A.
General requirement.
(1)
In accordance with the authority granted by § 236.13,
Wis. Stats., the City of Weyauwega hereby requires that, as a condition
of final plat or certified survey approval, the subdivider agree to
make and install all public improvements required by this chapter
and that the subdivider shall provide the City with security, of the
City's choice, to ensure that the subdivider will make the required
improvements. As a further condition of approval, the City Council
hereby requires that the subdivider be responsible for the cost of
any necessary alterations of any existing utilities which, by virtue
of the platting or certified survey map, fall within the public right-of-way.
(2)
As a condition for the acceptance of dedication of
public rights-of-way, the City may require, at the City's choice,
that the public ways have been previously provided with all necessary
facilities constructed to City 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
City Council.
B.
Options.
(1)
The required public improvements shall be installed
by the subdivider at his/her cost or the subdivider may petition the
City for the installation of the required public improvements through
the special assessment B bond process as provided for in § 66.0713(4),
Wis. Stats., 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.
(a)
The City may enter into a recapture agreement
with the subdivider agreeing to require payment of recapture costs
of public improvements from those properties benefitting from the
improvements. The City shall 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.
(b)
In addition to the above, the City may enter
into an agreement to reimburse the subdivider, at the end of the seven-year
period, for his/her cost (at the time of construction) of those oversized
improvements constructed within the proposed land division but which
are oversized to serve lands beyond the boundaries of the land division
or other lands within the subdivider's control and which have not,
during the seven-year period, been reimbursed to the subdivider. Said
payment shall be only for the actual additional cost of constructing
the oversized improvements within the boundaries of the land division
and shall not provide for payment of any interest. The City shall
then establish special assessments against those benefitting properties
outside the proposed land division boundaries or the subdivider's
control for those costs. To be eligible to proceed under this provision,
the land division must occur within development areas identified in
the City's Comprehensive Plan or other adopted comprehensive development
or public facilities plan.
(2)
Any workable combination of the above may be determined
by the City Council as acceptable.
(3)
If the City finds that City construction of such public
improvements 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/she wishes to proceed
with the development, to obtain necessary easements or right-of-way
and construct and pay for such public improvement extensions.
C.
General standards. The required public improvements
shall be installed in accordance with the engineering standards and
specifications which have been adopted by the City Council. 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 City Engineer.
When new or revised standards and/or specifications have been adopted
by the City, work on public improvements not begun within 18 months
of the date of final plat adoption shall be made to the new or revised
standards and/or specifications. The City Engineer shall review and
approve the construction plans, specifications and calculations for
the construction of the required public improvements.
D.
Project manager. The subdivider shall designate a
project manager who shall be readily available on the project site
during the construction of the required public improvements. The project
manager shall be granted authority on behalf of the subdivider to
make decisions related to the construction of the required public
improvements as they may arise during the course of the construction.
The project manager shall also be responsible for the scheduling and
coordination of the required work to construct the required improvements.
Correspondence with or verbal orders to the designated project manager
shall have the same authority as with the subdivider directly.
A.
Contract. The City may require that the subdivider
enter into a contract with the City for land division improvements
agreeing to install improvements as herein provided before final approval
of any plat, certified survey or land division. The contract form
shall be provided by the City and may provide for phasing of public
improvements construction, provided that such phasing is approved
by the City Council. The City 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.
B.
Financial guarantees.
(1)
The subdivider shall file with said contract, subject
to the approval of the City Attorney, a bond, a certificate of deposit,
irrevocable letter of credit or certified check in an amount equal
to 110% of the estimate of the cost of the improvements, as determined
by the City Engineer; said filing of surety shall guarantee that such
improvements will be completed by the subdivider or his contractors
not later than 18 months from the date of recording the final plat
or certified survey map. When a certificate of deposit or certified
check is posted as security, the instrument must be negotiable by
the City. When a letter of credit is posted as security, the City
must be the beneficiary.
(2)
However, the subdivider may elect, with the approval
of the City, to install the improvements in construction phases, provided
that:
(a)
The phases are specified in the contract for
land division improvements;
(b)
The developer submits surety in an amount equal
to 110% of the estimated costs of improvements next required by the
installation and construction schedules as determined by the City
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 security
required for the next stage of construction has been posted with the
City;
(c)
The developer records deed restrictions approved
by the City Attorney which specify that the lots which are included
in future construction phases of the land division will not be transferred
or sold unless the City's approval is obtained;
(d)
The subdivider minimizes grading and other disturbances
to lands included in future construction phases in order to prevent
erosion; and
(e)
Erosion control plans and measures submitted
and approved herein shall address the individual phases of construction.
(3)
The time limit for completion of a phased improvement
program shall take into account the needs and desires of the City
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 City Engineer, upon written request from the subdivider from time to time, is authorized to recommend to the City Administrator a reduction in the amount of surety as hereinafter provided. When portions of construction (water, sanitary sewer, street, sidewalk, greenway or other improvements) are completed by the subdivider and determined acceptable by the City Engineer, the City Administrator is authorized, in his/her sole discretion, upon submission of lien waivers by the subdivider's contractors, to reduce the amount of surety. The amount of surety remaining shall be equal to 110% of the estimate of the City Engineer of costs of work remaining to be completed and accepted and to insure performance of the one-year guarantee as specified in Subsection D below 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 City Engineer, are valid for noncompletion, the City Administrator is authorized, in his/her sole discretion, to accept a reduction in the amount of surety to an amount, in the estimate of the City Engineer, sufficient to cover the work remaining to be completed, including performance of the one-year guarantee period against defects in workmanship and materials. As a further guarantee that all obligations under contract for work on the development are satisfied, the contractor and subcontractors who are to be engaged in the construction of utilities or street improvements on the street right-of-way to be dedicated shall be approved for such work by the City Engineer prior to commencing construction. The City Council, at its option, may extend the bond period for additional periods not to exceed one year each.
(5)
Governmental units to which these bond and guarantee
provisions apply may, in lieu of said contract or instrument of guarantee,
file a resolution or letter from officers authorized to act in their
behalf agreeing to comply with the provisions of this section.
(6)
The subdivider shall agree in the development contract
to pay all City legal fees, City engineering fees, City administrative
fees, and street and sidewalk assessments, specifically all area charges
for sanitary sewer mains and all water main assessments, including
where the land division abuts existing streets which are not improved
within the City standard street improvements (including but not limited
to curb and gutter, local storm sewer, sidewalks and a bituminous
pavement).
C.
Waiver of special assessment notice and hearing. The
subdivider shall file with said contract, subject to the approval
of the City Attorney, a waiver of special assessment notices and hearings
such that the subdivider, his/her 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 § 66.0703(7)(b), Wis. Stats.
D.
Improvement guarantee. The subdivider shall include
in said contract an instrument of public improvement guarantee by
irrevocable letter of credit, certified check, cash escrow deposit,
or performance bond whereby a bonding company (with assets exceeding
$10,000,000 and authorized to do business in the State of Wisconsin)
guarantees maintenance, repair, and replacement by the developer of
said public improvements which deteriorate or fail to meet performance
or operating standards during the bond term, or any penalties which
may be incurred as a result thereof, equal to 15% of the City 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
City Council (or such longer period of time as may be prescribed by
laws or regulations or by the terms of any special guarantee required
by the terms of said contract as may be necessary due to the phasing
of the construction of public improvements) any work on any public
improvement is found to be defective, the subdivider shall remove
it and replace it with nondefective work in accordance with written
instructions given by the City Engineer. If the subdivider does not
promptly comply with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage, the City may
cause the removal and replacement of said defective work and charge
all direct, indirect and consequential costs of such removal and replacement
to the performance bond or improvement guarantee instrument.[1]
A.
Engineering reports, construction plans and specifications. As required by § 520-11, 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 to the standards of the City Engineer and the ordinances of the City shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his seal. Said plans and specifications shall be accompanied by such supporting calculations and reports as required by the City Engineer to enable him/her to review the plans and specifications. Such plans and specifications, together with the quantities of construction items, shall be submitted to the City 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 City Administrator or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements:
(1)
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations,
grades, sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing
the locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(4)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
(5)
Erosion and sedimentation control plans showing those
structures required to retard the rate of runoff water and those grading
and excavating practices that will prevent erosion and sedimentation.
Such plans shall comply with the City's Erosion Control Chapter (Building
Code), if applicable.[1]
(6)
Planting plans showing the locations, age, caliper,
species and time of planting of any required grasses, vines, shrubs
and trees.
(7)
Additional special plans or information as required
by City officials.
B.
Action by the City Engineer. The City Engineer shall
review or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent City ordinances
and design standards recommended by the City Engineer and approved
by the City Council. If the City Engineer rejects the plans and specifications,
he/she shall notify the owner, who shall modify the plans or specifications,
or both, accordingly. When the plans and specifications are corrected,
the City Engineer shall approve the plans and specifications for transmittal
to the City Council. The City Council shall approve the plans and
specifications before the improvements are installed and construction
commenced.
C.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans
approved above, written authorization to start the work shall be obtained
from the City 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 up through concrete
curb and gutter are satisfactorily completed.
(2)
During the course of construction, the City Engineer
shall make such inspections as he/she or the City Council deems necessary
to ensure compliance with the plans and specifications as approved.
The owner shall pay the actual cost incurred by the City for such
inspections. This fee shall be the actual cost to the City of inspectors,
engineers and other parties necessary to ensure satisfactory work.
D.
Record plans. After completion of all public improvements
and prior to final acceptance of said improvements, the subdivider
shall make or cause to be made two copies of record plans showing
the actual as-built location of all valves, manholes, stubs, sewers
and water mains and such other facilities as the City Engineer shall
require. These plans shall be prepared on the original Mylars of the
construction plans and shall bear the signature and seal of a professional
engineer registered in Wisconsin. The presentation of the record plans
shall be a condition of final acceptance of the improvements and release
of the surety bond assuring their completion. Such plans shall be
filed with the City Administrator.
The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 520-39 and 520-40:
A.
General considerations. The streets shall be designed
and located in relation to existing and planned streets, to topographical
conditions and natural terrain features such as streams and existing
tree growth, to public convenience and safety, and in their appropriate
relation to the proposed uses of the land to be served by such streets.
B.
Construction standards. Construction of all streets
shall conform to the current standards as established by the City
in this chapter and elsewhere and shall be subject to approval of
the City Engineer before acceptance.
C.
Conform to Official Map. The arrangement, width, grade
and location of all streets shall conform to the Official Map.
D.
Survey monumentation. Before final approval of any
plat or certified survey within the corporate limits of the City,
the subdivider shall install monuments placed in accordance with the
requirements of Ch. 236, Wis. Stats., or as may be required by the
City 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 City Engineer 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 City, the City Administrator
is authorized to accept such surety bonds and contracts for monumentation
in an amount approved by the City Engineer. Building permits shall
not be issued until all survey monumentation for the block(s) of lots
in which the lot(s) for which building permits are being applied for
within the 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 such other section monument, the established
monument shall be preserved and/or fully restored by the subdivider
at his cost.
E.
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 said roadways and, in addition, shall surface said
street in a manner and quality consistent with this chapter and plans
and specifications approved by the City Engineer. Construction shall
be to City standard specifications for street improvements.
F.
Street cross sections. When permanent street cross
sections have been approved by the City, 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 City Engineer.
In any subdivision or minor subdivision, the
City Council shall require the subdivider to construct concrete curb
and gutter in accordance with plans and standard specifications approved
by the City Council, upon the recommendation of the City Engineer.
Concrete curb and gutter shall be installed when deemed necessary
for erosion control, surface water drainage or runoff management.
Wherever possible, provision shall be made at the time of construction
for driveway access curb cuts. The cost of installation of all inside
curbs and gutters for dual roadway pavements on the established arterial
street and highway system for the City shall be borne by the City.
Where required, the subdivider shall install concrete curb and gutter
along both sides of all streets and boulevards shown on the plat.
The cost of the curb and gutter, required inspection, supervision
and engineering fees shall be paid for by the subdivider.
A.
Specifications. In all subdivisions, the City Council shall require subdividers to construct a concrete sidewalk on both sides of all streets, unless waived by action of the City Council. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the City Council, upon the recommendation of the City Engineer. All required sidewalks shall satisfy the design specifications in § 419-5.
B.
Extra-sized sidewalks. Wider-than-standard sidewalks
may be required by the City Council in the vicinity of schools, commercial
areas and other places of public assemblage, and the City Council
may require the construction of sidewalks in locations other than
required under the preceding provisions of this chapter if such walks
are necessary, in its opinion, for safe and adequate pedestrian circulation.
C.
Location. The subdivider shall be required to provide
sidewalks and bikeways to City specifications as follows:
(1)
Sidewalks and bikeways shall normally be located as
far from the traffic lane as is possible, but not closer than six
inches to the right-of-way line. Where, as a result of such major
obstructions as large and established trees, steep hills, drainageways,
or major utility lines, the construction costs of the sidewalk or
bikeway in its normal location would be prohibitive, sidewalks or
bikeways may be located elsewhere within the street right-of-way,
or within an easement, with the approval of the City Engineer.
(2)
Sidewalks and bikeways constructed at street intersections
or within five feet of a legal crosswalk shall include provisions
for curb ramping as required by § 66.0909, Wis. Stats.,
and in accordance with City standards.
(3)
In all cases where the grades of sidewalks or bikeways
have not been specifically fixed by ordinance, the sidewalks and bikeways
shall be laid to the established grade of the street [reference § 66.0907(2),
Wis. Stats.].
D.
Bikeways.
(1)
Bikeways shall be designed to serve both pedestrian
and bicycle traffic in areas where the majority of the adjoining lots
do not have frontage on or access to the street and are not being
served by a bikeway or in high traffic areas. In general, those lots
which do not front or have access on the street in question are not
the generating or terminating point for the pedestrian or bicycle
traffic.
(2)
More specifically, bikeways shall be designed to transport
the majority of pedestrian or bike traffic through the area as opposed
to serving the adjoining lots as a sidewalk does.
(3)
Bikeways shall not be installed in lieu of sidewalks.
However, where permitted by City ordinance, persons may ride a bicycle
upon public sidewalks.
A.
When public sanitary sewerage facilities are available
to the subdivision plat, the subdivider shall construct sanitary sewerage
facilities in such a manner as to make adequate sanitary sewerage
service available to each lot within the subdivision. All sanitary
sewers shall be in accordance with Ch. NR 110, Wis. Adm. Code. The
subdivider shall pay all the costs of all sanitary sewer work, including
the bringing of the sanitary sewer of adequate capacity and depth
from where it exists to the land division in question as well as providing
all sanitary sewer work within the land division. Such required improvements
shall be dedicated to the City upon such terms and conditions as the
City Council may determine.
B.
Installation.
(1)
Sanitary sewers, including all related items (manholes, wyes, tees, stubs for future extensions, etc.), shall be installed meeting the specifications and requirements of the City. Installation shall be required all the way across each lot. Where sewers larger than 10 inches in diameter are required solely to serve areas outside the subdivision, the landowner 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 City Engineer, shall be borne by the developer, with the right of recoupment, without inflation or interest adjustment in the recoupment amount (see § 520-35).
(2)
In addition, the subdivider shall pay to the City
a sanitary sewer connection fee based on the added cost of installing
larger sewers and lift stations in the total tributary drainage area
which shall be prorated in proportion to the ratio which the total
area of the proposed plat is to the total drainage area to be served
by such larger sewers.
(3)
The subdivider shall install sanitary sewers in accordance
with this Code and specifications of the City Council, upon the recommendation
of the City Engineer, when it is determined that the proposed subdivision
lies within a public sanitary sewer service area and sanitary sewer
facilities are programmed to be extended to the proposed subdivision
within six years. Until such time as the public sewers within the
subdivision can be connected to the community public sewer system,
they shall be temporarily capped. No private or public use shall be
connected to the sewers within the subdivision until such sewers are
connected to the larger community system. The subdivider shall indicate
on the face of the plat that the owner of private uses within the
subdivision shall connect such uses to the sewers in the subdivision
at the time such sewers are connected to the community sewer system
and that the City is held harmless for any damages or costs incurred
to disconnect and abandon any on-site sanitary sewer disposal system
then in place and any costs associated with connection to the public
sewer mains.
C.
The subdivider shall construct sanitary sewers in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. Where public sanitary sewers of adequate capacity are determined by the City Engineer to be available, extensions of the public sanitary sewer system shall be made so as to provide sewer service to each lot. Gravity sanitary sewers shall be extended to the land division and to each buildable lot in accordance with City comprehensive sanitary sewer plans as determined by the City Engineer. Sewerage service lines of the sizes and materials required by the Plumbing Inspector shall be installed from the sanitary sewers to the property line of every lot in the subdivision. This installation will be coordinated with the installation of sanitary sewers. The City Council shall require the installation of sewer laterals to the street lot line for residential lots. The size, type and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and standard specifications approved by the City Engineer. The latest revision of the Standard Specifications for Sewer and Water Construction in Wisconsin shall govern all work. All sanitary sewer and sanitary sewer lateral trenches within proposed streets shall be backfilled with granular material meeting the requirements of the Standard Specifications and/or Chapter 419, Article II of this Code of Ordinances, whichever is more restrictive. All sanitary sewer facilities shall be floodproofed.
D.
The ends of the services for each lot shall be accurately
measured and recorded with the City Engineer and marked in the field
with appropriate staking.
A.
Responsibilities of subdivider.[1]
(1)
When public water supply and distribution facilities
are available, as determined by the City Council, to the subdivision
plat or land division, or when it is proposed to establish a private
water supply and distribution system to serve two or more lots, the
subdivider shall cause such water supply and distribution facilities
to be installed in such a manner as to make adequate water service
available to each lot within the subdivision. There shall be provided
a water supply system in conformity with the master plan of the water
system as approved by City utilities. The subdivider shall install
and connect City water to serve all lots subject to specifications
and inspection by City utilities and the State of Wisconsin. Such
required improvements shall be dedicated to the City upon such terms
and conditions as the City Council may determine. The subdivider shall
pay all costs of connecting adequate City water, including 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 City Engineer. 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. Fire hydrants which have not passed testing or have not been
operationalized shall be covered with securely attached bags to preclude
their being inadvertently used by the Fire Department in an emergency
situation.
(2)
The subdivider shall be responsible for the installation,
and cost thereof, of public water supply facilities. Plans for such
water facilities shall be approved by the City Engineer. Supervision
and engineering fees shall be paid for by the subdivider.
(3)
Unless otherwise excepted by the City Engineer, water
mains shall not be located within five feet of other underground utilities.
(4)
Where water mains larger than 10 inches in diameter
are required solely to serve areas outside the subdivision, the landowner
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 City Engineer,
shall be borne by the developer, with the right of recoupment, without
inflation or interest adjustment in the recoupment amount. Installation
shall be required all the way across each lot.
B.
Requirements.
(1)
The subdivider shall construct water mains in such
a manner as to make adequate water service available to each lot within
the land division. Extensions of the public water supply system shall
be designed so as to provide public water service to each lot and
required fire flow protection to each hydrant. The size, type and
installation of all public water mains proposed to be constructed
shall be in accordance with plans and standard specifications approved
by the City Engineer.
(2)
The City Council shall require the installation of
water laterals to the street lot line.
(3)
The subdivider shall assume the cost of installing
all water mains, water laterals and water system appurtenances within
the proposed subdivision necessary to provide adequate flow and pressure,
as determined by the City Engineer. Where water mains larger than
necessary to provide adequate flow and pressure are required to serve
areas beyond the proposed subdivision, the difference in costs, as
determined by the City Engineer, shall be borne by the developer,
with the right of recoupment, without inflation or interest adjustment
in the recoupment amount.
(4)
The subdivider shall install water mains in accordance
with this Code and specifications of the City Engineer when it is
determined that the proposed subdivision lies within a public sanitary
sewer service area and water main facilities are programmed to be
extended to the proposed subdivision within six years. Until such
time as the public water mains within the subdivision can be connected
to the larger community water supply system, they shall be temporarily
capped. No private or public use shall be connected to the water mains
within the subdivision until such water mains are connected to the
larger community water supply system. The subdivider shall indicate
on the face of the plat that the owner of private uses within the
subdivision shall connect such uses to the water mains within the
subdivision and that the City is held harmless for any damages or
costs incurred to disconnect and abandon any on-site water supply
system then in place and any costs associated with connection to the
public water mains.
Pursuant to § 520-43, the subdivider shall provide stormwater drainage facilities which include curb and gutter, manholes, catch basins and inlets, storm sewers, storm sewer laterals from the main to the lot line, road ditches and open channels, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, the type of facility required, the design criteria and the sizes and grades to be determined by the City Engineer. Such required improvements shall be dedicated to the City upon such terms and conditions as the City Council may determine.
A.
Underground installation; notice prior to maintenance
or repair.
(1)
Insofar as possible, all utilities, including but
not limited to natural gas, telephone, cable television, electric,
and water service, shall be installed underground with an affidavit
by the subdivider that the maintenance of said public improvements
will be guaranteed by the subdivider due to use of the improvements
by purchasers and construction traffic.
(2)
Prior to any maintenance, repair or replacement being
performed by the developer during the bond period, it shall notify
the City Engineer at least one workday prior to the doing of the work
and obtain approval of the City Engineer as to the nature and manner
of work to be done.
B.
The subdivider shall cause gas, electric power, cable
television and telephone facilities to be installed in such a manner
as to make adequate service available to each lot in the subdivision,
certified survey or land division. All new electrical distribution,
television cables and telephone lines from which lots are individually
served shall be underground unless the City Council, upon the recommendation
of pertinent City utilities or Plan Commission, specifically allows
overhead poles for the following reasons:
C.
Plans indicating the proposed location of all gas,
electrical power, cable television and telephone distribution and
transmission lines required to service the plat shall be provided
by the appropriate private utilities.
The City Council shall require the subdivider
to install streetlamps within 18 months of the City's approval of
the project along all streets proposed to be dedicated of a design
compatible with the neighborhood and type of development proposed.
Such lamps shall be placed at each street intersection and at such
interior block spacing as may be required by the City Engineer.
A.
The subdivider shall pay the costs of providing the
street signing necessary to serve the development. Such signing shall
include street name signs, traffic control signs, and such temporary
barricades and "road closed" signs as may be required by the City
Engineer or Supervisor of Public Works until the street improvements
have been accepted by City Council resolution.
B.
The Supervisor of Public Works shall have the authority
to impose any restrictions to traffic on street improvements not yet
accepted by the City as he/she may deem necessary to protect the improvements
from damage and to protect the safety of the public. Such restrictions
shall include, but not be limited by enumeration to, weight restrictions,
street closings, access restrictions, or the posting of temporary
traffic control measures.
The subdivider shall cause all gradings, 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, in compliance with City ordinances.[1] The subdivider shall submit an erosion control plan that
specifies measures that will be taken to assure the minimization of
erosion problems.
When the land included in a subdivision plat
or certified map abuts upon or is adjacent to land used for farming
or grazing purposes, the subdivider shall erect, keep, and maintain
partition fences, satisfying the requirements of 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. Rear yard fences shall not be permitted
on zero lot line lots.
A.
Utility easements. The City Council, on the recommendation of appropriate departments, utilities and agencies serving the City, shall require utility easements for poles, wires, conduits, storm and sanitary sewers, gas, water and head mains or other utility lines. It is the intent of this chapter to protect all established easements so as to assure proper grade, assure maintenance of the established grade, prohibit construction of permanent fences or retaining walls over underground installation and prevent the planting of trees in the easement area. All such utilities shall be installed underground, as required in § 520-29.
C.
Easement locations.
(1)
Utility easements shall be at least 15 feet wide,
unless the utilities, in writing, approve a narrower width, and may
run across lots or alongside of rear lot lines. Such easements should
preferably be located along rear lot lines. Evidence shall be furnished
the City that easements and any easement provisions to be incorporated
in the plat or in deeds have been reviewed by the individual utility
companies or the organization responsible for furnishing the services
involved.
(2)
All easements dedicated on final plat or certified
survey maps for poles, cables or conduits for electricity, telephone
or other private utility lines shall be noted thereon as "Utility
Easement." All easements for storm and sanitary sewers, water and
force mains, pedestrian walks and other public purposes shall be noted
thereon as "Public Easement for" followed by reference to the use
or uses for which they are intended.
D.
Deed restrictions for easements. Deed restrictions
shall accompany each final plat or certified survey map and shall
be filed in the office of the Register of Deeds. In addition to whatever
else may be contained therein, such restrictions shall describe the
location and width of utility and public easements which are being
established; a description by reference to the final plat or certified
survey map shall suffice. Such restrictions shall further recite that
the utility companies and the public agencies using such easements
are granted the right to place and shall state that the elevation
of such easements as graded by the subdivider may not be altered thereafter
by him/her or any subsequent landowner by more than six inches.
When any public improvements of adequate capacity
are not available at the boundary of a proposed land division, the
City, or its duly authorized representative, shall require, as a prerequisite
to approval of a final plat or certified survey map, assurances that
such improvement extensions shall be provided as follows in accordance
with the following standards:
A.
Design capacity. All improvements within or entering
or leaving the proposed development shall be installed to satisfy
the service requirements for the entire service or drainage area in
which the development is located and the improvements shall be of
sufficient capacity to handle the expected development of the overall
service area involved.
B.
Extra-sized and off-site improvements. Where improvements of adequate size needed to serve the development are not available at the boundary of the development, the subdivider shall proceed under one of the alternatives as identified in § 520-20.
C.
Lift stations. Where sanitary or storm sewer lift
stations and force mains are required to lift sewage to the gravity
system, the subdivider shall have plans, profiles, specifications
and estimated operation and maintenance costs prepared for the installation
of such facilities to the City Engineer's requirements. Equipment
similar to existing City equipment shall be utilized whenever possible.
The installation, inspection, supervision and engineering fees for
lift stations and/or force mains shall be paid for by the subdivider
unless otherwise determined and agreed upon by the City Council. Gravity
sanitary sewer service shall be employed whenever determined by the
City Engineer to be feasibly accessible.
A.
Acceptance of improvements. The dedication of any
improvements, utilities, streets, parks, easements, rights-of-way
or other lands or rights to the City or the public shall not be considered
accepted by the City 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
City Council by adoption of a resolution accepting such dedication.
Improvements shall be dedicated to the City free and clear of any
encumbrances. The subdivider shall be responsible for and liable for
the maintenance, safety and operation of all required public improvements
until such time as the improvements are accepted by the City Council
by resolution. In the event that the City 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 City, the costs of such measures shall hereby be determined
to be City-incurred costs to be reimbursed to the City by the subdivider
in accordance with the provisions of this chapter.
B.
Inspection and certification of improvements.
(1)
After any of the following increments of the required
improvements have been installed and completed, the subdivider shall
notify the City 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 City Engineer and approved by the City
Attorney, evidencing that there are no claims, actions or demands
for damages, based upon contract or tort, arising out of or in any
way related to the project and that no moneys are owned 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:
(2)
The City Administrator 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 City Engineer shall conduct any necessary final inspections
of the improvements and forward a report to the City Administrator
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 City Engineer, together with the recommendation
of the City Administrator, shall be forwarded to the City Council
for approval and acceptance of the improvements and dedications.
The subdivider shall be required to grade the full land division in accordance with the requirements of § 520-45.
In all subdivisions, the subdivider shall plant
at least one tree of an approved species and of at least six feet
in height and one inch in diameter for each 50 feet of frontage on
all streets proposed to be dedicated. Tree planting shall be completed
in accordance with plans and specifications approved by and at such
time as directed by the City Council. The placement and selection
of street trees, however, should not excessively hamper or interfere
with solar access to natural light and air for nearby lots. In lieu
of planting street trees, the subdivider may pay a tree fee equal
to an amount set by the City Council times the number of trees required,
using the tree planting formula stated above.[2] The City Council shall use the tree fee to plant trees
in the subdivision subsequent to approval of the final plat.
