A.
Payment for improvements. The improvements prescribed in this chapter
are required as a condition of approval of a land division. The required
improvements described in this chapter shall be installed, furnished
and financed at the sole expense of the land divider. However, in
the case of required improvements in a commercial or industrial area,
the cost of such improvements may, at the sole discretion of the Town
Board, be financed through special assessments.
B.
General standards. The following required improvements in this chapter
shall be designed and installed in accordance with the engineering
standards and specifications which have been adopted or approved by
the Town Board. Where standards and specifications have not been adopted,
the improvements shall be made in accordance with good and accepted
engineering practices. All engineering designs, standards and specifications
must be approved by the Town Engineer prior to the start of any construction.
A.
Contract. Prior to installation of any required improvements and
prior to the meeting at which the final plat or certified survey map
is approved, the land divider shall enter into a written contract,
termed a "developer's agreement," with the Town requiring the land
divider to furnish and construct said improvements at his sole cost
and in accordance with plans and specifications and usual contract
conditions, which shall include provision for inspection and approval
of construction details by the Town Engineer. Note: There are County
and Town provisions that limit the number of residences served by
a private road.
B.
Financial guarantees.
(1)
The developer' s agreement shall require the land divider to make
an escrow deposit or a performance bond or irrevocable letter of credit.
The amount shall be equal to 110 % of the Town Engineer' s estimate
of the total cost of the improvements to be furnished under the contract,
including the cost of inspections and approvals by the Town Engineer.
[Amended 12-9-2020]
(2)
The land divider may construct the project in phases as the Town
Board approves, said approval not being unreasonably withheld. If
the project is to be constructed in phases, the amount of the required
financial guarantees shall be applied and complied with on a phase
by phase basis.
(3)
The land divider shall, upon substantial completion of improvements,
maintain a performance bond or letter of credit in the amount of the
total cost to complete any public improvements plus 10%. Substantial
completion of improvements shall mean when the binder coat is installed
on roads to be dedicated to the Town or when there is no road dedication,
when 90% of public improvements are accepted. The land divider will
be required to maintain this security up to 12 months from the substantial
completion or until the improvements are accepted by the Town.
(4)
If the required improvements are not completed within the specified
period, all amounts held under performance bond, deposit or letters
of credit shall be turned over to the Town of New Glarus and applied
to the cost of the required improvements. Any balance remaining after
such improvements have been made shall be returned to the owner or
land divider.
(5)
The Town Board, at its option, may require extension of the bond,
deposit or letter of credit period for additional periods not to exceed
two years for each additional period.
(6)
The time for completion of the required improvements, and the several
parts thereof, shall be determined by the Town Board upon recommendation
of the Town Engineer. The Town Engineer shall consult with the land
divider regarding the establishment of the time for completion of
the required improvements. The completion date shall be a component
of the developer's agreement. The Town Board may, in its sole discretion,
provide such penalties as it deems appropriate to ensure the timely
completion of the required improvements.
(7)
The land divider shall pay the Town of New Glarus for all costs incurred
by the Town for review, approval and inspection of the subdivision.
Such costs shall include, but not be limited to, the review, and preparation
at the Town Board's sole discretion, of plans and specifications by
the Town Engineer; the review, and preparation at the Town Board's
sole discretion, of legal documents, plans and specifications by the
Town Attorney; as well as all other costs of a similar nature which
are related to the review, approval and inspection of the subdivision.
A.
Engineering reports, construction plans, and specifications.
(1)
At the time of submission of the final plat, engineering reports,
plans and proposed specifications shall be submitted, or, when necessary
for a minor subdivision, upon the filing of a certified survey map,
construction plans for the required improvements conforming in all
respects to the standards established by the Town Engineer and the
ordinances of the Town shall be prepared at the land divider's expense
by a professional engineer who is registered in the State of Wisconsin,
and such plans shall contain the professional engineer's seal. Such
plans, together with the quantities of construction items, shall be
submitted to the Town Engineer for his approval prior to signing the
final plat and for his estimate of the total costs of the required
improvements; upon approval the construction plans shall become part
of the contract required.
(2)
Simultaneously with the filing of the final plat with the Town Clerk,
or, when necessary, upon the filing of a certified survey map, or
as soon thereafter as practicable, copies of the construction plans
and specifications, where applicable, shall be furnished for the following
public improvements, with a copy sent to the appropriate sanitary
district:
(a)
Street plans and profiles showing existing and proposed grades,
elevations and cross sections of required improvements.
(b)
Storm sewer and open channel plans and profiles showing the
locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(c)
Erosion and sedimentation control plans showing those structures
required to retard the rate of runoff water and those grading and
excavating practices that will prevent erosion and sedimentation.
Such plans shall comply with the Town's Erosion and Stormwater Runoff
Control Ordinance (Building Code).
(d)
Additional special plans or information required by the Town
Board, Town Engineer or other parties designated by the Town Board.
B.
Action by the Town Engineer. The Town Engineer shall review or cause
to be reviewed the plans and specifications for conformance with the
requirements of this chapter and other pertinent Town ordinances and
design standards recommended by the Town Engineer and approved by
the Town Board. If the Town Engineer rejects the plans and specifications,
the Town Engineer shall notify the land divider, who shall modify
the plans or specifications or both accordingly. When the plans and
specifications are corrected, the Town Engineer shall approve the
plans and specifications for transmittal to the Town Board. The Town
Board shall approve the plans and specifications before the improvements
are installed and construction commenced.
C.
Construction and inspection.
(1)
Prior to starting any work covered by the plans approved above, written
authorization to start the work shall be obtained from the Town Engineer
upon receipt of all necessary permits and in accordance with the construction
methods of this chapter. Occupancy permits shall not be issued until
all improvements required by this chapter are satisfactorily completed.
(2)
Construction of all improvements required by this chapter shall be
completed within two years from the date of the approval of the preliminary
plat or certified survey map by the Town Board, unless good cause
can be shown for the Town Board to grant an extension. Any request
for an extension of the construction completion date shall be made
in writing to the Town Clerk and shall state the reasons for the requested
extension. The Town Board may, in its sole discretion, grant such
an extension.
(3)
During the course of construction, the Town Engineer shall make such
inspections as the Town Board deems necessary to ensure compliance
with the plans and specifications as approved. The owner shall pay
the actual costs incurred by the Town for such inspections. This fee
shall be the actual costs to the Town of inspectors, engineers and
other parties necessary to ensure satisfactory work.
(4)
Where
requested by the Building Inspector, the owner shall cause to be marked
the cluster envelope in a permanent manner.
[Amended 12-9-2020]
The land divider shall construct streets, roads, and alleys
as outlined on the approved plans based on the requirements of this
chapter.
A.
Street construction standards. The design and construction of all
roads, streets and alleys in the Town shall fully comply with the
requirements and specifications established by the Town of New Glarus.
After applicable utilities have been installed, where required by
the Town, the land divider shall construct, as part of the subdivision,
all required streets.
B.
Completion of street and sidewalk construction.
(1)
Prior to any occupancy permits being issued on lands adjacent to
streets, required street construction in conformance with the developer's
agreement shall be completed by the land divider, inspected and approved
by the Town Engineer, and accepted by the Town Board.
(2)
The Town Board may issue a waiver of these requirements in unusual
or special circumstances such as excessively severe weather conditions,
heavy construction temporarily in area, or construction material shortages
(i.e., cement or asphalt). The issuance of a waiver shall be at the
sole discretion of the Town Board.
(3)
The land divider requesting a waiver shall do so in writing, presenting
such information and documentation as required by the Town Board.
The waiver shall be in written form and shall detail which improvement
requirements are temporarily waived and for what period of time.
C.
Mailbox placement on Town roads and streets. In order to facilitate
the economical delivery of mail and promote public safety, the Town
establishes the following standards to govern the placement and construction
of mailboxes on Town roads and streets. All mailboxes serving new
parcels, and mailboxes constructed to replace existing mailboxes,
shall comply with the standards of this section.
[Amended 12-9-2020]
(1)
Location - typical Town roads and streets: The United States Postal
Service, USPS, may elect to require that all mailboxes be placed on
one side of a road, be clustered in one location, or otherwise placed
to facilitate the delivery of mail. All new mailboxes shall be constructed
at the locations and in the manner directed by the USPS. The USPS
has adopted guidelines for the height of mailboxes and the distance
the mailbox shall be from the edge of the paved surface of the road.
The USPS guidelines are incorporated by reference, including all future
amendments. In the event of a conflict with the other provisions of
this ordinance, the USPS guidelines shall control. The United States
Postal Service, USPS, will determine which side of the street mailboxes
will be located. The USPS has guidelines for height and distance from
the pavement.
(2)
Location - cul-de-sac streets: Where a driveway for a parcel is located
on the bulb portion of a cul-de-sac, the mailbox for that property
shall be clustered with mailboxes for other driveways at a location
approved by the United States Postal Service and the Town Patrolman.
The location of the mailbox cluster may be outside of entry to the
cul-de-sac bulb at a location convenient for winter maintenance of
the roadway.
(3)
No part of the mailbox, including its mounting pole, may be less
than 2 1/2 feet from the edge of the road pavement. Any part
of the mailbox, including mounting pole, must be a minimum of 2 1/2
feet from road pavement. If location is less than 2 1/2 feet,
the Town will not repair or replace the mailbox if damaged by the
snow plow.
(4)
The face of the mailbox shall be no closer than 2 1/2 feet from
the edge of the pavement and the mail box shall be positioned to the
right side of the driveway as you face the property from the road.
The Post Master shall determine what side of the road the mailboxes
are located.
(5)
The Town will reimburse property owners for damage or destruction
of mailboxes only if the mailbox is located at least two feet from
the edge of the pavement, and then, only if the Town concludes, in
its discretion, that the damage resulted from lack of due care by
the Town. The Town will only reimburse for damage or destruction of
mailboxes caused by the Town that comply with this mailbox placement
subsection. This subsection does not apply to county or state highways.
(6)
Mailboxes and their supports shall be constructed of wood, plastic,
aluminum or metal pipes or other materials which will break on impact
with a motor vehicle. Mailboxes may not be constructed on supports
of brick, concrete, heavy wood or other materials which will cause
significant damage in the event of a vehicle collision. All mailboxes
being installed after the adoption of this section must comply with
its requirements.
(7)
This section does not apply to state or county highways, which are
managed by the Green County Highway Department.
A.
Private sewage disposal systems shall comply with the appropriate
provisions of the Wisconsin Statutes, the Wisconsin Administrative
Code and Register and Green County ordinances.
B.
Public sewerage systems established with sanitary districts or connected
to the Village of New Glarus collection and treatment systems shall
comply with Town of New Glarus engineering requirements or Village
of New Glarus ordinances.
C.
Public sanitary sewerage service shall be required at the time of
initial development for land divisions meeting the following criteria:
(1)
Developments that are located within the Agricultural Transition
District (A-T) and are zoned A-T in accordance with the Village of
New Glarus Zoning Map as currently approved; and
(2)
The land division, or last in a series of land divisions, results
in the creation of five or more lots or building sites from the existing
parcel as it was configured on October 13, 1997, including lots created
via separate land divisions and all residences on the parcel before
October 13, 1997.
A.
Pursuant to § 110-33, the land divider shall provide stormwater drainage facilities which may include curb and gutter, catch basins and inlets, storm sewers, road ditches, and open channels, as may be required. Storm sewers are to be of adequate size and grade to hydraulically accommodate the ten-year storm; culverts, stormwater swales and ditches shall be designed to accommodate the ten-year storm and shall be sized so that the twenty-five-year frequency storms do not cause flooding of adjacent arterial or collector streets.
B.
Storm drainage facilities shall be so designed as to minimize hazards
to life or property, and the size, type and installation of all stormwater
drains and sewers proposed to be constructed shall be in accordance
with the plans and specifications approved by the Town Board, upon
the recommendation of the Town Engineer. Storm sewers oversized to
handle runoff from off-site properties will be installed by the land
divider; however, the cost of oversizing above a twenty-four-inch-diameter
storm sewer shall be paid by other users connecting to the system.
A.
The land divider of a subdivision shall cause electrical power and
telephone facilities to be installed in such a manner as to make adequate
service available to each lot in the subdivision.
B.
In all new utility services for major, minor cluster, or large lot
developments, the electrical distribution and service voltage lines,
cable lines, telephone lines which serve the subdivision shall be
underground unless the Town Board specifically allows overhead poles
for the following reasons:
C.
For all new utility services for lots defined pre-ordinance (before
October 13, 1997), the service voltage electrical lines shall be underground.
A.
The land divider shall furnish and install street signs in the subdivision
in such locations as the Town Board may determine. Such signs include
traffic control signs. The Town Board or its designee shall determine
the design and construction standards for all such street signs.
B.
The Town Board, in its sole discretion, may require the land divider
to furnish and install streetlights in such locations as the Town
Board may require. The Town Board or its designee shall determine
the design and construction standards for all such streetlights.
The land divider shall cause all grading, excavations, open
cuts, side slopes, and other land surface disturbances to be mulched,
seeded, sodded or otherwise protected so that erosion, siltation,
sedimentation, and washing are prevented. The land divider shall prepare
and submit an erosion control plan that identifies measures that will
be taken to assure compliance and the minimization of erosion problems
within the land division.
[Amended 8-11-2015; 12-9-2020; 4-12-2023 by Ord. No. 2023-02]
When land that is developed for residential, municipal, or commercial use and abuts upon or is adjacent to land used for agriculture, farming or grazing purposes, the land divider shall, if requested by adjacent landowners, 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 agriculture, farming or grazing purposes, shall be included upon the face of the final plat or certified survey map. Land included in a major subdivision that requires partition fences under § 236.02, Wis. Stats., will be required to construct partition fencing as outlined in § 60.23, Wis. Stats. Details and specifications of these improvements will be included in the developer's agreement (see § 110-20) for the plat or certified survey.
A.
Utility easements. The Town Board, on the recommendation of the appropriate
agencies serving the Town, shall require utility easements for poles,
wire, conduits, storm and sanitary sewers, gas, water and head mains,
or other utility lines. It is the intent of this chapter to protect
all established easements so as to assure proper grade, assure maintenance
of the established grade, prohibit construction of permanent fences
or retaining walls over underground installation and prevent the planting
of trees and shrubbery in the easement area.
B.
Drainage easements.
(1)
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream:
(a)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both; as will be adequate for the
purpose and as may be necessary to comply with this section; or
(b)
The watercourse, drainageway, channel or stream may be relocated
in such a manner that the maintenance of adequate drainage will be
assured and the same provided with a stormwater easement or drainage
right-of-way conforming to the lines of the relocated watercourse
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(2)
Wherever possible, it is desirable that the drainage be maintained
by an open channel with landscaped banks and adequate width for maximum
potential volume flow. In all cases, such watercourse shall be of
a minimum width established at the high-water mark or, in the absence
of such specification, not less than 30 feet. If, in the opinion of
the Town Engineer, the easement will be for a major drainage swale,
the easement shall be of sufficient width to contain one-hundred-year
frequency storm. If the drainage easement is located in an established
floodway or flood-fringe district, the entire floodplain area shall
be included within the drainage easement.
C.
Trail
easements. Developers will work with the Town Board to establish a
multi-use (non-motor) trail easements 15 feet from the Town right-of-way
as identified in the Town of New Glarus Comprehensive Outdoor Recreation
Plan on all new land divisions.
[Amended 12-9-2020[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
C as Subsection D.
D.
Easement locations. Evidence shall be furnished to the Town Board
that easements and any easement provisions to be incorporated in the
plat or in deeds have been reviewed by the individual utility companies
or the organization responsible for furnishing the services involved.
