A.
Statement of intent. It is the intent of the Village to insure quality
in land development and that each development pays its share of the
cost of public facilities and services. The Village will encourage
the use of planned developments employing innovative techniques for
the design of functional and aesthetic neighborhoods, maximizing open
space and preserving the natural environment.
B.
Monuments. The subdivision shall be monumented in accordance with
the requirements of § 236.15, Wis. Stats. If the topography
is such that grading is required, or requested by the Village Engineer,
the developer shall place the monuments after the grading is completed.
The developer shall execute a surety acceptable to the Village in
an amount required by the Village Engineer to insure that the monuments
will be placed within the required time.
C.
Improvements. All required street and utility improvements as hereinafter
provided shall be installed prior to final acceptance of the plat
by the Village and before any building permits may be issued. Developer
must bring street, sanitary sewers, water mains, and storm sewer from
whatever location they exist at the time of the preliminary plat to
the edge of the preliminary plat at no cost to the Village and with
no assessments.
(1)
General. Construction plans for all public improvements shall be
prepared by a licensed Wisconsin professional engineer in accordance
with the requirements of the Village Engineer. All plans and contract
documents shall be reviewed and approved by the Village Engineer prior
to beginning construction. All improvements shall be constructed in
strict compliance with the Village Public Works Construction Standards
for the Village of Blue Mounds and shall be inspected during construction
by the Village Engineer or designee. Developer shall engage a site
project manager who can be reached at all times by Village Engineer
or agent to insure compliance with this chapter and construction plans
approved by Village Engineer. The developer shall pay all costs of
inspection and material testing. Upon completion of construction,
and prior to final acceptance of the work, the developer's engineer
shall provide a set of reproducible Mylar, as-built record drawings
to the Village.
(2)
Sanitary sewers.
(a)
Sewers and all appurtenances, including, if necessary, pumping
stations, force mains and intercepting sewers, shall be provided by
the developer to serve each lot or parcel of a development.
(b)
Sewers shall extend to the boundaries of the development so as to provide service to adjacent lands. Sewers shall be constructed with sufficient depth so as to provide gravity sewer service to adjacent lands whenever economically feasible, as determined by the Village Engineer. For sewers installed at depths in excess of 14 feet, the developer may be entitled to reimbursement under § 325-36 of this chapter for the incremental cost of constructing such sewers, as determined by the Village Engineer.
(c)
Sewers shall have adequate capacity for the future development of all lands within the drainage basin, as determined by the Village Engineer. If serving lands outside the development requires sewer greater than 10 inches in diameter, the developer may be entitled to reimbursement under § 325-36 of this chapter for the incremental cost of constructing such sewers, as determined by the Village Engineer.
(d)
Sewers shall generally be located within a public road right-of-way
with manholes located on the street center line. Manholes shall be
installed so sanitary sewers, storm sewers and water mains are no
closer than 10 feet to street right-of-way lines.
(e)
Unless waived by the Plan Commission, gravity sewer service
shall be provided to all lots. All sewer laterals shall be a minimum
of eight feet below the finished street terrace grade. Sewer laterals
shall be laid at a minimum slope of 1/8 inch per foot (under State
Code) and a maximum slope of one inch per foot.
(f)
All trench backfill shall be compacted and shall meet the density
requirements as shown in the Village Public Works Construction Standards
for the Village of Blue Mounds. If native soils are not compactible
to the specified density, select fill shall be used as backfill. The
developer shall pay the cost of all compaction testing, according
to the Village Engineer's approval.
(3)
Stormwater drainage facilities.
(a)
The developer shall provide all stormwater drainage facilities
necessary to convey stormwater from and flowing through the development
in accordance with the design criteria specified herein and as may
be required by the Village Engineer. Developer shall be responsible
for all stormwater management related to the project, both during
and after completion of the project or portions thereof. Developer
hereby warrants and represents that all stormwater management shall
be:
[1]
In accordance with best management practices;
[2]
Sufficient to met or exceed predevelopment standards;
[3]
Sufficient to meet or exceed the requirements established or to be
established by the Federal Clean Water Act for Phase II communities;
[4]
Sufficient to meet or exceed the state's nonpoint source regulations
for new development required by 1997 Wis. Act 27, as established by
or to be established by NR 216; and
[5]
Acceptable to meet the minimum standards established by the Village
Engineer.
(b)
After approval of the preliminary plat, but prior to approval
of the final plat, certified survey or planned development, the developer's
engineer shall prepare a preliminary stormwater design report to determine
if the drainage facilities to be constructed within the development
are adequate to serve the entire drainage basin or subbasin in which
the development is situated. If an increase in capacity is necessary,
the Village Engineer shall determine that portion of the estimated
cost of constructing the required drainage facilities which is attributable
to the portion of capacity necessary to serve that part of the drainage
basin situated outside of the development.
(c)
The cost of constructing storm sewers and other storm drainage
facilities which serve the development, but not the entire drainage
basin or subbasin, shall be borne solely by the developer. Costs to
increase the capacity of required storm sewers and other drainage
facilities so as to serve undeveloped portions of the drainage basin
or subbasin shall be paid by the developer. A preliminary stormwater
plan should be developed and submitted as part of the preliminary
plat.
(d)
The developer's engineer shall provide a final stormwater
design report to the Village Engineer for review and approval with
the construction plans. The final stormwater design report shall contain,
as a minimum, the following information:
[1]
A drainage map of the entire drainage basin tributary to improvements
in the development showing topography, subbasin areas and designations,
proposed land uses, runoff coefficients or curve numbers, drainage
paths, times of concentration, and travel times.
[2]
All stormwater runoff and storm sewer design calculations, including
runoff rates, inlet capacities, street capacities and the limits of
stormwater encroachment into traffic lanes of streets. Stormwater
runoff calculations may be based on either the rational method or
the SCS TR-55 method. The minimum time of concentration shall be 10
minutes. If a time of concentration greater than 10 minutes is used
in any runoff calculation, it shall be derived from the computed velocity
of flow through each component of the reach at the design flow. The
runoff curve number for predevelopment conditions should be established
based on the four hydrologic soil classification used in SCS TR-55.
(e)
Storm sewers and inlets shall be provided in public streets
as necessary to limit the encroachment of stormwater towards the street
center line according to the following table when conveying the runoff
resulting from the ten-year storm event.
|
Maximum Allowable Spread
| ||
|---|---|---|
|
Street Classification
|
Measured from Street Center Line
(feet)
| |
|
Arterial
|
12
| |
|
Collector
|
9
| |
|
Residential
|
0
| |
(f)
In addition to the above, stormwater runoff resulting from the
one-hundred-year storm event shall be contained entirely within the
street right-of-way, storm sewer system, designated drainageways and
drainage channels. Where stormwater is conveyed through private lands
as part of the minor or major system, drainage swales, drainage channels
or both, shall be provided by easement to the Village. Unless waived
by the Village Engineer, the minimum grade of any drainage swale or
channel shall be 1%.
(g)
Where stormwater flows across an intersection, the minimum street
grade through the intersection shall be 1.25%. A typical valley section
shall be shown on the construction plans. The maximum distance which
water can flow overland in streets prior to collection into a storm
sewer system is 800 feet or two blocks.
(h)
Where storm sewers are extended to or pass through any intersections,
inlets shall be provided to prevent stormwater from flowing across
the intersection.
(i)
All storm sewer outlets shall have concrete end walls and erosion
protection. End walls for storm sewers with spans greater than 15
inches shall have City of Madison standard pipe gates installed.
(j)
All storm sewers shall be reinforced concrete pipe, ASTM C76,
Class III minimum or ASTM C507, Class HE III, minimum. The developer's
engineer shall provide live load and trench load calculations for
all storm sewers. Storm sewer joints on round pipe shall have elastomeric
gaskets. Joints on horizontal elliptical pipe shall be sealed with
an approved joint compound.
(k)
If required by the Village Engineer, insulation shall be provided
between storm sewers and water mains and water services.
(l)
If stormwater runoff resulting from storms up to the ten-year
storm event flowing from or through any development produces erosional
velocities on adjacent lands, provision shall be made to reduce velocities
to acceptable levels or, with the approval of the adjacent property
owner and the Village Engineer, channel improvements shall be made
by and at the expense of the developer.
(m)
If existing downstream stormwater facilities lack adequate capacity
for the increase in runoff from the new development, so as to meet
the design criteria specified herein, the developer shall provide
stormwater detention, as required by the Village Engineer, so as to
limit the rate of runoff from the new development.
(n)
Developer shall clean out all storm sewers and drainage facilities
prior to acceptance of improvements in the plat.
(4)
Water mains and services.
(a)
Water mains, services and all appurtenances, including, if necessary,
booster stations and pressure-reducing valves, shall be provided by
the developer to serve each lot or parcel of a development. The Village
will not be responsible for the cost, including installation and maintenance
of any booster pumps that may be required to provide proper water
pressure to each individual lot. This shall be recorded on the final
plat.
(b)
Water mains shall extend to the boundaries of the development
so as to provide service to adjacent lands. Water mains shall be connected
to existing water mains at both ends whenever possible, at the discretion
of the Plan Commission or Village Board.
(c)
Water mains shall provide capacity for the future development
of adjacent lands as determined by the Village Engineer. If capacity
for the future development of lands outside the development requires
water mains larger than ten-inch diameter, the incremental cost of
providing excess capacity over ten-inch diameter, as determined by
the Village Engineer, shall be paid by the Village and may be recovered
through area charges or special assessments levied against the benefitted
properties.
(d)
Water mains shall be ductile iron, Class 52 minimum, eight-inch
minimum diameter, and shall be located within the public road rights-of-way
and generally parallel to and 10 feet away from any sanitary sewers.
All water mains shall have a minimum cover of 6.5 feet measured from
the top of the main to the finished street grade.
(e)
Fire hydrants in residential areas shall be provided at each
intersection and at other locations as necessary such that no structure
is more than 300 feet from any fire hydrant as measured along the
streets. Closer spacing of hydrants may be required by the Village
Engineer in commercial and industrial developments.
(f)
To isolate water mains, valves shall be provided at each intersection,
as required by the Village Engineer.
(g)
Water services shall be provided to all lots and shall be sized
according to maximum allowable number of dwelling units permitted
by zoning designation for the lot being served. The minimum size of
any water service shall be one-inch diameter.
(5)
Streets.
(a)
Standard street improvements shall be installed in all subdivisions
and, where required, in any land division or planned development,
all in accordance with plans and specifications approved by the Village
Engineer.
(b)
All changes in street grades shall be connected by parabolic
vertical curves having a minimum length in feet of 10 times the algebraic
difference in grade for all residential streets and 20 times the algebraic
difference in grade for arterial streets, with a fifty-foot minimum
curve length. The length of vertical curves for arterial streets shall
be as determined by the Village Engineer.
(c)
Curb radii at intersections shall be 20 feet on residential
streets and 35 feet on collector streets.
(d)
Curb radius grades at intersections shall be computed to provide
smooth transitions between intersecting streets. Radius grades shall
be indicated on the construction plans.
(e)
Culs-de-sac shall terminate with street grades having an absolute
value no greater than 6% for the last 50 feet of pavement as measured
from the curb at the end of the cul-de-sac.
(f)
Unless waived by the Village Engineer, all streets shall be
graded to the subgrade elevations and the typical street subgrade
sections shown on the approved construction plans for the full width
of the right-of-way prior to the installation of any underground utilities.
(g)
Prior to placing base course, the subgrade shall be proof-rolled
in the presence of the Village Engineer with a tandem axle truck weighing
not less than 25 tons. All soft and yielding material shall be removed
and replaced with compacted crushed stone base course as required
by the Village Engineer, require base courses be proof rolled prior
to paving. The base course shall be proof-rolled in the presence of
the Village Engineer. The Village Engineer will be available for such
inspecting during normal business hours upon forty-eight-hour notice.
(h)
Street paving shall be in accordance with the following schedule:
[1]
The binder course shall be installed during the same construction
season as the curb, gutter and other required street improvements
are installed. All manhole castings and valve boxes shall be ramped
with binder material pursuant to the Village Engineer's specifications.
[2]
The surface course shall be installed during the construction
season immediately following that construction season within which
the binder course was installed. The construction of binder course
maybe done in the same season as surface course where no underground
utilities have been constructed.
(6)
Streetlights. The developer shall furnish and install, at the developer's
expense, streetlights in accordance with the approved streetlighting
plan submitted and approved prior to recording of the final plat.
Final review of lighting shall be done by the Village Engineer.
(7)
Street trees. The developer shall be required to plant street trees
and/or shrubs on all street terraces, parkways, boulevards, and culs-de-sac
in all subdivisions, and where required by the Plan Commission, in
any certified survey. Trees and shrubs shall be planted according
to plans and specifications prepared by the Village Engineer, at the
time and in the manner determined by the Village Public Works Department.
The estimated cost of the initial planting shall be determined by
the Village Engineer, including plan and anticipated inspection costs,
and shall be paid by the developer at the time the developer enters
into a development agreement with the Village. Said cost shall be
refunded to the developer when the developer plants the trees. If
trees have not been planted within six months of the Village's
request, the Village may retain the cost and plant the trees.
(8)
Signs.
(a)
Street signs. A sign showing the names of intersecting streets
shall be installed at each intersection within a subdivision.
(b)
Traffic signs. In accordance with § 350-4 of the Village Code, and as otherwise required by the Village Board, appropriate traffic signs shall be installed in all new subdivisions.
(c)
Cost. The cost of all signs required hereunder, including installation
costs, shall be determined by the Village and the same shall be paid
by the developer at the time of entering into a subdivision development
agreement with the Village.
(9)
Sidewalks and terraces. On streets so designated by the Village Board,
sidewalks shall be installed in accordance with plans and specifications
approved by the Village Engineer.
(a)
Grading and installation of sidewalks. Developer shall cause
all terrace and sidewalk areas to be graded to Village standards and
sidewalks installed in accordance with the public works improvement
plans approved as a part of the final plat approval process. Developer
shall record plat restrictions requiring restoration of terraces disturbed
in construction.
(b)
Grades to be recorded. All final street and sidewalk grades
shall be recorded in the office of the Village Clerk/Treasurer. A
note shall be recorded on the face of the plat map and included in
covenants recorded against the plat that no person shall disturb or
encroach upon any established street or sidewalk grade established
by the approved final grading plan within five feet of any property
line. The sidewalk shall be located one feet off the property line
and a minimum width in a residential area shall be six feet.
(c)
Terraces to be seeded. Developer shall grade, seed and fertilize,
or otherwise landscape the terrace areas behind the curbs.
(10)
Cleanup of debris stockpiles. Developer shall clean up or cause
to be cleaned up all debris stockpiles, including tree limbs and brush,
at least every 30 days during construction and at the end of construction
in the plat. No building permit for construction in the plat shall
be issued prior to such cleanup.
(11)
Preservation of trees. Developer shall attempt to preserve and shall record a deed restriction on all lots in the plat, providing that all existing living trees within the building setback limits as established by Chapter 385, Zoning, shall be preserved, except for a twenty-five-foot wide distance leading from the street to the building setback line(s), and those necessary for utility lines.
Additional, reasonable improvements may be required by the Village
even though the same are not specified in this chapter. Such improvements
shall be installed in accordance with the plans and specifications
approved by the Village Engineer.
A.
General. All requests for improvements hereunder shall be made to
the Village Board in writing, signed by the developer and shall include,
as a minimum, the following information:
(1)
Developer's name, address and telephone number.
(2)
Improvements being requested.
(3)
Legal description of property to be served.
(5)
Agreement by the developer or its officers and directors to be personally
responsible for all costs, direct or indirect, of installation of
the requested improvements.
B.
Village Board action. The Village Board shall promptly consider all
requests for improvements hereunder. If the Village Board determined,
in its sole discretion, that not all of the requested improvements
are necessary or that additional improvements are necessary, the request
shall be modified accordingly. If the Village Board fails to act on
the developer's request within 90 days from the date it is first
brought before the Board, such request shall be considered denied.
C.
Time for filing.
(1)
General. Requests for improvements shall be filed with the Village
Clerk/Treasurer no later than October 1 of the year preceding the
year in which the developer desires the improvements to be installed.
(2)
Exceptions. The October 1 filing deadline shall not apply in the
following instances:
(a)
If the improvements in question are to be installed under a
private contract as provided below and there is no cost or direct
expense to the Village or deferred assessments as a result of such
improvements.
(b)
If the Village Board determines that the requested improvements
offer unique benefits to the Village.
A.
By private contract.
(1)
All required improvements specified herein shall be installed at the sole expense of the developer, including inspection and material testing provided by the Village Engineer and all other indirect costs. The developer shall contract with one general contractor for the installation of all required improvements. The general contractor and all subcontractors shall meet the qualifications under Subsection C. Before the developer enters into a construction contract, the Village shall approve the completion terms called for by such contract. The developer shall also enter into an agreement with the Village setting forth the developer's obligations to the Village.
(2)
A guarantee and/or performance bond is required and will be reviewed
by the Village Attorney as part of the review process. To guarantee
satisfactory installation of required improvements and as a condition
for approval of the final plat, the developer shall file with the
Village a surety document acceptable to the Village in the amount
of 120% of the estimated direct and indirect costs of the required
improvements. As work progresses, the Village may permit a reduction
in the amount guaranteed by the surety document equal to the value
of the improvements installed and approved by the Village. However,
the surety amount shall not be less than 20% of the original amount.
The developer shall guarantee all improvements constructed against
defects in material and workmanship for a period of two years from
the date of acceptance by the Village. During the guaranteed period,
the developer shall promptly repair or replace any work determined
to be defective by the Village Engineer. Upon completion of the guarantee
period and if all defects have been corrected, the Village shall release
the remaining surety.
(3)
Review fee deposit.
[Amended 6-14-2006 by Ord. No. A-184]
(a)
Within 10 business days of approval of a preliminary plat, the developer shall make an additional review fee deposit pursuant to § 325-38 determined as a percentage of estimated construction cost of the required improvements, as follows:
|
Estimated Construction Cost
|
Plan Review Fee
| |
|---|---|---|
|
Less than $100,000
|
Cost but not more than $1,250
| |
|
$100,000 to $250,000
|
1.25%
| |
|
$250,000 to $500,000
|
1.00% but not less than $3,125
| |
|
$500,000 to $1,000,000
|
0.75% but not less than $5,000
| |
|
Greater than $1,000,000
|
0.50% but not less than $7,500
|
(b)
The Village Engineer shall provide the estimated construction
cost. The developer shall pay and the plan review fee shall be used
for the actual fees incurred by the Village to review the development
plans and documents. Any fees incurred by the Village in excess of
the plan review fee shall be paid within 20 days of request by the
Village Board. If actual fees incurred by the Village are less than
the plan review fee, the balance of the deposit shall be refunded
to the developer within 20 days of the Village's receipt of the
final bill for the review.
B.
By public contract.
(1)
The Village Board may, in its sole discretion, elect to contract
on behalf of the Village for installation of the required improvements.
The Village shall have the right hereunder to select, in accordance
with applicable law, all contractors, subcontractors, engineers, and
suppliers of materials or services associated in any way with the
said improvements. Prior to the Village entering into such contract,
the developer shall furnish an irrevocable letter of credit, with
the Village as beneficiary, in an amount equal to 120% of the estimated
cost of all required improvements determined by the Village Engineer.
(2)
The cost of all required improvements shall be assessed by the Village
against the property benefitted thereby. As a condition for approval
of the final plat, the developer shall waive, pursuant to § 66.0703(7)(b),
Wis. Stats., the notice and hearing otherwise required for the levy
of a special assessment for the cost of the installed improvements.[1]
(3)
The Village, through its authorized agents and at the expense of
the developer, shall within a reasonable time make a detailed estimate
of the cost of such improvements determined by the Village to be necessary
under the circumstances. Thereafter, the developer shall make a written
application for the preparation of construction plans and specifications
by the Village Engineer and shall submit to the Village with such
application a deposit of at least 10% of the total estimated cost
of improvements, which sum shall be applied toward the expense of
preparing estimates, construction plans and specifications for such
improvements. Should the project fail to materialize for any reason
prior to making such application and deposit, the actual expense incurred
by the Village incident to such project shall be billed to the developer
and shall be due and payable to the Village within 60 days thereafter.
C.
Qualification of contractors. All improvements shall be installed
by contractors approved by the Village Engineer in accordance with
the plans and specifications prepared by the Village Engineer.
D.
Inspection of improvements. The improvements specified shall be installed
subject to inspection and approval by the Village Engineer at the
expense of the developer. When improvements are installed by private
contract, the developer shall submit to the Village, prior to the
start of construction, a deposit equal to 4% of the cost of the improvements
to be credited towards the cost of inspection and testing by the Village
Engineer.
E.
Erosion control. The installation of all improvements hereunder shall comply with the provisions of Chapter 170 of the Village Code.
F.
Construction schedule.
(1)
Public improvements. Developer shall commence construction of required
public improvements within 36 months of recording of the final plat
and complete such construction within 12 months, weather permitting,
except for final street surfacing, which shall be completed within
24 months of commencement of construction.
(2)
Commencement of construction. Developer shall not commence construction
of the required improvements for any phase of the plat prior to the
time that:
(a)
Copies of all contracts for the construction and installation
of the required improvements have been filed with the Village Engineer.
(b)
A proposed construction schedule for the required improvements
has been submitted to, reviewed, and approved by the Village Engineer.
(c)
A copy of the developer agreement, duly executed by the developer
and the Village, has been filed in the office of the Village Planner/Zoning
Administrator and recorded with the Dane County Register of Deeds.
(d)
The required security has been approved by the Village President
as to sureties and Village Attorney as to form and filed with the
Village Clerk/Treasurer.
(e)
All required approvals have been obtained with copies sent to
the Village Engineer.
(f)
All required fees have been deposited with the Village Clerk/Treasurer.
(g)
Construction schedule has been submitted to Village Engineer
in writing and approved in writing by Village Engineer.
(3)
Building permits not to be issued until improvements accepted and
fees and costs paid. No building permit for any lot in the plat or
any phase thereof shall be issued until all improvements required
for the plat, except the finish course of streets, or any phase thereof
are approved by the Village Engineer as in compliance with the approved
plans and specifications and accepted by the Village Board, and the
Village Clerk/Treasurer certifies that there are no outstanding unpaid
Village costs, fees or expenses relating to the plat or any phase
thereof.
(4)
Penalties. In addition to all remedies available to the Village in
law and equity, the Village may establish penalties in the development
agreement for developer's failure to meet the construction schedule.
G.
Two-year guarantee of finished work. The security furnished as required
above shall be held for a period of two years after the required improvements
for the applicable phase have been completed and accepted by the Village
Board, unless partially released in accordance with this chapter.
The security shall be held to guarantee all required improvements
against defects in workmanship and materials. If any defects appear
during the period of the guarantee, the developer shall, at their
expense, install replacements or perform acceptable repairs. In the
event that the developer fail to install the required replacements
or perform the repairs, the Village may do so and deduct the cost
thereof from the security deposit. Unless defects have appeared and
have not been repaired, the Village will release the security to the
developer upon expiration of the two-year guarantee period.
A.
Levy. The cost of improvements installed pursuant to public contract
shall be levied as special assessments against the property benefitted
by such improvements.
B.
Payment.
(1)
Generally. Special assessments shall be paid in full within 30 days
after the developer/property owner receives notice of the amount due.
(2)
Installment method.
(a)
The Village Board may, in its sole discretion, allow the developer/property
owner to pay special assessments in five equal annual installments,
the first such installment being due on January 31 of the year following
the year in which the improvements were completed and the remaining
installments being due on each anniversary thereafter.
(b)
After each annual installment hereunder is paid, the letter of credit amount required under § 325-33A(2) and B(1) shall be reduced by 20%.
(c)
Any unpaid balance due hereunder shall bear interest in favor of the Village at an annual rate which is 1% greater that the interest rate at which the Village has borrowed funds for a particular project. Such interest shall accrue from the date the Village expenditures for such project first exceed the 10% payment required by § 325-33B(3).
(3)
Sale of improvement. Notwithstanding anything stated herein to the
contrary, upon the sale of any parcel for which a special assessment
has been levied under this section or prior to the issuance of a building
permit to construct improvements on such parcel, whichever occurs
first, the full balance of the special assessment, including accrued
interest, if any, for such parcel shall become due and payable.
A.
Reimbursement to Village. That portion of the cost of required improvements specified herein which benefits undeveloped land in the Agricultural Zoning District may, at the option of the Village Board, be assessed on a deferred basis. Deferred assessments hereunder shall bear simple interest in favor of the Village at an annual rate which is 1% greater than the interest rate at which the Village has borrowed funds for a particular project. Such interest shall accrue from the date the Village expenditures for such project first exceed the 10% payment required by § 325-33B(3) and shall continue to so accrue for a period of five years thereafter. At the option of the landowner, such interest may also be deferred. Deferred assessments under this subsection shall become immediately due and payable upon the occurrence of any of the following circumstances with respect to the benefitted property:
(1)
A sale or other transfer of ownership in the property, excepting
hereunder transfers under foreclosure or by deed in lieu of foreclosure
or by will, descent or survivorship;
(2)
Rezoning of the property; or
(3)
Development of the property requiring use of or connection to the
improvement which gave rise to the deferred assessment.
B.
Water and sewer mains.
(1)
All water and sewer mains in the ground as of January 1, 1998, the
cost of which have not been previously collected through assessments,
shall be assessed on a deferred basis against the real estate benefitted
and shall become due and payable upon the occurrence of either of
the following circumstances:
(2)
Such payment shall be made prior to signing the final plat or certified
survey map. For purposes of calculating the deferred assessment under
this subsection, the following rates shall apply. Deferred assessments
hereunder shall be made against the land benefitted on both sides
of an improved street.
|
Water
|
$6 per foot
| |
|
Sewer
|
$7 per front foot
| |
|
Curb and gutter
|
$4.50 per foot
| |
|
Grading, graveling and paving
|
$9.50 per foot
| |
|
Establishing sidewalk grade
|
$1 per foot
|
C.
Real estate not previously served by public sewer. All real estate
not previously served by public sewer and not requiring a separate
pumping station, but adjacent to an existing interceptor sewer and
lift station, or in the drainage basin of the fifteen-inch interceptor
to the wastewater treatment plant, shall be assessed on a deferred
basis at the time such real estate shall be divided and use made of
such real estate of the existing sewer improvements.
A.
General.
(1)
If the Village Board elects to not defer special assessments pursuant to § 325-35, the subdivider shall pay the cost of all required improvements and shall be entitled to reimbursement for such portion thereof which benefits other undeveloped lands. The right to reimbursement shall, however, be delayed until the occurrence of any of the following circumstances with respect to such other undeveloped property:
(a)
A sale or other transfer of ownership in the property, excepting
hereunder transfers under foreclosure or by deed in lieu of foreclosure
or by will, descent or survivorship;
(b)
Rezoning of the property;
(c)
Development of the property requiring use of or connection to
the said improvement; or
(d)
A land division or subdivision of the property.
(2)
The Village may enter into an agreement with the subdivider requiring
payment for the cost of public improvements which have benefitted
undeveloped lands. Any rezoning, land division or subdivision approvals
by the Village for the benefitted property shall be conditioned upon
such reimbursement. All reimbursable amounts hereunder shall be determined
by the Village Engineer and shall be based upon original costs only
without accrued interest or introduction of inflationary factors.
Appropriate documents may be recorded in the Dane County Register
of Deeds office to provide notice that such undeveloped lands may
be subject to reimbursement hereunder. All rights to reimbursement
hereunder shall expire 30 years from the date of plat approval for
the subdivision, or from the date of such other Village approval,
which necessitated the original improvements for which such reimbursement
is sought.
B.
For streets and water distribution system improvements. Reimbursable
sums shall be calculated by prorating the total cost of the improvement
over the total platted or improved frontage abutting the improvement.
C.
For sanitary sewer improvements. Reimbursable sums shall be calculated
by prorating the total cost of the improvement over the total platted
or developed area within the gravity service area of the improvement
which is also within the urban service area.
