No construction or installation of improvements shall commence in a proposed preliminary plat, certified survey map, or condominium until said preliminary plat, certified survey map, or condominium has been approved and the Plan Commission has given written authorization to commence work. Inspection fees shall be required as specified in § 340-92 of this chapter.
No building, zoning, or sanitary permits shall be issued for
the erection of a structure on any lot not of record until all the
requirements of this chapter have been met, including the construction
of required streets and sidewalks and the removal of construction
debris, waste and/or rubbish from the lot.
The following plans and accompanying construction specifications,
in conformance with the Town's "Standards and Specifications for Development,"
shall be required by the Town before authorization of construction
or installation of improvements:
A.
Street plans and profiles. Street plans and profiles showing existing
and proposed grades, elevations and cross sections of required improvements.
B.
Existing and proposed contours. Existing and proposed contours at
vertical intervals of not more than two feet where the slope of the
ground surface is less than 10% and of not more than five feet where
the slope of the ground surface is 10% or more. Elevations shall be
marked on such contours based on National Geodetic Vertical Datum
of 1929 (mean sea level).
C.
Sanitary sewer plans and profiles. In urban areas, sanitary sewer
plans and profiles showing the locations, grades, sizes, cross sections,
elevations, and materials of required facilities, when located within
a Town of Barton adopted existing or proposed sanitary sewer service
area.
D.
Storm sewer plans and profiles. Storm sewer and/or drainage plans and profiles showing the locations, grades, sizes, cross sections, elevations, and materials of required facilities. Also, a stormwater management plan shall be required as set forth in § 340-72 of this chapter.
E.
Water main plans and profiles. In urban areas, water main plans and
profiles showing the locations, sizes, elevations, and materials of
required facilities, when located within a Town of Barton adopted
existing or proposed sanitary sewer service area.
F.
Gas, electrical power, telephone, and cable television plans. Plans
showing the location and size, where applicable, of all gas, electrical
power, telephone, and cable television service.
G.
Specifications for protection against erosion, siltation, sedimentation,
and washing required. The subdivider or condominium developer (as
applicable) shall cause all grading, excavations, open cuts, side
slopes, and other land surface disturbances to be so mulched, seeded,
sodded, or otherwise protected that erosion, siltation, sedimentation,
and washing are prevented, in accordance with the plans and specifications,
including the Town's "Standards and Specifications for Development,"
approved by the Town. In addition:
(1)
Sod shall be laid in strips at those intervals necessary to prevent
erosion and at right angles to the direction of drainage.
(2)
Temporary vegetation and mulching shall be used to protect critical
areas, and permanent vegetation shall be installed as soon as practical.
(3)
Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
(4)
Sediment basins shall be installed and maintained at all drainageways
to trap, remove, and prevent sediment and debris from being washed
outside the area being developed.
(5)
All erosion control procedures must be carried out in conformance
with Washington County's and/or the Town's regulations for construction
site erosion control.
H.
Landscape and planting plans. Landscape and planting plans (see Article V) showing the locations, age, caliper, and species of any required grasses, vines, shrubs, and trees.
I.
Record as-built plans. After completion of all public improvements
and prior to final acceptance of said improvements, the subdivider
or condominium developer (as applicable) shall make or cause to be
made three complete sets of record as-built plans for each of the
plans required as set forth in this section of this chapter and showing
the actual location of all improvements made as required by the Town
Engineer. 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 as-built plans shall be a condition of final acceptance
of the improvements and release of the financial surety assuring their
completion. These plans shall be submitted to the Town Engineer for
permanent filing at the Town Hall.
J.
Additional plans. Additional special plans or information as required
by Town officials.
The subdivider or condominium developer (as applicable) shall
make every effort to protect and maintain all improvements made to
a subdivision plat, certified survey map, or condominium that are
not dedicated to the Town during the construction of the subdivision
plat, certified survey map, or condominium.
The subdivider or condominium developer (as applicable) shall
make every effort to protect and retain all existing trees, shrubbery,
vines, and grasses not actually lying in public roadways, drainageways,
building foundation sites, private driveways, soil absorption waste
disposal areas, paths, and trails. Such trees are to be protected
and preserved during construction in accordance with sound conservation
practices, including the preservation of trees by well islands or
retaining walls whenever abutting grades are altered. Towards that
end, the following minimum procedures shall be followed during construction:
A.
Methodology for tree preservation to be reviewed by Plan Commission.
The subdivider's or condominium developer's (as applicable) proposed
method for preserving trees shall be reviewed by the Plan Commission
or its staff during the preliminary plat, certified survey map, or
condominium approval phase of application to the Town. If, in the
opinion of the Plan Commission, the subdivider or condominium developer
(as applicable) has not taken the necessary precaution in preserving
existing trees as required by this chapter, no building permit shall
be issued until such time as the subdivider or condominium developer
(as applicable) amends the plans for the preservation of such existing
trees.
B.
Limitation on encroachment of grading and construction equipment.
All grading and construction equipment shall be forbidden from encroaching
within the tree's dripline.
C.
Material dumping prohibited within tree dripline. Materials detrimental
to the tree shall not be dumped or placed within a tree's dripline
or at any higher elevation than the base of the tree where drainage
toward the tree could adversely affect the health of the tree. Said
materials shall include, but not necessarily be limited to, excess
soil, stone or rock, additional fill, equipment, liquids, or construction
debris.
D.
Snow fence required. During grading and construction, a snow fence
shall be installed at the periphery of the tree's dripline.
E.
Attachments to trees prohibited. No attachments or wires, other than
those of a protective or nondamaging nature, shall be attached to
any trees to be preserved during construction.
F.
Tree destruction and replacement. In the event that a tree designated
on the approved preliminary plat, certified survey map, condominium
or natural resources protection plan for preservation should be destroyed
or razed during the construction process, the subdivider or condominium
developer (as applicable) shall replace such tree of a species approved
by the Plan Commission and having a diameter of not less than the
tree so destroyed or razed. No one replacement, however, shall exceed
six inches in diameter as measured at 12 inches above the ground level.
However, several smaller diameter trees having a combined diameter
equal to the tree razed or destroyed shall be planted for trees larger
than six inches at the ratios set forth in Table 6. Said replacement
tress shall be placed in the approximate location of the tree, or
trees, so destroyed. Said replacement trees shall not be counted toward
any mitigation measures which may be required of the subdivider or
condominium developer (as applicable) as specified elsewhere in this
chapter.
|
Table 6
Tree Replacement Requirements
| |||
|---|---|---|---|
|
Size of Tree Destroyed or Razed
(in DBH)
|
Replacement Tree Requirements
| ||
|
Number of Trees Required
(in caliper)
|
Minimum Size of Each Tree Required
(in caliper)
| ||
|
8 to 10 inches
|
1
|
3 inches
| |
|
10 to 16 inches
|
2
|
3 inches
| |
|
16 to 24 inches
|
3
|
3 inches
| |
|
24 to 30 inches
|
4
|
3 inches
| |
|
30 to 36 inches
|
5
|
3 inches
| |
|
36 inches or greater
|
6
|
3 inches
| |
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 subdivider or condominium developer (as applicable), who shall
cause the modification of the plans or specifications, or both, accordingly.
When the plans and specifications are corrected, the Town Engineer
shall approve the plans and specifications.
A.
Authorization to start construction. Prior to starting the work covered
by the approved plans and specifications, written authorization to
start said work shall be obtained from the Town Board based upon recommendation
of the Town Engineer upon receipt of all necessary and required permits
and in accordance with the construction methods prescribed by this
chapter. Building permits shall not be issued until all improvements
required by this chapter are satisfactorily completed.
B.
Inspection. The subdivider or condominium developer (as applicable),
prior to commencing any work within the subdivision, certified survey
map, or condominium, shall make arrangements with the Town to provide
for adequate inspection. The Town Engineer and/or other Town inspectors
shall inspect or cause to be inspected and approve all completed work
prior to approval of the final plat or release of the required financial
sureties. During the course of construction, the Town Engineer shall
make such inspections as deemed necessary to ensure compliance with
the approved plans and specifications. The subdivider or condominium
developer (as applicable) shall pay the Town for the costs incurred
by the Town for such inspections.
C.
Completion of the construction of required improvements. The construction
of all improvements required by this chapter shall be completed within
two years from the date of the Town Board approval of the preliminary
plat, certified survey map, or condominium.
A.
Form of financial sureties. Financial sureties furnished to the Town
by subdividers or condominium developers (as applicable) to ensure
performance of obligations and guarantees under the terms of this
chapter shall only be in a form which the Town Board deems secure
and may include certified checks, corporate bonds, irrevocable letters
of credit in a form approved by the Town Board or performance bonds.
(1)
Determination of financial surety amount. The amount of financial
surety shall be 125% of the Town Engineer's estimated full amount
of the obligation being insured (including the costs of inspection),
nor for less a period than the work is scheduled to be completed,
however, the Town Board shall allow reductions in the amount of the
financial surety in proportion to the amounts of the obligations as
they are fulfilled.
(2)
Disputes over the amount of financial sureties. In a dispute over
the amount of a surety, the estimate prepared by the Town Engineer
shall be given the greater weight.
B.
Criteria for determining subdivider's or condominium developer's
(as applicable) delinquency in meeting requirements. The Town Board
shall give notice by registered mail to the subdivider or condominium
developer (as applicable) and the subdivider's or condominium developer's
(as applicable) surety of such delinquency, said notice to specify
the corrective measures required if the subdivider or condominium
developer (as applicable):
(1)
Fails to perform the work with sufficient workmen and equipment or
with sufficient materials to ensure the completion of said work within
the specified time; or
(2)
Performs the work unsuitably, as determined by the Town Board; or
(3)
Neglects or refuses to supply materials or to perform anew such work
as shall be rejected as defective and unsuitable; or
(4)
Discontinues the execution of the work; or
(5)
For any other cause whatsoever does not carry on the work in an approved
manner.
C.
Guarantee of improvements. The subdivider or condominium developer
(as applicable) shall guarantee all improvements for a period of one
year from the date of the acceptance of improvements by the Town Board.
To assure such improvement guarantee, the subdivider or condominium
developer (as applicable) shall provide an amount of financial surety
(performance bond or letter of credit) not to exceed 15% of the construction
value of said improvements.
D.
Town Board action. After said notice, the Town Board shall call upon
the performance guarantee to have the work completed in accordance
with the terms of the performance guarantee.
