A.
General requirement.
(1)
In accordance with the authority granted by § 236.13,
Wis. Stats., the Village requires that, as a condition of final plat
or certified survey approval, the subdivider agrees to make and install
all public improvements required by this chapter and that the subdivider
shall provide the Village with surety to ensure that the subdivider
will make the required improvements. As a further condition of approval,
the Village Board requires that the subdivider be responsible for
the cost of any necessary alterations of any existing utilities which,
by virtue of the platting or certified survey map, fall within the
public right-of-way.
(2)
As a condition for the acceptance of public works
and dedication of public rights-of-way, the Village requires that
the public ways have been previously provided with all necessary facilities
constructed to Village specifications, including, but not limited
to, sewerage, storm drainage, water mains and services, grading and
improvement of the streets and other public ways, sidewalks, street
signing, streetlighting and such other facilities required by the
Village Board.
B.
Survey monumentation. Before final approval of any
plat or certified survey within the corporate limits of the Village,
the subdivider shall install monuments placed in accordance with the
requirements of Chapter 236, Wis. Stats., or as may be required by
the Village Engineer. All survey monumentation located adjacent to
street or public rights-of-way, but not located within street pavement,
shall be protected with steel fence posts erected near the survey
monumentation. The Village Board may waive the placing of monuments
for a reasonable time during public improvement construction on condition
that the subdivider executes a surety to insure the placing of such
monuments within the time required. On behalf of the Village, the
Village Clerk is authorized to accept such surety and contracts for
monumentation in an amount approved by the Village Board. Building
permits shall not be issued until all survey monumentation for the
block(s) of lots in which the lot(s) for which building permits are
being applied for within the phase of the land division under development
has been installed. When the land division includes an established
one-half, one-quarter, one-quarter-one quarter or other such section
monument, the established monument shall be preserved and/or fully
restored by the subdivider at his cost.
C.
Grading. Lands shall be graded by the subdivider in
accordance with an approved grading plan and to provide adequate drainage.
D.
Curb and gutter. After the installation of all utility
and stormwater drainage improvements, the subdivider shall construct
concrete curbs and gutters or, if approved by the Village, a system
of ditches and culverts in accordance with plans and standard specifications
approved by the Village Board. The subdivider shall, at his own cost,
install concrete curb and gutter along both sides of all new and existing
streets and boulevards shown on the plat, even if one side of an abutting
street is not within the plat.
E.
Streets.
(1)
General considerations. The streets shall be designed
and located in relation to existing and planned streets, to topographical
conditions and natural terrain features such as streams and existing
tree growth, to public convenience and safety and in their appropriate
relation to the proposed uses of the land to be served by such streets.
(2)
Construction standards. Construction of all streets
shall conform to the current standards as established by the Village
in this chapter and elsewhere and shall be subject to approval of
the Village Engineer before acceptance.
(3)
Conform to Official Map. The arrangement, width, grade
and location of all streets shall conform to the Official Map.
(4)
Street construction. After the installation of all
required utility and stormwater drainage improvements, the subdivider
shall prepare for surfacing all roadways in streets proposed to be
dedicated, to the widths prescribed by these regulations, by placing
crushed rock on the roadways and, in addition, shall surface the street
in a manner and quality consistent with this chapter and plans and
specifications approved by the Village Engineer. Construction shall
be to Village standard specifications for street improvements.
(5)
Connecting street construction. The subdivider shall
be responsible for the construction of all streets outside of the
subdivision which are required in order to connect the subdivision
to an existing completed Village street. This requirement shall be
met regardless of whether or not the underlying street area is owned
by the Village or the Village already has an existing right-of-way
for such street area. The Village Board shall have the discretion
to determine what streets must be constructed for such purpose. Proposed
streets shall extend to the boundary of the tract being subdivided
unless prevented by topography or other physical conditions or unless,
in the opinion of the Village Board and Plan Commission, such extension
is not necessary or desirable for the coordination of the layout of
the subdivision or land division or for the advantageous development
of the adjacent tracts. The subdivider shall assume all costs thereof
and shall construct the required street(s) to the standards of this
chapter. Upon completion and approval by the Village Engineer, the
subdivider shall dedicate such street(s) to the Village if dedication
is required.
(6)
Street cross sections. When permanent rural-type street
cross sections have been approved by the Village, the subdivider shall
finish grade all shoulders and road ditches, install all necessary
culverts at intersections and, if required, surface ditch inverts
to prevent erosion and sedimentation in accordance with plans and
standard specifications approved by the Village Engineer.
F.
Sidewalks.
(1)
Location determination. The Plan Commission and Village
Board shall determine where concrete sidewalks are required.
(2)
Extra-sized sidewalks. Wider-than-standard sidewalks
may be required by the Plan Commission and Village Board in the vicinity
of schools, commercial areas and other places of public assemblage;
and the Plan Commission and Village Board may require the construction
of sidewalks in locations other than along streets if such walks are
necessary, in their opinion, for safe and adequate pedestrian circulation.
H.
Public sanitary sewerage system.
(1)
The subdivider shall pay all the costs of evaluating
the sufficiency of existing downstream sewer capacity, as well as
of all actual sanitary sewer construction, including the bringing
of sanitary sewers of adequate capacity and depth from where they
exist to the land division in question, or replacing existing downstream
sanitary sewers with sewers of larger diameter or greater slope in
order to accept the projected peak discharge from the subdivision,
as well as providing all sanitary sewer work within the land division.
Such required improvements shall be dedicated to the Village upon
such terms and conditions as the Village Board may determine. All
sanitary sewer facilities shall be floodproofed, where applicable.
(2)
Installation shall be required all the way across
each lot, unless, in the judgment of the Village Board, there is not
reasonable likelihood that the sanitary sewer will need to be extended
in the future.
(3)
Where possible, all sewers shall be installed within
street rights-of-way or Village property, and use of easements shall
be minimized.
(4)
Sewerage service lines of the sizes and materials
required by the Village Engineer shall be installed from the sanitary
sewers to the property line of every lot in the subdivision. This
installation shall be coordinated with the installation of sanitary
sewers.
I.
Stormwater management facilities. The subdivider shall
construct stormwater management facilities, including curbs and gutters,
manholes, catch basins and inlets, storm sewers, storm sewer laterals
from the main to the lot line, road ditches, open channels, detention
basins, sedimentation basins and infiltration facilities.
J.
Public water supply facilities.
(1)
The subdivider shall construct public water mains
in such a manner as to make adequate water service available to each
lot within the land division. Extensions of the public water supply
system shall be designed so as to provide public water service to
each lot and required fire flow protection to each hydrant.
(2)
Water mains shall be extended to the boundaries of
the subdivision where streets are extended to the boundaries of the
subdivision.
(3)
The subdivider shall pay all costs of bringing water
mains from where they exist to the land division in question, providing
all water works within the land division and looping the water mains
in all locations deemed important and financially feasible by the
Village Board.
(4)
The subdivider shall provide for a minimum water main
diameter of eight inches and the location of public fire hydrants
along the public streets at not greater than a four-hundred-fifty-foot
spacing for residential areas or a six-hundred-foot spacing for commercial
areas.
(5)
Where possible, all water mains shall be installed
within street rights-of-way or Village property, and use of easements
shall be minimized.
(6)
The rules of the Village's utilities on file with
the Wisconsin Public Service Commission are adopted by reference and
made a part hereof as though fully set forth herein.
K.
Other utilities.
(1)
The subdivider shall cause gas, electrical power,
cable television and telephone facilities to be installed in such
a manner as to make adequate service available to each lot in the
subdivision, certified survey or land division. All new electrical
distribution, television cables and telephone lines from which lots
are individually served shall be underground unless the Village Board,
upon the recommendation of pertinent Village committees or Plan Commission,
specifically allows overhead poles for the following reasons:
(2)
Plans indicating the proposed location of all gas,
electrical power, cable television and telephone distribution and
transmission lines required to service the plat shall be approved
by the appropriate private utilities before easements are defined
on the final plat.
L.
Streetlights. The subdivider shall install streetlights
of a design compatible with the neighborhood and type of development
proposed along all streets proposed to be dedicated. Such lights shall
be placed at each street intersection and at such interior block spacing
as may be required by the Plan Commission and Village Board. All streetlights
shall be constructed to minimize or eliminate, if possible, any upwards
light spillage and light spillage to adjacent properties. Poles and
fixtures shall be submitted to the Village Plan Commission and Village
Board for their approval prior to installation.
M.
Street trees. Street trees shall be planted throughout
all residential land divisions. Such trees shall be planted in the
street terrace, equidistant between the sidewalks and curb or in street
tree easements and no closer than five feet to any electric conduit,
sanitary sewer service, water service or driveway apron. The trees
shall be spaced not more than 75 feet apart, but not closer than 30
feet apart. At street corners, trees shall be located at least 20
feet from the intersection of right-of-way lines. Such trees shall
be "balled and burlaped," with a minimum two-inch trunk caliper measurement
at a point one foot above the ground. Species of trees shall be subject
to Village approval. A street tree planting plan shall be submitted
to the Village for approval.
N.
Street and traffic signs. The subdivider shall arrange
with the Village and pay the costs of providing the street signing
necessary to serve the development. Such signing shall include street
name signs, traffic signs and such temporary barricades and "road
closed" signs as may be required by the Village Engineer or Director
of Public Works until the street improvements have been accepted by
Village Board resolution.
O.
Erosion control. An erosion control plan shall be
submitted to and approved by the Village.
P.
Modification of improvements required. The Village Board may waive or modify any requirement in this section in accordance with the provisions of § 410-32 of this chapter.
Q.
Options. The required public improvements shall be
installed by the subdivider at his cost; or
(1)
The subdivider may petition the Village for the installation
of the required public improvements through the special assessment
B bond process as provided for in § 66.54(10), Wis. Stats.,[1] or another acceptable special assessment process with
the special assessments being payable at the time of lot sale or payable
in a maximum of seven annual installments together with interest.
[1]
Editor's Note: 1999 Act 150 renumbered § 66.54,
in pertinent part, as § 66.0713, Wis. Stats.
(2)
The Village may enter into a recapture agreement with
the subdivider agreeing to require payment of recapture costs of public
improvements from those properties benefiting from the improvements.
The Village shall attempt to prohibit development on those properties
until payment has been made. The subdivider may contract directly
with adjacent property owners and/or subdividers of adjacent land
for reimbursement of the oversize and/or off-site improvements constructed.
A.
Design capacity. All improvements within or entering
or leaving the proposed development shall be installed to satisfy
the service requirements for the entire service or drainage area in
which the subdivision development is located, and the improvements
shall be of sufficient capacity to handle the expected development
of the overall service or drainage area involved.
B.
Extra-size improvements.
(1)
Where sewers larger than eight inches in diameter
or deeper than 12 feet of cover are required solely to serve areas
outside the subdivision, the developer shall be responsible only for
the costs of the sewers necessary to serve the area within the subdivision.
The difference in the costs of the sewers necessary to serve the subdivision
and the costs of the sewers actually installed, as determined by the
Village Engineer, shall be borne by the developer, with the right
of recoupment, without inflation or interest adjustment in the recoupment
amount. The recoupment period shall not be greater than 20 years.
(2)
Where water mains larger than eight inches in diameter
or are required solely to serve areas outside the subdivision, the
developer shall be responsible only for the costs of the water mains
necessary to serve the area within the subdivision. The difference
in the costs of the water mains necessary to serve the subdivision
and the costs of the water mains actually installed, as determined
by the Village Engineer, shall be borne by the developer, with the
right of recoupment, without inflation or interest adjustment in the
recoupment amount. The recoupment period shall not be greater than
20 years.
C.
Off-site extensions. When any public improvements
of adequate capacity are not available at the boundary of proposed
land division, the Village, or its duly authorized representative,
shall require, as a prerequisite to approval of a final plat, assurances
that such improvement extensions shall be provided in accordance with
the following standards:
(1)
Extensions of utilities onto the property involved
shall be adequate to serve the total development requirements of the
service or drainage area. Utilities leaving the property shall be
constructed in such a manner as to make their extension practical
for servicing the adjacent areas of the service or drainage area.
(2)
If the Village, or its duly authorized representative,
find that extensions across undeveloped areas would not be warranted
as a special assessment to the intervening properties or as a governmental
expense until some future time, the developer shall be required, if
he wishes to proceed with the development, to obtain necessary easements
or rights-of-way and construct and pay for such extensions. Such improvements
shall be available for connections by subdividers of adjoining land,
and the subdivider may contract with adjacent property owners and/or
subdividers of adjacent land for reimbursement of the improvements
constructed.
D.
Lift stations/pressure booster stations. Where sanitary sewer lift stations and force mains are required to lift sewage to the gravity system or where water pressure booster stations are required to boost system pressure to acceptable levels, the subdivider shall have plans, profiles, specifications and estimated operation and maintenance costs prepared for the installation of such facilities to the Village Engineer's requirements. Equipment similar to existing Village equipment shall be utilized whenever possible. The installation, inspection supervision and engineering fees for such facilities shall be paid for by the subdivider, subject to recoupment provisions as set forth in § 410-21Q(2). Gravity sanitary sewer service shall be employed whenever determined by the Village Board to be physically and economically feasible.
A.
Commencement. No construction or installation of improvements
shall commence in a proposed subdivision until the preliminary plat
has been approved and the Plan Commission has given written authorization.
B.
Building permits. No building permits shall be issued
for erection of a structure on any lot not of record until all the
requirements of this chapter have been met.
C.
Engineering reports, construction plans and specifications.
Engineering reports shall be submitted simultaneously with the filing
of the preliminary plat. At the final plat or certified survey stage,
construction plans and specifications for the required improvements
conforming in all respects with the recommendations of the Village
Engineer and the ordinances of the Village shall be prepared at the
subdivider's expense by a professional engineer who is registered
in the state, and the plans shall contain his seal. The plans and
specifications shall be accompanied by such supporting calculations
and additional reports as required by the Village Engineer to enable
him to review the plans and specifications. Such plans and specifications,
together with the quantities of construction items, shall be submitted
to the Village Engineer for his approval and for his estimate of the
total cost of the required improvements; upon approval they shall
become a part of the contract required. Simultaneously with the filing
of the final plat or certified survey with the Village Clerk or as
soon thereafter as practicable, copies of the construction plans and
specifications shall be furnished for the following public improvements:
(1)
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations,
grades, sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing
the locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(4)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
(5)
Erosion control and stormwater management plans showing
those structures required to manage runoff and those grading and excavating
practices that will prevent erosion. Such plans shall comply with
the Village's erosion control and stormwater management ordinance,
if applicable.[1]
(6)
Planting plans showing the locations, age, caliper,
species, and time of planting of any grasses, vines, shrubs and trees
on all public properties.
(7)
Additional special plans or information as required
by the Village Plan Commission or Village Board.
D.
General standards. The required public improvements
shall be installed in accordance with the engineering standards and
specifications which have been adopted by the Village Board. Where
standards and specifications have not been adopted, the improvements
shall be made in accordance with established engineering practices,
approved prior to the start of construction by the Village Engineer.
When new or revised standards and/or specifications have been adopted
by the Village, work on public improvements not begun within 12 months
of the date of final plat adoption shall be made to the new or revised
standards and/or specifications. The Village Engineer shall review
and approve the construction plans, specifications and calculations
for the construction of the required public improvements.
E.
Project manager. The developer shall designate a project
manager who shall be readily available during the construction of
the required public improvements. The project manager shall be granted
authority on behalf of the subdivider to make decisions related to
the construction of the required public improvements as they may arise
during the course of the construction. The project manager shall also
be responsible for the scheduling and coordination of the required
work to construct the required improvements. Correspondence with or
verbal orders to the designated project manager shall have the same
authority as with the developer directly.
F.
Developer agreement. The developer shall be required
to enter into an agreement with the Village for land division improvements
agreeing to install improvements as herein provided before final approval
of any plat, certified survey or land division. The agreement form
shall be provided by the Village at the developer's cost and may provide
for a phasing of public improvements construction, providing such
phasing is approved by the Village Board. The Village reserves the
right to control the phasing through limits, sequence and/or additional
surety so as to provide for continuity of streets, sewers, water mains
and other necessary public improvements within and between the phases.
G.
Financial guaranties.
(1)
The developer shall file with the contract, subject
to the approval of the Village Attorney, a certificate of deposit,
irrevocable letter of credit or certified check in an amount equal
to 115% of the estimate of the cost of the improvements, as determined
by the Village Engineer; the filing of surety shall guaranty that
such improvements will be completed by the subdivider or his contractors
not later than 24 months from the date of recording the final plat
or certified survey map. When a certificate of deposit or certified
check is posted as surety, the instrument must be negotiable by the
Village. When a letter of credit is posted as surety, the Village
must be the beneficiary. When the surety is furnished to insure the
construction of required improvements within the extraterritorial
jurisdiction of the Village, it may name the town and the county,
or either of them, as additional obligees, payees or beneficiaries.
(2)
When the land is situated within the extraterritorial
jurisdiction of the Village, the developer shall, at the time the
agreement is entered, furnish a certificate of deposit, irrevocable
letter of credit or certified check to the Village in an amount equal
to 115% of the estimated cost of all required improvements as determined
by the Village Engineer, excepting the costs to be paid through special
assessments or by the Village.
(3)
Improvements in phases.
(a)
The developer may elect, with the approval of
the Village, to install the improvements in construction phases, provided
that:
[1]
The phases are specified in the agreement for
land division improvements;
[2]
The developer submits surety in an amount equal
to 115% of the estimated costs of improvements for the first stage
as determined by the Village Engineer. Improvements constructed during
the first stage and each successive stage of construction shall not
be accepted nor shall any building permit be issued for construction
within the completed area of the subdivision or comprehensive development
until the surety required for the next stage of construction has been
posted with the Village.
[3]
The developer records deed restrictions approved
by the Village which specify that the lots which are included in future
construction phases of the land division will not be transferred or
sold unless the Village's approval is obtained;
[4]
The developer minimizes grading and other disturbances
to lands included in future construction phases in order to prevent
erosion; and
[5]
Erosion control and stormwater management plans
and measures submitted and approved herein shall address the individual
phases of construction.
(b)
The time limit for completion of a phased improvement
program shall take into account the needs and desires of the Village
and adjacent property owners for street and other improvements to
serve lands adjacent to and within the land division.
(4)
As work progresses on installation of improvements constructed as part of the contract, the Village Engineer, upon written request from the developer from time to time, is authorized to recommend to the Village Board of Trustees a reduction in the amount of surety as hereinafter provided. When portions of construction (water, sanitary sewer, street, sidewalk, stormwater management or other improvements) are completed by the subdivider and determined acceptable by the Village Engineer, the Village Board of Trustees, upon submission of lien waivers by the subdivider's contractors, may reduce the amount of surety. The amount of surety remaining shall be equal to 115% of the estimate of the Village Engineer of costs of work remaining to be completed and accepted and to insure performance of the one-year guaranty as specified in Subsection D of this section against defects in workmanship and materials on work accepted. When the work on the major components of construction has been substantially completed, except for work which cannot be completed because of weather conditions or other reasons which, in the judgment of the Village Engineer, are valid for noncompletion, the Village Board of Trustees may accept a reduction in the amount of surety to an amount in the estimate of the Village Engineer, sufficient to cover the work remaining to be completed, including performance of the one-year guaranty period against defects in workmanship and materials. As a further guarantee that all obligations under the agreement for work on the development are satisfied, the contractor and subcontractors who are to be engaged in the construction of utilities or street improvements on the street rights-of-way to be dedicated shall be approved for such work by the Village Engineer prior to commencing construction. The Village Board, at its option, may extend the surety period for additional periods not to exceed one year each.
(5)
The subdivider shall agree in the development agreement
to pay all Village legal fees, Village engineering fees, Village administrative
fees, street, sidewalk, sanitary sewer assessments, water main assessments,
and other Village costs related to the development.
H.
Waiver of special assessment notice and hearing. The
subdivider shall file with the contract, subject to the approval of
the Village Attorney, a waiver of special assessment notices and hearings
such that the subdivider, his heirs and assigns (including purchasers
of property from the subdivider) waive notice and hearing for and
authorize the assessment for any and all of the required public improvements
in phases of the land division intended for future development in
accordance with Wisconsin Statutes.
I.
Improvement guaranty. The developer shall include
in the agreement an instrument of public improvement guaranty by irrevocable
letter of credit, certified check, or cash escrow deposit whereby
an issuer acceptable to the Village guarantees maintenance, repair,
replacement by the developer of the public improvements which deteriorate
or fail to meet performance or operating standards during the term
of the guaranty plus two months or any penalties which may be incurred
as a result thereof, equal to 15% of the Village Engineer's estimate
of the cost of the public improvements. If, within one year after
the date of final acceptance of any public improvement by the Village
Board (or such longer period of time as may be prescribed by laws
or regulations or by the terms of any special guaranty required by
the terms of the agreement as may be necessary due to the phasing
of the construction of public improvements), any work on any public
improvement is found to be defective, the subdivider shall remove
it and replace it with nondefective work in accordance with written
instructions given by the Village Engineer. If the developer does
not promptly comply with the terms of such instructions or in an emergency
where delay would cause serious risk of loss or damage, the Village
may cause the removal and replacement of the defective work and charge
all direct, indirect and consequential costs of such removal and replacement
to the improvement guaranty instrument.
J.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans
approved above, written authorization to start the work shall be obtained
from the Village Engineer upon receipt of all necessary permits and
in accordance with the construction methods of this chapter. Building
permits shall not be issued until all improvements required by this
chapter, except for the surface course of asphalt on the streets,
are satisfactorily completed.
(2)
During the course of construction, the Village Engineer
shall make such inspections as he or the Village Board deems necessary
to ensure compliance with the plans and specifications as approved.
The Village Board may choose to place a Village-employed resident
inspector on the project. The owner shall pay the actual cost incurred
by the Village for such inspections. This fee shall be the actual
cost to the Village of inspectors, engineers and other parties necessary
to ensure satisfactory work.
K.
Boundary fences. When the land included in a subdivision
plat or certified survey map abuts upon or is adjacent to land used
for farming or grazing purposes, the subdivider shall erect, keep
and maintain partition fences, satisfying the requirements of the
Wisconsin Statutes for a legal and sufficient fence between such land
and the adjacent land. A covenant binding the developer, its grantees,
heirs, successors and assigns to erect and maintain such fences, without
cost to the adjoining property owners, so long as the land is used
for farming or grazing purposes, shall be included upon the face of
the final plat or certified survey map.
L.
Existing flora.
(1)
The subdivider shall make every effort to protect
and retain all existing trees, shrubbery, vines, and grasses not actually
lying in public roadways, drainageways, paths and trails.
(2)
Such trees are to be protected and preserved during
construction in accordance with sound conservation practices, including
the preservation of trees by well islands or retaining walls whenever
abutting grades are altered.
M.
Action by Village Engineer. The Village Engineer shall
review or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent Village
ordinances and design standards recommended by the Village Engineer
and approved by the Village Board. If the Village Engineer rejects
the plans and specifications, he shall notify the owner, who shall
modify the plans or specifications or both accordingly. When the plans
and specifications are corrected, the Village Engineer shall approve
the plans and specifications for transmittal to the Village Board.
The Village Board shall approve the plans and specifications before
the improvements are installed and construction commenced.
N.
Record plans. After completion of all public improvements
and prior to final acceptance of the improvements, the developer shall
make or cause to be made two copies of record plans showing the actual
"as-built" location of all valves, manholes, stubs, sewers and water
mains, sewer and water service laterals and such other facilities
as the Village Engineer shall require and as-built grading plans showing
elevations at all lot corners and high points between lot corners.
These plans shall be provided as paper copies and in digital format
compatible with the latest version of AutoCAD. The paper copies shall
bear the signature and seal of a professional engineer registered
in Wisconsin. The submittal and review and approval by the Village
of the record plans shall be a condition of final acceptance of the
improvements and release of the surety assuring their completion.
Such plans shall be filed with the Village Clerk.
O.
Acceptance of improvements. The dedication of any
improvements, utilities, streets, parks, easements, rights-of-way
or other lands or rights to the Village or the public shall not be
considered accepted by the Village for public ownership until such
time as the required public improvements within the intended dedication
or necessary because of the intended dedication, have been completed
and accepted by the Village Board by adoption of a resolution accepting
such dedication. Improvements shall be dedicated to the Village free
and clear of any encumbrances. The developer shall be responsible
for and liable for the maintenance, safety and operation of all required
public improvements until such time as the improvements are accepted
by the Village Board by resolution. In the event the Village must
take measures to maintain, operate or make safe a public improvement
existing or required as a result of the land division but which has
not yet been accepted by the Village, the costs of such measures shall
be determined to be Village-incurred costs to be reimbursed to the
Village by the developer in accordance with the provisions of this
chapter.
P.
Inspection and certification of improvements.
(1)
After any of the following increments of the required
improvements have been installed and completed, the developer shall
notify the Village Engineer, in writing, that the work is complete
and ready for final inspection, shall file reproducible record drawings
of the completed improvements and shall file lien waivers or affidavits,
in a form acceptable to the Village Engineer and approved by the Village
Attorney, evidencing that there are no claims, actions or demands
for damages, based upon contract or tort arising out of or in any
way related to the project and that no monies are owed to any surveyor,
mechanic, contractor, subcontractor, materialman or laborer after
all required improvements have been installed. Acceptance of the improvements
may be requested in the following increments:
(a)
Sewer mains and services (either storm or sanitary)
once the street base course above has been completed;
(b)
Water mains and services once the street base
course above has been completed;
(c)
Streets comprised of all grading, gravel, curb
and gutter, culverts and paving;
(d)
Other miscellaneous appurtenances to the above
increments such as sidewalks, bikeways, streetlighting, street signing,
etc.
(2)
The Village Clerk shall certify that there are no
unpaid taxes or unpaid special assessments on any of the lands included
in the area of acceptance and shall prepare a final billing for engineer,
inspection and legal fees and submit it to the subdivider for payment.
The Village Engineer shall conduct any necessary final inspections
of the improvements and forward a report to the Village Clerk recommending
either approval or disapproval. When the engineering, inspection,
taxes, special assessments and legal fees have been paid and when
the necessary lien waivers and affidavits have been filed, the report
of the Village Engineer, together with the recommendation of the Village
Clerk, shall be forwarded to the Village Board for approval and acceptance
of the improvements and dedications.
