A.
General requirement.
(1)
In accordance with the authority granted by § 236.13, Wis.
Stats., the Village of Randolph 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 Village with security to
ensure that the subdivider will make the required improvements. As
a further condition of approval, the Village Board 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 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.
Options.
(1)
The required public improvements shall be installed by the subdivider
at his cost; or
(2)
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 § 66.0713(4), Wis. Stats., or
another acceptable special assessment process with the special assessments
being payable at the time of lot sale, payable in a maximum of seven
annual installments, together with interest.
(a)
The Village 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 Village
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 Village may enter into an agreement
to reimburse the subdivider, at the end of the seven-year period,
for his 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 Village 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 areas identified in the Village's
Comprehensive Plan or other adopted comprehensive development or public
facilities plan.
(4)
If the Village finds that Village 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 as provided under Subsection B(1) or (2) above.
C.
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 18 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.
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 subdivider shall be required to enter into a contract
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 contract form shall be provided
by the Village 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.
B.
Financial guarantees.
(1)
The subdivider shall file with said contract, subject to the approval
of the Village 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
Village Engineer; said filing of surety shall guarantee that such
improvements will be completed by the subdivider or his/her 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 Village. When a letter of credit is posted as security, the Village
must be the beneficiary. When the security 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 subdivider shall, at the time the contract is
entered, furnish a bond, certificate of deposit, irrevocable letter
of credit or certified check to the Village in an amount equal to
one 110% 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)
However, the subdivider may elect, with the approval of the Village,
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 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, until the security required for the next stage of construction
has been posted with the Village;[1]
(c)
The developer records deed restrictions approved by the Village
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 Village'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.
(4)
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.
(5)
As work progresses on installation of improvements constructed as part of the contract, the Village Engineer, upon written request from the subdivider from time to time, is authorized to recommend to the Village Clerk-Treasurer 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 Village Engineer, the Village Clerk-Treasurer 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 125% 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 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 Village Engineer, are valid for noncompletion, the Village Clerk-Treasurer is authorized, in his/her sole discretion, to 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 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 Village Engineer prior to commencing construction. The Village Board, at its option, may extend the bond period for additional periods not to exceed one year each.
(6)
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.
(7)
The subdivider shall agree in the development contract to pay all
Village legal fees, Village engineering fees, Village administrative
fees, 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 Village 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 Village 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, 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 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 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 Village 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 Village 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.
E.
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 Ch. 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 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 Village, the Village Clerk-Treasurer is authorized
to accept such surety bonds and contracts for monumentation in an
amount approved by the Village 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 1/2, 1/4, 1/4-1/4,
or other such section monument, the established monument shall be
preserved and/or fully restored by the subdivider at his cost.
A.
Engineering reports, construction plans and specifications. As required by § 320-10, 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 standards 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 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 Village 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 Village Engineer for his/her approval and for his/her 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-Treasurer 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 Chapter 169, Construction Site Erosion Control, of this Code, if applicable.
(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 Village officials.
B.
Action by the 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.
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
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 are
satisfactorily completed.
(2)
During the course of construction, the Village Engineer shall make
such inspections as he/she or the Village Board deems necessary to
insure compliance with the plans and specifications as approved. 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 insure 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 Village 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 Village Clerk-Treasurer.
The subdivider shall construct streets, roads and alleys as outlined on the approved plans based on the requirements of this chapter, particularly §§ 320-36 and 320-37.
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 Village in this chapter
and elsewhere and shall be subject to approval of the Village Engineer
before acceptance.
C.
Conform to Official Map. The arrangement, width, grade and location
of all streets shall conform to the Official Map.
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 Village Engineer. Construction shall be to Village
standard specifications for street improvements.
F.
Street cross sections. When permanent 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.
After the installation of all utility and stormwater drainage
improvements, the subdivider shall be required to construct concrete
curbs and gutters or, if approved by the Village, a system of ditches
and culverts. 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 and required inspection, supervision
and engineering fees shall be paid for by the subdivider. 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 shall be borne by the
Village.
A.
Specifications. All required sidewalks shall satisfy the design specifications in § 314-5. The Village Engineer and Village Board shall determine where sidewalks and/or bikeways are required in accordance with this section.
B.
Extra-sized sidewalks. Wider-than-standard sidewalks may be required
by the Village Board in the vicinity of schools, commercial areas
and other places of public assemblage, and the Village Board may require
the construction of sidewalks in locations other than required under
the preceding provisions of this 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 Village 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 Village 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 Village standards.
(3)
In all cases where the grades or 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
or access to the street, 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 Village ordinance, persons may ride a bicycle upon public
sidewalks.
A.
There shall be provided a sanitary sewerage system to all lots, approved
by the Village Engineer. The subdivider shall install adequate sanitary
sewer facilities and connect them to Village sewer mains subject to
specifications and inspection by the Village Engineer. 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 Village upon such terms and conditions as
the Village Board may determine.
B.
Sanitary sewers, including all related items (manholes, wyes, tees,
stubs for future extensions, etc.), shall be installed meeting the
specifications and requirements of the Village. Installation shall
be required all the way across each lot. 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 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 Village Engineer, shall be
borne by the developer, with the right of recoupment, without inflation
or interest adjustment in the recoupment amount.
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 Village 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
Village comprehensive sanitary sewer plans as determined by the Village
Engineer. 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
will be coordinated with the installation of sanitary sewers. 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 Village Engineer. All sanitary sewer facilities shall
be floodproofed.
D.
The ends of the services for each lot shall be accurately measured
and recorded with the Village Engineer and marked in the field with
appropriate staking.
A.
There shall be provided a water supply system in conformity with
the master plan of the water system as approved by Village utilities.
(1)
The subdivider shall install and connect Village water to serve all
lots subject to specifications and inspection by Village utilities
and the State of Wisconsin. Such required improvements shall be dedicated
to the Village upon such terms and conditions as the Village Board
may determine. The subdivider shall pay all costs of connecting adequate
Village water, including bringing water mains from where they exist
to the land division in question, providing all waterworks within
the land division, and looping the water mains in all locations deemed
important and financially feasible by the Village 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 Village Engineer. Supervision and engineering
fees shall be paid for by the subdivider.
(3)
Where water mains larger than eight 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 Village
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.
(4)
The rules of the Village's utilities on file with the Wisconsin
Public Service Commission are hereby adopted by reference and made
a part hereof as though fully set forth herein.
B.
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 Village Engineer.
Pursuant to § 320-40, 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 Village Engineer. Such required improvements shall be dedicated to the Village upon such terms and conditions as the Village Board may determine.
A.
Insofar as possible, all utilities, including but not limited to
natural gas, telephone, cable television, electric, and water, 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. Prior to any maintenance, repair or replacement being performed
by the developer during the bond period, it shall notify the Village
Engineer at least one workday prior to the doing of the work and obtain
approval of the Village 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 Village Board, upon the recommendation
of pertinent Village utilities, 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 Village shall install streetlamps 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 Village 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 and such temporary barricades and "road closed" signs as
may be required by the Village Engineer or Street Superintendent until
the street improvements have been accepted by Village Board resolution.
B.
The Street Superintendent shall have the authority to impose any
restrictions as to traffic on street improvements not yet accepted
by the Village 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. 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.
A.
Utility easements. The Village Board, on the recommendation of appropriate departments, utilities and agencies serving the Village, 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 § 320-27.
C.
Easement locations.
(1)
Utility easements shall be at least 10 feet wide on each abutting
lot side, 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 Village 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.
(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
Register of Deeds office. 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 utilities and shall state that the elevation of such easements
as graded by the subdivider may not be altered thereafter by him or
any subsequent landowner by more than six inches.[1]
When any public improvements of adequate capacity are not available
at the boundary of a proposed land division, the Village, 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-size 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 § 320-18.
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 Village Engineer's requirements. Equipment similar to
existing Village 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 Village Board. Gravity
sanitary sewer service shall be employed whenever determined by the
Village 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 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 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 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 hereby be determined to be Village-incurred
costs to be reimbursed to the Village 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
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 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 Village Clerk-Treasurer 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 engineering,
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-Treasurer
recommending either approval or disapproval. When the engineering,
inspection and legal fees, taxes and special assessments 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-Treasurer, shall be forwarded to the Village
Board 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 § 320-42.
