[Amended 12-15-2014 by Ord. No. 2014-13]
A.
General requirement. The subdivider is responsible for providing
all public and private improvements as may be required under this
chapter and/or the Village's approval. This requirement does not apply
to land divisions within the Village's extraterritorial jurisdiction.
B.
Options.
(1)
The required public improvements shall be installed by the subdivider
at his/her cost or:
(a)
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.
(b)
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.
(c)
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/her cost (at the time of construction) of those oversized
improvements constructed within the proposed land division but which
are oversized to serve lands beyond the boundaries of the land division
or other lands within the subdivider's control and which have not,
during the seven-year period, been reimbursed to the subdivider. Said
payment shall be only for the actual additional cost of constructing
the oversized improvements within the boundaries of the land division
and shall not provide for payment of any interest. The 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.
(2)
Any combination of the above as approved by the Village Board.
(3)
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 rights-of-way and construct and pay for such public improvement extensions as provided under Subsection B(1) or (2) above.
C.
Tax incremental districts. The requirement of installation, by the
subdivider, of the various improvements specified in this chapter
shall be subject to appropriate modification by vote of the Village
Board in the event that all or any part of the area encompassed by
the plat is included within an established tax incremental district
(TID) with an adopted project plan.
D.
Construction standards. The required public improvements shall be
installed consistent with the engineering standards and specifications
adopted by the Village Board. Where standards and specifications have
not been adopted, the improvements shall be made consistent with established
engineering practices as approved by the Village Engineer. When new
or revised standards and/or specifications have been adopted by the
Village Board, 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 and calculations for the construction
of the required public improvements.
E.
Commencement of work. No construction or installation of any public
or private improvement or any land disturbing activity shall commence
until after:
(1)
The
Village Board approves the preliminary plat or preliminary certified
survey map;
(2)
The
subdivider complies with those conditions of approval which must be
satisfied before the commencement of work as enumerated in this chapter
and/or the Village Board's approval;
(3)
The
Village Engineer approves all required plans or permits, including
construction plans for streets, sidewalks, water supply facilities,
sanitary sewerage facilities, stormwater management, grading, and
erosion/sediment control; and
(4)
The
subdivider obtains all other approvals from other authorities as may
be required to undertake the construction or installation of any public
or private improvement or any land disturbing activity.
F.
Completion of work. Prior to submitting a final plat or final certified
survey map for review, all public and private improvements shall be
completed by the subdivider and approved by the Village Engineer.
Upon petition by the subdivider, the Village Board may allow the subdivider
to provide a cash bond or a letter of credit to secure the installation
of any required public and/or private improvement, provided that the
subdivider's agreement for the project addresses the use and administration
of the cash bond or letter of credit. The cash bond or a letter of
credit shall be equal to 115% of the estimated cost of improvements
and other fees, costs, and other money as determined by the Village
Engineer. The Village Engineer may from time to time adjust the amount
of estimated costs of said improvements, and within 30 days of written
notice of said change the subdivider shall increase the financial
security by that amount or any other amount acceptable to the Village
Board. As the required improvements are installed and accepted or
for other purposes, the Village Board may authorize reductions of
the financial security in the amount deemed appropriate.
G.
Approval of contractors and subcontractors required. Contractors
and subcontractors retained by the subdivider to construct or install
public improvements and use or to prepare contracts and contract specifications
for such improvements shall be subject to the approval of the Village
Engineer.
H.
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 12-15-2014 by Ord. No. 2014-13]
A.
Letter of credit. If a subdivider provides a letter of credit under
this chapter, it shall be irrevocable and the Village will not be
obligated to pay interest thereon. The form of the letter of credit
is subject to the approval of the Village Attorney and the amount
of the letter of credit is subject to the approval of the Village
Engineer. A letter of credit is not accepted by the Village until
formal action by the Village Board. The bank, savings and loan, or
other financial institution issuing the letter of credit must be authorized
to do business in the State of Wisconsin and have a financial standing
acceptable to the Village Board. The provision of a letter of credit
shall in no event remove the burden of completing any improvement
covered by such letter of credit.
B.
Cash bond. If a subdivider provides a cash bond under this chapter,
the Village will not be obligated to pay interest thereon. Any such
cash bond shall remain in the custody of the Village. The amount of
the cash bond is subject to the approval of the Village Engineer.
A cash bond is not accepted by the Village until formal action by
the Village Board. The provision of a cash bond shall in no event
remove the burden of completing any improvement covered by such cash
bond. The subdivider shall pay a fee to the Village to compensate
the Village for the additional work required of the Village Clerk-Treasurer
to monitor and handle the cash deposit. The amount of such fee shall
be set by the Village Board from time to time by resolution.
[Amended 12-15-2014 by Ord. No. 2014-13]
A.
Submittal and review of construction plans. As required by § 495-23, the Village Engineer shall review and approval all construction plans for public improvements before any work commences on such improvements or any land altering activity is begun. Such construction plans shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin. All plans submitted for review shall bear the seal of the engineer preparing such plans. The engineer shall submit specifications and supporting calculations as required by the Village Engineer to enable him/her to review the plans. The Village Engineer shall review the plans 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 a construction plan, he/she shall notify the subdivider of any deficiencies. When the deficiencies are corrected to the satisfaction of the Village Engineer, he or she shall notify the subdivider.
B.
Construction and inspection. During the course of construction, the
Village Engineer shall make such inspections as he/she or the Village
Board deems necessary to ensure compliance with the plans and specifications
as approved. The subdivider shall pay the actual cost incurred by
the Village for such inspections. This fee shall pay the actual cost
to the Village of inspectors, engineers, and other parties necessary
to ensure satisfactory work.
C.
Corrective actions. If prior to final acceptance the Village Engineer
determines that any aspect of any public improvement is defective,
is not completed in a good worker-like manner, or does not comply
with approved plans, the subdivider shall correct such deficiency
in a timely manner.
D.
Certification by Village Engineer. The Village Engineer shall provide
a written report to the Plan Commission and the Village Board when
he or she determines that all public improvements comply with this
chapter and approved plans and have been completed in a good worker-like
manner. The report shall also document any corrective actions taken
by the subdivider.
E.
Record plans. After completing the public improvements and prior
to final acceptance of said improvements, the subdivider shall provide
the Village with two copies of record plans showing the as-built location
of all valves, manholes, stubs, sewers, water mains, and such other
facilities the Village Engineer may 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. 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 §§ 495-43 and 495-44.
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.
(1)
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.
(2)
After the installation of temporary block corner monuments by the
subdivider and establishment of street grades by the Board, the subdivider
shall grade the full width of the right-of-way of all streets proposed
to be dedicated in accordance with plans and standard specifications
reviewed and approved by the Village Engineer. The subdivider shall
grade the roadbeds in the street rights-of-way to subgrade.
(3)
After the installation of all utility and stormwater drainage improvements,
the subdivider shall surface all roadways in streets proposed to be
dedicated to the widths prescribed. Said surfacing shall be done in
accordance with plans and standard specifications reviewed and approved
by the Village Engineer. The cost of surfacing in excess of 36 feet
(face to face of curb width) that is not required to serve the needs
of the subdivision shall be borne by the Village. In any case, all
streets shall have, as a minimum, a three-inch blacktop mat (bituminous
concrete pavement).
C.
Conform to Official Map. The arrangements, 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 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 § 423-5 of the Village of East Troy Code. 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 major obstructions, such
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 of sidewalks or bikeways have not been
specifically fixed by ordinance, the sidewalks and bikeways shall
be laid to the established grade of the street. (Reference: § 66.0907,
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 bikeways, 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.
Specifications. All required sanitary sewerage systems shall satisfy the design specifications in Chapter 400, Sewers, of the Village of East Troy Code.
B.
Provision. 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. If,
at the time of final platting, sanitary sewer facilities are not available
to the plat but will become available within a period of 10 years
from the date of plat recording, the subdivider shall install or cause
to be installed sanitary sewers and sewer laterals to the street lot
line in accordance with this section and shall cap all laterals as
may be specified by the Village Engineer. In addition, the subdivider
shall extend sanitary sewer facilities to the limits of the subdivision
property lines, unless the Village Board determines that the land
adjacent to the subdivision is unlikely to require public sanitary
sewer service within said time. Any oversizing of sanitary sewer facilities
required by the Village and the recovery of costs associated with
that oversizing shall be addressed in a development agreement.
[Amended 8-19-2019 by Ord. No. 2019-06]
C.
Installation. Sanitary sewers, including all related items (manholes,
laterals, wyes, tees, stubs for future extensions, etc.), shall be
installed meeting the specifications and requirements of the Village.
The size, type, and installation of all sanitary sewers and laterals
(including such lift stations as may be necessary) proposed to be
constructed shall be in accordance with plans and standard specifications
prepared by the Village Engineer. Installation shall be required across
the entire length of each lot. Where sewers larger than 12 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 installing a twelve-inch sewer 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
from property owners or developers of the areas served outside the
subdivision, without inflation or interest adjustment in the recoupment
amount.
D.
Construction standards. The subdivider shall construct sanitary sewers
in 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. 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.
E.
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.
Specifications. All required water supply systems shall satisfy the design specifications in Chapter 475, Water, of the Village of East Troy Code.
B.
Provision. There shall be provided a water supply system in all areas
to be served by public sanitary sewer. 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 supply facilities from where they exist to the land
division in question, providing all water works within the land division,
and looping the water supply facilities in all locations deemed important
and financially feasible by the Village Engineer. In addition, the
subdivider shall extend water supply facilities to the limits of the
subdivision's property lines, unless the Village Board determines
that the land adjacent to the subdivision is unlikely to require public
water service within a period of 10 years from the date of the plat
recording. 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 spacing than 450 feet for residential
areas or 600 feet for commercial areas. Fire hydrants which have not
passed testing or have not been in operation shall be covered with
securely attached bags to preclude their being inadvertently used
by the Fire Department in an emergency situation. Any oversizing of
water supply facilities required by the Village and the cost associated
with that oversizing shall be addressed in a development agreement.
[Amended 8-19-2019 by Ord. No. 2019-06]
C.
Installation. 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. Where water
mains larger than 12 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 installing a twelve-inch water main. The difference
in the costs of the water mains necessary to serve the subdivision
(twelve-inch water mains) 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 from property owners or
developers of the areas served outside the subdivision, without inflation
or interest adjustment in the recoupment amount. Installation shall
be required all the way across each lot.
D.
Construction standards. 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. 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.
A.
Pursuant to § 495-47, the subdivider shall provide stormwater drainage facilities which include curb and gutter, manholes, lift stations, 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.
B.
If greater than thirty-six-inch diameter storm sewers are required
to handle the contemplated flows, the cost of such larger sewers shall
be prorated in proportion to the ratio which the total area of the
proposed plat is to the total drainage area to be served by such larger
sewer. The subdivider shall assume his/her prorated costs, with the
excess either borne by the Village or assessed against the remaining
tributary drainage area.
B.
Submittal of plans to utility companies. 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.
C.
Installation.
(1)
The subdivider shall cause natural 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. The subdivider shall provide an affidavit
that the maintenance of said public improvements will be guaranteed
by the subdivider due to use of the improvements by purchasers and
construction traffic.
(2)
All new natural gas, electric power, cable television, and telephone
facilities shall be installed underground unless the Village Board,
upon the recommendation of pertinent Village utilities or the Plan
Commission, specifically allows overhead poles for the following reasons:
D.
Required maintenance. Prior to any maintenance, repair, or replacement
being performed by the subdivider during the bond period, the subdivider
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.
The subdivider 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 Director of Public Works
until the street improvements have been accepted by Village Board
resolution.
B.
The Director of Public Works shall have the authority to impose any
restrictions on 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 grading, 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 § 495-32.
B.
Drainage easements. Drainage easements shall comply with the requirements
of this section.
C.
Easement locations.
(1)
Utility easements shall be at least 15 feet wide, unless the utilities,
in writing, approve a narrower width, and may run across lots or alongside
of rear lot lines. Such easements should preferably be located along
rear lot lines. Evidence shall be furnished the Plan Commission 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 plats or certified survey maps for
poles, cables, or conduits for electricity, telephone, or other private
utility lines shall be noted thereon as "Utility Easements." 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, and shall state that the elevation of such easements as
graded by the subdivider may not be altered by the subdivider or any
subsequent landowner by more than six inches.
When any public improvements of adequate capacity are not available
at the boundary of a proposed land division, the Village, or its duly
authorized representative, may 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.
C.
Extra-sized sewer improvements. The subdivider or developer shall
assume the cost of installing all sanitary sewerage system improvements
and facilities within the land division or development, including
the cost of any required boundary or cross land division sewer main,
except for added material cost of installing oversized sewers greater
than 12 inches in diameter, which are necessary to serve tributary
areas lying outside the proposed land division or development. The
Village shall credit or reimburse the subdivider or developer, as
appropriate, for the reasonable material costs of such required oversizing.
The Village Board may determine, on a case-by-case basis, to credit
or reimburse the subdivider or developer, as appropriate, for the
material costs of oversizing other sanitary sewerage system improvements
and facilities, such as lift stations, relating to the land division
or development.
D.
Extra-sized water improvements. The subdivider or developer shall
assume the cost of installing all water system improvements and facilities
within the land division or development, including the cost of any
required boundary water main, except for added material cost of installing
oversized water mains greater than 12 inches in diameter, which are
necessary to serve areas lying outside the proposed land division
or development. The Village shall credit or reimburse the subdivider
or developer, as appropriate, for the reasonable material costs of
such required oversizing. The Village Board may determine, on a case-by-case
basis, to credit or reimburse the subdivider or developer, as appropriate,
for the material costs of oversizing other required water system improvements
and facilities within the land division or development.
E.
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.
[Amended 12-15-2014 by Ord. No. 2014-13]
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 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 the 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 owed to any surveyor,
mechanic, contractor, subcontractor, material man, 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.
C.
Maintenance guarantee after final acceptance. Prior to final acceptance
of the required public improvements, the subdivider shall provide
the Village with a cash deposit or a letter of credit, in a form acceptable
to the Village Attorney, that is equal to 15% of the amount of the
cash deposit or letter of credit the subdivider provided the Village
prior to the start of construction or the largest amount allowed by
law, whichever is greater. If within one year of final acceptance
the Village Engineer determines that the public improvements need
repair due to faulty materials or workmanship or the subdivider damages
Village property and/or improvements, the Village Clerk-Treasurer
shall give the subdivider a fourteen-day written notice to perform
such repairs. If the repairs are not begun within the fourteen-day
period and completed within a reasonable time thereafter, as determined
by the Village Board, the Village may complete the repairs. The cost
of the repairs shall be billed to the subdivider and paid by the subdivider
within a reasonable time, as determined by the Village Board, or taken
out of the cash deposit or letter of credit. If the Village draws
against the cash deposit or letter of credit, the subdivider shall,
within 10 working days of such draw, replenish said moneys up to the
aggregate amount. This financial guarantee shall not be a bar to any
action the Village might have for negligent workmanship or materials.
Wisconsin law on negligence shall govern such situations.
The subdivider shall be required to grade the full land division in accordance with the requirements of § 495-49.
The Village Board may require the subdivider to plant at least
one tree of a species acceptable to the Village Board and of at least
six feet in height for each 50 feet of frontage on all streets proposed
to be dedicated. The required trees shall be planted in the lawn area
of the right-of-way in accordance with plans and standard specifications
approved by the Village Engineer.
[Added 12-15-2014 by Ord.
No. 2014-13]
Before final approval of any final plat or certified survey
map within the corporate limits of the Village, the subdivider shall
install monuments consistent 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 ensure the placing of such monuments within the time required.
The Village Clerk-Treasurer is authorized to accept a letter of credit
for monumentation on behalf of the Village 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/her cost.
