A.
General requirement.
(1)
In accordance with the authority granted by § 236.13, Wis.
Stats., the Town of Pacific hereby requires that, as a condition of
final plat or certified survey approval, the subdivider agrees to
make and install all public improvements required by this chapter
and that the subdivider shall provide the Town with security to ensure
that the subdivider will make the required improvements. As a further
condition of approval, the Town 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 Town requires that the public ways have been previously provided
with all necessary facilities constructed to Town 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 Town Board.
B.
Costs. All public improvements prescribed by this chapter shall be
installed by the subdivider at his cost.
C.
General standards. The required public improvements shall be installed
in accordance with the engineering standards and specifications that
have been adopted by the Town 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 Town Engineer. When new or revised standards
and/or specifications have been adopted by the Town, 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 Town 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.
[Amended 2-18-2014 by Ord. No. 2014-1; 9-16-2014 by Ord. No.
2014-9; 2-17-2015 by Ord. No. 2015-3]
A.
Contract. The subdivider shall be required to enter into a contract
with the Town for land division improvements agreeing to install improvements
as herein required, provided before final approval of any plat, certified
survey or land division, the subdivider shall enter into a written
contract, termed a "developer's agreement," with the Town. The
contract form shall be drafted by the subdivider's attorney and
may provide for a phasing of public improvements construction, providing
such phasing is approved by the Town Board. The Town reserves the
right to control the phasing through limits and sequence so as to
provide for continuity of streets, sewers, water mains, and other
necessary public improvements within and between the phases.
B.
Form and content. The developer's agreement shall be prepared
by the subdivider's attorney, subject to review and recommendation
by the Plan Commission and approval by the Town Board, and including
provisions covering:
(1)
The types, engineering specifications, and timing of all public and
certain private improvements associated with the land division;
(2)
Approval by the Town Engineer of engineering design plans and of
all contractors performing work on public improvements specified in
such plans prior to the commencement of construction, and limitations
to subsequent changes to such plans and contractors without first
obtaining Town Engineer approval of such changes;
(3)
Requirements that the subdivider and its contractors engaged in work
on public improvements be adequately insured for liability arising
from the construction and condition of public improvements, including
indemnification of the Town and its agents in the event of a claim;
(4)
Adequate supervision and regulation of construction schedules and
methods;
(5)
Inspection and approval of construction details and public improvements
by the Town Engineer following their installation and prior to acceptance
by the Town;
(6)
Requirements for dedication and acceptance of public lands and improvements
by the Town;
(7)
Guarantees by the subdivider covering construction of all public
improvements, in accordance with Wisconsin Statutes and in such form
agreed to by the Town and subdivider for a term of not less than 14
months following the date of substantial completion, and for an additional
one year after each replacement of any guaranteed work;
(8)
Payment of required fees and reimbursement for Town staff and consultant
review time associated with the land division;
(9)
Provision by the subdivider for a "record drawing" survey followed
by "record drawing" plans of the construction of the improvements.
These provisions will be made available to the Town and the Town Engineer
prior to Town acceptance of all public improvements, in a hard-copy
format and digital format determined acceptable by the Town Engineer;
(10)
Remedies that the Town may utilize in the event of noncompliance
with the terms of the developer's agreement or this chapter;
(11)
Financial guarantees as provided in the following subsection;
(12)
Landscape planting requirements for landscaped buffer yards;
(13)
Survey monumentation expectations; and
(14)
Such other provisions as may be required by the Town Board to
carry out the intent of this chapter as it applies to the land division.
C.
Financial guarantees.
(1)
The subdivider shall file with said contract, in such form approved
by the Town Attorney, a bond or letter of credit (which of those forms
of financial guarantee is selected by subdivider) in an amount equal
to 120% of the estimate of the cost of the improvements required by
this chapter to be installed by the subdivider, as determined by the
Town Engineer; said filing of surety shall guarantee that such improvements
initially required to be installed by the developer 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. (This
chapter permits some improvements to be installed at a later date.)
When the security is furnished to insure the construction of required
improvements within the extraterritorial jurisdiction of the city,
it may be required to name both the Town and the city as obligees,
payees or beneficiaries.
(2)
However, the subdivider may elect, with the approval of the Town,
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 120% of the
estimated costs of improvements required by this chapter to be installed
by the subdivider as required by the installation and construction
schedules pursuant to the requirements of the Town Engineer;
(c)
The developer records deed restrictions approved by the Town
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 Town'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 and stormwater plans and measures, as well as
plans for other construction improvements, are submitted which address
the individual phases of construction and Town requirements and are
approved.
(3)
The time limit for completion of a phased improvement program shall
take into account the needs and desires of the Town 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 Town Engineer, upon written request from the subdivider from time to time, is authorized to recommend to the Town Board a reduction in the amount of surety as hereinafter provided. When portions of construction (earthwork, water, sanitary sewer, street, sidewalk, greenway or other improvements) are substantially completed by the subdivider and determined acceptable by the Town Engineer, the Town Board, upon request of the subdivider and upon submission of lien waivers by the subdivider's contractors, shall reduce the amount of surety. The amount of surety remaining shall be equal to the cost in the estimate of the Town Engineer to complete any uncompleted public improvements, plus 10% of the total cost of the completed public improvements, to insure performance of the guarantee as specified in Subsection E 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 Town Engineer, are valid for noncompletion, the Town Board, upon the request of the subdivider, shall reduce the amount of surety to an amount, in the estimate of the Town Engineer, sufficient to cover the work remaining to be completed, including performance of the one-year guarantee period against defects in workmanship and materials, which amount shall not exceed the applicable limit under § 236.13(2)(a), Wis. Stats. 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 Town Engineer prior to commencing construction.
(5)
The subdivider shall agree in the development contract to pay all
Town legal fees, Town engineering fees, Town administrative fees,
street and pertinent assessments, specifically area charges for sanitary
sewer mains and water main assessments, including where the land division
abuts existing streets which are not improved within the Town standard
street improvements (including but not limited to curb and gutter,
local storm sewer, sidewalks and a bituminous pavement).
(6)
The subdivider shall ensure that any financial guarantees will include
and abide by any applicable minimum wage requirements under state
law. It is the responsibility of the subdivider to document, account
for, and include any applicable minimum state wage legislation.
D.
Waiver of special assessment notice and hearing. The subdivider shall
file with said contract, subject to the approval of the Town Attorney,
a waiver of special assessment notices and hearings such that the
subdivider, his 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, Wis. Stats.
E.
Improvement guarantee. The subdivider shall include in said contract
an instrument of public improvement guarantee by letter of credit
or performance bond (by a bonding company with assets exceeding $10,000,000
and authorized to do business in the State of Wisconsin) which 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/letter of credit term, or any penalties which
may be incurred as a result thereof, equal to 10% of the cost of the
completed public improvements. If, within 14 months after the date
of substantial completion of any public improvement, any work on that
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 Town Engineer and shall, at subdivider's
cost, provide as-built plans to the Town per § 440-2D[1] of this Code. 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 Town 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. Thereafter,
any remaining amount, on such performance bond or improvement guaranty
that is not needed by the Town to remedy such defect and fulfill subdivider's
responsibilities, shall be released within the time limits provided
under Ch. 236, Wis. Stats.
A.
Engineering reports, construction plans and specifications. As required by § 440-12, engineering reports and preliminary plans 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 Town Engineer and the ordinances of the Town 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 Town Engineer to enable him to review the plans and specifications. Such plans and specifications, together with the quantities of construction items, shall be submitted to the Town 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 Town Clerk or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished.
B.
Action by the Town Engineer. The Town Engineer shall review or cause
to be reviewed the plans and specifications for conformance with the
requirements of this chapter and other pertinent Town ordinances and
design standards recommended by the Town Engineer and approved by
the Town Board. If the Town Engineer rejects the plans and specifications,
he shall notify the owner, who shall modify the plans or specifications,
or both, accordingly. When the plans and specifications are corrected,
the Town Engineer shall recommend the plans and specifications for
approval and transmittal to the Town Board. The Town Board shall approve
the plans and specifications before the improvements are installed
and construction commenced.
C.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans approved above,
written authorization to start the work shall be obtained from the
Town Engineer upon receipt of all necessary permits and in accordance
with the construction methods of this chapter. Building permits shall
not be issued until all improvements required by this chapter are
satisfactorily completed.
(2)
During the course of construction, the Town Engineer shall make such
inspections as he or the Town Board deems necessary to ensure compliance
with the plans and specifications as approved. The owner shall pay
the actual cost incurred by the Town for such inspections. This fee
shall be the actual cost to the Town of inspectors, engineers and
other parties necessary to ensure satisfactory work.
D.
As-built 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 road elevations, pavement widths,
shoulder widths, property pins, sign locations, road grades and slope,
building elevations, stormwater facility details, and such other facilities
as the Town Engineer shall require. These shall be prepared as a hard
copy and digital copy of the construction plans and shall bear the
signature and seal of an independent professional engineer registered
in Wisconsin who has been approved by the Town Board. 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 Town Clerk and Town Engineer.
A.
Acceptance of improvements. The dedication of any improvements, utilities,
streets, parks, easements, rights-of-way or other lands or rights
to the Town shall not be considered accepted by the Town for public
ownership until as-built record plans, prepared by an independent
professional engineer registered in Wisconsin, have been submitted
and approved and until such time as the required public improvements
within the intended dedication have been completed and accepted by
the Town Board by adoption of a resolution accepting such dedication.
Improvements shall be dedicated 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 resolution. In the event
the Town 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, the costs of such measures shall
hereby be determined to be Town-incurred costs to be reimbursed 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
Town 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 Town Engineer and approved by the Town 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, material supplier or laborer after all
required improvements have been installed.
(2)
The Town Clerk shall certify that there are no unpaid fees, 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 Town Engineer shall conduct any necessary final inspections of
the improvements and forward a report to the Town 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 Town
Engineer, together with the recommendation of the Town Clerk, shall
be forwarded to the Town Board for approval and acceptance of the
improvements and dedications.
C.
All unrecorded approved documents, such as construction plans, etc.,
shall be signed and dated by the Town Chair and kept as part of the
official Town records.
Where the Town Board determines, upon recommendation from the
Town Engineer, that curb and gutter is required for the proper handling
of stormwater, the subdivider shall construct concrete curb and gutter.
Such improvements shall be in accordance with plans and specifications
approved by the Town Board. The cost of the required curb and gutter
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.
Sidewalks are required for the rights-of-ways of arterial streets
and collector streets, as well as in high traffic areas such as the
vicinity of schools, commercial areas and other areas of public assemblage.
In addition, the Town Board may require sidewalks, pedestrian pathways
and bikeways, upon the recommendation of the Town Engineer, in other
locations where necessary for safe and adequate pedestrian and bicyclist
circulation.
A.
Cost of construction. The cost of these improvements, which may include
associated legal/engineering and inspection costs, shall be paid for
by the subdivider. Sidewalks in residential subdivisions shall be
installed within six months of issuance of the lot owner's occupancy
permit.
B.
Specifications. All required improvements under this subsection shall
satisfy the design specifications approved by the Town Engineer. The
Town Board shall determine where sidewalks and/or bikeways are required
in accordance with this section.
C.
Location. The required sidewalks and bikeways shall conform to Town
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 road right-of-way or within an easement, with
the approval of the Town 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 Town standards.
(3)
In all cases where the grades of sidewalks or bikeways have not been
specifically fixed by ordinances, 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 that 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 Town ordinance, persons may ride a bicycle upon public
sidewalks.
A.
The subdivider shall provide a sanitary sewerage system where it
is determined that private on-site septage handling/treatment is not
available. The subdivider shall make adequate sewerage disposal systems
available to each lot within the subdivision or minor subdivision.
B.
Private sewage disposal systems shall comply with Wisconsin Administrative
Code, Department of Safety and Professional Services §§ SPS
382, 383 and 385, and with the Columbia County Sanitation Ordinance.
All public sanitary sewers shall be in accordance with Ch. NR 110,
Wis. Adm. Code.
C.
The subdivider shall provide service laterals to all lots as required
for combined systems.
D.
The subdivider shall pay all the costs of all sanitary sewer work
including the bringing of the sanitary sewer from where it exists
to the subdivision in question as well as providing all sanitary sewer
work within the subdivision. 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 receiving wastewater
system and the Town of Pacific.
E.
The minimum size for public sanitary sewers shall be eight inches
in diameter.
F.
Public sanitary sewers, including all related items (manholes, wyes,
tees, stubs for future extensions, etc.), shall be installed, meeting
the specifications and requirements of the appropriate sanitary district
and the Town. Installation shall be required all the way across each
lot. Where sewers larger than eight inches in diameter or deeper than
16 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 Town
or Sanitary District Engineer, shall be borne by the developer, with
the right of recoupment, without inflation or interest adjustment
in the recoupment amount and may be special assessed to the benefited
properties in the future.
G.
The subdivider shall construct sanitary sewers in such a manner as
to make adequate sanitary sewerage service available to each lot within
the subdivision. Gravity sanitary sewers shall be extended to the
land division and to each buildable lot in accordance with the approved
utility plans. Sewer service laterals shall be installed from the
sanitary sewer mains to the property line of every lot in the subdivision.
This installation will be coordinated with the installation of sanitary
sewers. All sanitary sewer facilities shall be floodproofed, in accordance
with Ch. NR 110, Wis. Adm. Code
H.
The ends and invert elevations of the services for each lot shall
be accurately measured and recorded on the as-built plans with the
Town Engineer and marked in the field with appropriate staking.
A.
The subdivider shall provide stormwater drainage facilities that may include curb and gutter, catch basins and inlets, storm sewers, road ditches and open channels and detention/retention basins as are necessary (refer to § 440-37). Such required stormwater drainage facilities and improvements shall be dedicated to the Town upon such terms and conditions as the Town Board may determine.
B.
Storm sewers shall be of adequate size and grade to hydraulically
accommodate the twenty-five-year frequency storm; culverts shall be
designed to accommodate the twenty-five-year frequency storm and shall
be sized so that the one-hundred-year frequency storm does not cause
flooding of the adjacent roadway or damage to property. The post-development
stormwater release rate shall not exceed the predevelopment release
rate from the subdivision's drainage area in at least the one-hundred-year
storm event. This is a minimum standard, and the Town Engineer may
require more restrictive conditions as the Town Engineer deems appropriate.
The Town Engineer, depending on the specific situation, may require
stormwater swales and ditches to be sized for from twenty-five-year
to one-hundred-year frequency storms, depending upon the estimated
amount of damage that would be incurred by adjacent properties if
flooding did occur. Storm drainage facilities shall be designed to
minimize hazards to life or property, and the size, type and installation
of all stormwater drains and sewers proposed to be constructed shall
comply with the plans and specifications approved by the Town Board
upon the recommendation of the Town Engineer. Storm sewers oversized
to handle runoff from off-site properties will be installed by the
subdivider.
A.
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 or minor
subdivision.
B.
All new electrical distribution, television cables and telephone
lines from which lots are individually served shall be underground
unless the Town Board specifically allows overhead poles for the following
reasons:
(1)
Topography, soil, water table, solid rock, boulders, or other physical
conditions would make underground installation unreasonable or impractical.
(2)
The lots to be served by said facilities can be served directly from
existing overhead facilities.
(3)
Plans indicating the proposed location of all gas, electric power
and telephone distribution and transmission lines required to service
the plat shall be approved by the Town Board, and such map shall be
filed with the Town Clerk.
C.
All utility pedestals shall be placed in the rear of proposed lots.
A.
The subdivider shall pay the costs of providing and installing the
street signing necessary to serve the development. Such signing shall
include street name signs, speed limit signs, regulatory and directional
signs, and such temporary barricades and "road closed" signs as may
be required by the Town Engineer until the street improvements have
been accepted by Town Board resolution.
B.
The Town Engineer shall have the authority to impose any restrictions
to traffic on street improvements not yet accepted by the Town as
he 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.
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, if requested by the
owner of such adjacent agricultural land when the preliminary plat
is approved. 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, if required.
A.
Utility easements. The Town Board, on the recommendation of appropriate departments, utilities and agencies serving the Town, shall require utility easements for poles, wire, conduits, storm and sanitary sewers, gas, water and head mains or other utility lines. It is the intent of this chapter to protect all established easements so as to assure proper grade, assure maintenance of the established grade, prohibit construction of permanent fences or retaining walls over underground installation and prevent the planting of trees in the easement area. All such utilities shall be installed underground, as required in § 440-27.
B.
Drainage easements. Drainage easements shall comply with the requirements of § 440-37.
(1)
There shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose and as may be necessary to comply with this section; or
(2)
The watercourse, drainageway or channel may be relocated in such
a manner that the maintenance of adequate drainage will be assured
and the same provided with a stormwater easement or drainage right-of-way
conforming to the lines of the relocated watercourse and such further
width or construction, or both, as will be adequate for the purpose
and may be necessary to comply with this section; and
(3)
Wherever possible, it is desirable that the drainage be maintained
by an open channel with landscaped banks and adequate width for maximum
potential volume flow; in all cases, such watercourse shall be of
a minimum width established at the high-water mark or, in the absence
of such specification, not less than 30 feet.
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 along lot lines.
Such easements should preferably be located along rear lot lines and
may be located along side-lot lines where necessary. Evidence shall
be furnished the Town Board that easements and any easement provisions
to be incorporated in the plat or in deeds have been reviewed by the
individual utility companies or the organization responsible for furnishing
the services involved.
(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 at least 20 feet wide and noted
thereon as "public easement for" followed by reference to the use
or uses for which they are intended.
D.
Recorded easement documents. A declaration and/or other documents
legally providing for the easements required under this chapter as
well as any other shown on the plat/certified survey map shall accompany
each final plat or certified survey map, and shall be recorded concurrently
at the Register of Deeds' office with the recording of the plat/certified
survey map. The plat/certified survey map shall specifically refer
to the declaration and/or other easement document(s) that apply to
that plat/certified survey map. In addition to whatever else may be
contained therein, such easement document(s) shall describe the location
and width of all utility and public easements which are being established.
A description by reference to the final plat or certified survey map
shall suffice. Such easement documents shall further provide that
the utility companies and the public agencies using such easements
are granted the appropriate rights to use such easements and shall
state that the elevation of such easements as graded by the subdivider
may not be altered thereafter by the subdivider or any subsequent
landowner by more than six inches without Town approval.
When any public improvements of adequate capacity are not available
at the boundary of a proposed land division, the Town or appropriate
sanitary district 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.
The subdivider shall be required to grade the full land division in accordance with the requirements of § 440-39.
