretionary condition imposed upon
the approval of a plat or certified survey map, may appeal such objection,
failure to approve, or condition as provided in § 236.13(5),
Wis. Stats., as amended from time to time, within 30 days of notification
of such objection, failure to approve or condition. When the appeal
is from an objecting authority's objection to a subdivision plat,
or from a failure to approve a subdivision plat based on an unsatisfied
objection of an objecting authority to a subdivision plat, the agency
making the objection shall be made a party to the appeal.
A.
Legal actions. The Village may institute any appropriate
legal actions or proceedings to enforce the provisions of this chapter
by means of injunction, forfeitures or penalties or otherwise as provided
by law.
B.
Forfeitures; penalties. Any person who violates the
provisions of this chapter shall, upon conviction, forfeit not less
than $25 nor more than $645 for each violation, plus the cost of prosecution.
The penalty for default of payment of any such forfeiture and costs
shall be imprisonment in the Kenosha County Jail until payment thereof,
but not exceeding six months. Each day a violation exists or continues
shall constitute a separate violation. In addition, forfeitures, fines
or penalties provided for in Ch. 236, Wis. Stats., including the following,
without limitation, shall be applicable:
(1)
Recordation of a subdivision plat without submitting
such plat for approval, or failure to present such plat for recording
within the time prescribed after approval: a forfeiture of not less
than $100 nor more than $1,000, pursuant to § 236.30, Wis.
Stats.
(2)
Violations of § 236.31(1), Wis. Stats.,
relating to conveyances, or offers or contracts to convey subdivisions
or lots in subdivisions, with knowledge that the final plat has not
been recorded: a fine of not more than $500 or imprisonment in the
Kenosha County Jail for not more than six months, or both.
(3)
Violations of § 236.32, Wis. Stats., relating
to disturbing or failure to place monuments as required, or the knowing
removal or disturbance of monuments, or the failure to replace monuments
properly when ordered to do so: a fine of not more than $250 or imprisonment
in the Kenosha County Jail for not more than one year.
C.
Assessor's plat. An assessor's plat, made under § 70.27,
Wis. Stats., may be ordered as a remedy by the Village Board, at the
expense of the divider, when a subdivision is created by successive
land divisions.
[Amended 12-19-2005 by Ord. No. 05-59]
A.
Approval of contracts, contractors, performance and
payment bonds and certificates of insurance. All proposed contracts
for the construction, installation or provision of required private
improvements, and all contractors proposed to do such work, shall
be subject to the approval of the Village Board. The divider/developer
shall provide to the Village copies of adequate and appropriate contractor
payment and performance bonds for such work, and certificates of insurance
with the Village listed as an insured party to protect the Village,
prior to the Village's final review and approval of such contracts
and approval of the contractors. Only prequalified and preapproved
contractors shall be allowed to perform private improvement work in
the Village.
B.
Design. All private improvements shall be designed by a professional engineer, registered in the State of Wisconsin, in accordance with the requirements of this chapter, specifically §§ 395-58 through 395-79, and sound engineering practice. The design of all improvements shall be based upon actual field topographic data. All private improvements shall be designed and constructed pursuant to the standards for public improvements.
C.
Construction; installation. All private improvements shall be constructed, installed and provided in a workmanlike manner, in accordance with the provisions of this chapter, the development agreement entered into by and between the divider/developer and the Village, and the plans and specifications approved by the Village Board, at the cost of the divider/developer, except as is otherwise expressly provided by this chapter, and only after the Village Board has granted final approval of the final plat, certified survey map or development plan (and, if applicable, only after the Village Plan Commission or Village Zoning Administrator has granted final approval to a site and operational plan under § 420-56 or has granted final approval to a residential development under § 420-57.6 of the Village Code), and, if the divider/developer is responsible for providing the improvements, only after the Village has issued written authorization to proceed with specified improvements.
[Amended 5-7-2007 by Ord. No. 07-20; 8-3-2020 by Ord. No. 20-22]
D.
Completion. All private improvements shall be completed, to the satisfaction of the Village, within the times prescribed in §§ 395-66 through 395-79 (unless otherwise specifically provided in a planned development zoning ordinance) of this chapter or in the development agreement entered by and between the divider/developer and the Village. Upon completion of the required private improvements and prior to the Village approving of said private improvements, the Village Engineer may require as-built record drawings of all the private improvements pursuant to § 395-82C of this chapter.
[Amended 5-7-2007 by Ord. No. 07-20; 5-18-2009 by Ord. No.
09-35]
E.
Staging.
(1)
Staging authority. The Village Board may permit the
construction and installation of private improvements in the developments,
subdivisions or large lot subdivisions corresponding to the stages
of final approval.
[Amended 8-3-2020 by Ord. No. 20-22]
(2)
Staging plan. If a divider/developer wishes to construct
or install private improvements in stages, the divider/developer shall
file a staging plan with the preliminary or final plat, certified
survey map, or the development plans. The staging plan shall number,
describe and depict the boundaries of each proposed stage and shall
state the deadline for submission of a final plat, certified survey
map, or development plans for each such stage. The staging plan shall
generally provide for the orderly extension of streets, sanitary sewerage
system facilities, water system facilities, storm sewer and drainage
system facilities and utilities from existing streets and facilities,
unless a different staging pattern is specifically approved by the
Village Board because of unusual facts and circumstances. All staging
plans shall be subject to approval by the Village Board.
F.
Staking and engineering field inspection. All construction staking, engineering field inspection and related coordination or administration shall be conducted by the Village or the Village's consulting engineer, without regard as to whether the divider/developer or the Village is responsible for providing the private improvements. In addition, the Village or the Village’s consulting engineer shall prepare as-built plans and record drawings of any private improvements required by the Village Engineer pursuant to § 395-82C and D of this chapter.
[Amended 5-18-2009 by Ord. No. 09-35]
G.
Stop-work orders. The Village Administrator, Village
Engineer, Village Community Development Director and a Village Building
Inspector shall have the authority to issue stop-work orders with
respect to noncompliance with the installation of any required private
improvements whenever the location, materials, workmanship or manner
of performance is not in accordance with the provisions of this chapter,
other Village ordinances or codes, the development agreement entered
into by and between the divider/developer and the Village, or the
plans and specifications approved by the Village Board.
[Amended 8-3-2020 by Ord. No. 20-22]
H.
Acceptance of private improvements.
[Amended 8-3-2020 by Ord. No. 20-22]
(1)
All private improvements shall be specifically inspected and accepted by the Village Board pursuant to Chapter 405, and such acceptance shall be recorded in the minutes at such time as such private improvements are completed to the satisfaction of the Village and in accordance with the provisions of this chapter, Chapter 405, the approved plans and specifications and the development agreement entered into by and between the divider/developer and the Village and all required inspections have been completed pursuant to the approved plans.
I.
Warranty, indemnification and hold harmless. The divider/developer shall assume the responsibility of designing, constructing, installing and providing the private improvements, and the divider/developer shall warrant all such improvements against defects due to faulty design, materials or workmanship, or due to any failure to comply with the requirements of this chapter, Chapter 405 or with the requirements of the development agreement entered into by and between the divider/developer and the Village, which appear, and of which the divider/developer is notified in writing at the divider's/developer's last known address within the prescribed warranty period as specified in Chapter 405 if the work or materials in question are not incorporated into an improvement accepted by the Village. The divider/developer shall, at its cost, promptly make any repairs or replacements necessary to correct any such defects in a workmanlike manner and to the satisfaction of the Village. The divider/developer shall agree to indemnify the Village, its employees and consulting engineers for and hold the Village, its employees and consulting engineers harmless against the costs of any repairs or replacements required by such defects, any resulting damage to Village property, the costs and expenses of any resulting litigation (including the Village's reasonable attorney fees) and any resulting liability incurred by the Village. Additionally, the divider/developer shall, at its cost, promptly replace any vegetative landscaping elements which die or are removed for any reason within the prescribed warranty period pursuant to Chapter 405 and of which the divider/developer is notified by the Village in writing within such one-year period.
[Amended 8-3-2020 by Ord. No. 20-22]
