A.
Payment for improvements. Except as otherwise set
forth, the improvements prescribed in this chapter are required as
a condition of approval of the land division. Except as otherwise
set forth herein, the subdivider, at its sole cost and expense, shall
install, furnish and finance the improvements described in this chapter.
The Village Board may, in its discretion, determine that it is in
the Village's best interest and elect to pay for all or a portion
of required improvements described in this chapter.
[Amended 8-24-2020]
B.
General standards. The following required improvements
in this chapter shall be installed in accordance with the engineering
standards and specifications which have been adopted by the Village
Board. Where standards and specifications have not been adopted, the
improvements shall be made in accordance with good engineering practices,
approved prior to the start of construction by the Village Engineer.
C.
Additional conditions. As further conditions of approval,
the Village Board may require any or all of the following:
(1)
That the subdivider make and install any public improvements
reasonably necessary or that the subdivider execute a surety bond
or provide other security to insure that he or she will make those
improvements within a reasonable time;
(2)
That as a condition for accepting the dedication of
public streets, alleys, or other ways, or for permitting private streets,
alleys, or other public ways to be placed on the Official Map, designated
facilities shall have been previously provided without cost to the
municipality, but which are constructed according to municipal specifications
and under municipal inspection, such as, without limitation because
of enumeration, sewerage, water mains and laterals, grading and improvements
of streets, alleys, sidewalks and other public ways, streetlighting,
street trees, or other facilities designated by the Village Board,
or that a specified portion of such costs be paid in advance as provided
in § 66.0709(2), Wis. Stats.
(3)
That the subdivider be responsible for the cost of
any necessary alterations of any existing utilities which, by virtue
of the plat or the certified survey map, fall within the public right-of-way.
(4)
That the subdivider dedicate easements for the purpose
of assuring the unobstructed flow of solar energy across adjacent
lots in the subdivision of land.
A.
Contract. Prior to the installation of any required improvements and prior to approval of the preliminary plat, the subdivider shall enter into a written contract with the Village requiring the subdivider to furnish and construct said improvements according to any cost-sharing arrangement approved by the Village Board as provided for in § 281-20, and in accordance with plans and specifications and usual contract conditions, which shall include a provision for the inspection and approval of construction details by the Village Engineer.
[Amended 8-24-2020]
B.
Financial guarantees.
(1)
The agreement shall require the subdivider to make
an escrow deposit or, in lieu thereof, to furnish a performance bond
or irrevocable letter of credit, the amount of the deposit and the
penal amount of the bond to be equal to 1 1/4 times the Village Engineer's
estimate of the total cost of the improvements to be furnished under
the contract, including the cost of inspection.
(2)
On request of the subdivider, the contract may provide
for completion of part or all of the improvements covered thereby
prior to acceptance of the plat, and in such event the amount of the
deposit, irrevocable letter of credit, or bond shall be reduced in
a sum equal to the estimated cost of the improvements so completed
prior to acceptance of the plat only. If the required improvements
are not complete within the specified period, all amounts held under
the performance bond shall be turned over and delivered to the Village
and applied to the cost of the required improvements. Any balance
remaining after such improvements have been made shall be returned
to the owner or subdivider. The Village Board, at its option, may
extend the security period for additional periods not to exceed two
years each period.
(3)
The time for completion of the work and the several
parts thereof shall be determined by the Village Board upon recommendation
of the Village Engineer after consultation with the subdivider. The
completion date shall be a component of the contract.
(4)
The subdivider shall pay the Village for all costs
incurred by the Village for review and inspection of the subdivision.
This would include review, and preparation at the Village Board's
discretion, of plans and specifications by the Village Engineer and
Village Attorney, as well as other costs of a similar nature.
A.
Engineering reports, construction plans and specifications. As required by § 281-11, engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the preliminary plat. At the final plat stage, construction plans for the required improvements conforming in all respects to the standards of the Village Engineer and the ordinances of the Village shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his seal. Such plans, together with the quantities of construction items, shall be submitted to the Village 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 with the Village Clerk-Treasurer, or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements, with a copy sent to the appropriate sanitary district:
(1)
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles showing the locations,
grades, sizes, elevations and materials of required facilities.
(3)
Storm sewer and open channel plans and profiles showing
the locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(4)
Water main plans and profiles showing the locations,
sizes, elevations and materials of required facilities.
(5)
Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation. Such plans shall comply with Chapter 157, Erosion Control.
(6)
Planting plans showing the locations, age, caliper,
species and time of planting of any required grasses, vines, shrubs
and trees.
(7)
Additional special plans or information as required
by Village officials.
B.
Action by the Village Engineer. The Village Engineer
shall review or cause to be reviewed the plans and specifications
for conformance with the requirements of this chapter and other pertinent
Village ordinances and design standards recommended by the Village
Engineer and approved by the Village Board. If the Village Engineer
rejects the plans and specifications, he shall notify the owner, who
shall modify the plans or specifications or both accordingly. When
the plans and specifications are corrected, the Village Engineer shall
approve the plans and specifications for transmittal to the Village
Board. The Village Board shall approve the plans and specifications
before the improvements are installed and construction commenced.
C.
Other requirements.
(1)
Approval by Engineer. Contracts and contract specifications
for the construction of street and utility improvements on dedicated
street rights-of-way, as well as the contractors and subcontractors
providing such work, shall be subject to the approval of the Village
Engineer.
(2)
Governmental units. Governmental units to which these
bond and contract provisions apply may file, in lieu of said contract
and bond, a letter from officers authorized to act on their behalf
agreeing to comply with the provisions of this section.
(3)
Plats outside the corporate limits. Before final approval
by the Village of any plat located outside the corporate limits of
the Village, but within the plat approval jurisdiction of the Village,
the subdivider shall give evidence that he has complied with all street
and utility requirements of the town in which the land being platted
is located.
(4)
Survey monuments. Before final approval of any plat
within the Village or its extraterritorial jurisdictional limits,
the subdivider shall install survey monuments placed in accordance
with the requirements of § 236.15, Wis. Stats., and as may
be required by the Village Engineer.
D.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans
approved above, written authorization to start the work shall be obtained
from the Village Engineer upon receipt of all necessary permits and
in accordance with the construction methods of this chapter. Building
permits shall not be issued until all improvements required by this
chapter are satisfactorily completed.
(2)
Construction of all improvements required by this
chapter shall be completed within two years from the date of approval
of the preliminary plat by the Village Board, unless good cause can
be shown for the Village Board to grant an extension.
(3)
During the course of construction, the Village Engineer
shall make, or cause to be made, such inspections as the Village Board
deems necessary to ensure compliance with the plans and specifications
as approved. The owner shall pay the actual cost incurred by the Village
for such inspections. This fee shall be the actual cost to the Village
of inspectors, engineers and other parties necessary to ensure satisfactory
work.
E.
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 three copies of record plans showing
the actual location of all valves, manholes, stubs, sewers and water
mains and such other facilities as the Village Engineer shall require.
These plans shall be prepared on the original mylars of the construction
plans and shall bear the signature and seal of a professional engineer
registered in Wisconsin. The presentation of the record plans shall
be a condition of final acceptance of the improvements and release
of the surety bond assuring their completion.
The subdivider shall construct streets, roads
and alleys as outlined on the approved plans based on the requirements
of this chapter.
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, and to public convenience and safety and in their appropriate
relation to the proposed uses of the land to be served by such streets.
B.
Construction standards. Construction of all streets
shall conform to the current standards as established by the Village
Board and this chapter and shall be subject to approval of the Village
Engineer before acceptance.
C.
Official Map. The arrangement, width, grade and location
of all streets shall conform to the Official Map.
D.
Street construction. After sanitary sewer, storm sewer,
water, and other necessary utilities have been installed, the subdivider
shall construct and dedicate as part of the subdivision streets and
curbs and gutters. The subdivider shall surface roadways to the widths
prescribed by Village specifications. Construction shall be to Village
standard specifications for street improvements.
E.
Completion of street and sidewalk construction.
(1)
No building permit shall be issued for the construction
of any residential dwelling until sewer, water, grading and graveling
are installed in the streets necessary to service the property for
which the permit is required.
(2)
The Village Board may issue a waiver of these requirements
in unusual or special circumstances, such as excessively severe weather
conditions, heavy construction temporarily in area or construction
material shortages (i.e., cement, asphalt). The issuance of a waiver
shall be at the discretion of the Village Board.
(3)
The subdivider requesting a waiver shall do so in
writing, presenting such information and documentation as required
by the Village Board. The waiver shall be in written form and shall
detail which improvement requirements are temporarily waived and for
what period of time.
[Amended 8-24-2020]
After the installation of all utility and stormwater drainage
improvements, the subdivider shall, if mandated by the Village Board,
construct concrete curbs and gutters in accordance with plans and
standard specifications approved by the Village Board, on file with
the Village Clerk-Treasurer. Wherever possible, provision shall be
made at the time of construction for driveway access curb cuts. The
foregoing notwithstanding, the Village Board may, in its sole discretion,
waive the requirement for concrete curbs and gutters in lieu of excavated
drainage ditches and culverts in instances where the following conditions,
as determined by the Village Engineer, are appropriate and applicable:
A.
The development is to have a more rural feel;
B.
The ditches and culverts will slow the rate of water runoff;
C.
The ditches and culverts will enable water to flow more naturally;
D.
The ditches and culverts will alleviate maintenance for the Village
Public Works Department; and
E.
The ditches and culverts will provide storage and infiltration of
surface runoff, reducing runoff volume and improving water quality.
A.
Sidewalks are required for the rights-of-way of major
and collector streets. The Village Board may also require sidewalks
for platted areas which the Village Board determines will significantly
increase traffic volume. The construction of all sidewalks shall be
in accordance with plans and standard specifications approved by the
Village Engineer.
B.
In addition, 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 Code if such walks
are necessary, in its opinion, for safe and adequate pedestrian circulation.
A.
There shall be provided a sanitary sewerage system
in conformity with the master plan of sewers as approved by the Village
Board.
B.
The subdivider shall make adequate sewage disposal
systems available to each lot within the subdivision, certified survey
map parcel or minor land division.
C.
Subdivisions and certified survey map parcels shall
be served by public sewer facilities. The size, type, and installation
of all sanitary sewers proposed to be constructed shall be in accordance
with plans and specifications approved by the Village. No land shall
be subdivided for residential use where individual lift stations are
required for connection to the public sewer or where on-site sewage
disposal systems are required for the disposal of wastewater, except
that on-site sewage disposal systems will be permitted in the extraterritorial
area where land is being divided for the construction of housing for
members of families of active farmers or for employees of active farmers.
D.
The Village Board shall require the installation of
sewer laterals to the street lot line.
E.
The subdivider shall assume the cost of installing
all sanitary sewers eight inches in diameter or less in size, including
the bringing of the sanitary sewer from where it exists to the subdivision
or minor land division in question, as well as providing all sanitary
sewer work within the subdivision or minor land division. If greater
than eight-inch diameter sewers are required to handle the contemplated
sewage flows, the costs of such larger sewers shall be prorated in
proportion to the ratio which the total area of the proposed subdivision
or certified survey map is to the total drainage area to be served
by such larger sewer and the excess cost either borne by the Village
or assessed against the total tributary drainage area.
F.
The subdivider shall install sanitary sewers in accordance
with this Code and specifications of the Village Engineer where it
is determined that the proposed subdivision or minor land division
lies within a public sanitary sewer service area and sanitary sewer
facilities are programmed to be extended to the proposed subdivision
or minor land division within six years. Until such time as the public
sewers within the subdivision or minor land division can be connected
to the community public sewer system, they shall be temporarily capped.
No private or public use shall be connected to the sewers within the
subdivision or minor land division until such sewers are connected
to the larger community system. The subdivider shall indicate on the
face of the plat or certified survey map that the owner of private
uses within the subdivision or minor land division shall connect such
uses to the sewers in the subdivision or minor land division at the
time such sewers are connected to the community sewer system, and
that the Village is held harmless for any damages or costs incurred
to disconnect and abandon any on-site sanitary sewer disposal system
then in place and any costs associated with connection to the public
sewer mains.
A.
When public water supply and distribution facilities
are available to the subdivision plat or minor land division or when
it is proposed to establish a private water supply and distribution
system to serve two or more lots, the subdivider shall cause such
water supply and distribution facilities to be installed in such a
manner as to make adequate water service available to each lot within
the subdivision or minor land division. The subdivider shall make
provision for adequate private water systems as required by the Village
in accordance with the standards of the Wisconsin Department of Commerce.
B.
The Village Board may require the installation of
water laterals to the street lot line.
C.
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 Board.
D.
The subdivider shall assume the cost of installing
all water mains, water laterals and water system appurtenances within
the proposed subdivision or minor land division, except for the added
cost of installing water mains greater than eight inches in diameter.
E.
The subdivider shall install water mains in accordance
with this Code and specifications of the Village Engineer when it
is determined that the proposed subdivision or minor land division
lies within a public sanitary sewer service area and water main facilities
are programmed to be extended to the proposed subdivision within six
years. Until such time as the public water mains within the subdivision
or minor land division can be connected to the larger community water
supply system, they shall be temporarily capped. No private or public
use shall be connected to the water mains within the subdivision or
minor land division until such water mains are connected to the larger
community water supply system. The subdivider shall indicate on the
face of the plat that the owner of private uses within the subdivision
or minor land division shall connect such uses to the water mains
within the subdivision or minor land division, and that the Village
is held harmless for any damages or costs incurred to disconnect and
abandon any on-site water supply system then in place and any costs
associated with connection to the public water mains.
A.
Pursuant to § 281-41, the subdivider shall provide stormwater drainage facilities adequate to serve the subdivision or minor land division which may include curb and gutter, catch basins and inlets, storm sewers, road ditches, open channels and water retention structures and settling basins, as may be required. Storm sewers are to be of adequate size and grade to hydraulically accommodate the ten-year storm. Culverts shall be designed to accommodate the ten-year storm and shall be sized so that the twenty-five-year frequency storms do not cause flooding of the adjacent roadway. Upon the approval of the Village Engineer, stormwater swales and ditches may 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 so designed as to minimize hazards to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Board, upon the recommendation of the Village Engineer. Storm sewers oversized to handle runoff from off-site properties will be installed by the subdivider; however, the cost of oversizing such larger sewers shall be prorated in proportion to the ratio which the total area of the proposed subdivision or minor land division is to the total drainage area to be served by such larger sewer and the excess cost either borne by the Village or assessed against the total tributary drainage area.
B.
Unpaved road ditches and street gutters may be permitted only within the Village's extraterritorial plat approved jurisdictional area or where approved by the Village Board pursuant to § 281-24, and shall be shaped and seeded and/or sodded as grassed waterways. Where the velocity of flow is in excess of four feet per second on soils having a severe or very severe erosion hazard or in excess of six feet per second on soils having moderate, slight or very slight erosion hazard, the subdivider shall install a paved invert or check dams, flumes or other energy-dissipating devices.
[Amended 8-24-2020]
C.
Drainage facilities shall, if required, include water
retention/detention structures and settling basins so as to prevent
erosion and sedimentation where such facilities discharge into streams
or lakes. The design criteria and the size, type, grades and installation
of all stormwater drains and sewers and other cross-section, invert
and erosion control paving check dams, flumes or other energy-dissipating
structures and seeding and/or sodding of open channels and unpaved
road ditches proposed to be constructed shall be in accordance with
the plans and standard specifications approved by the Village Engineer.
A.
The subdivider shall cause gas, electrical power 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.
B.
All new electrical distribution television cables
and telephone lines from which lots are individually served shall
be underground unless the Village Board specifically allows overhead
poles for the following reasons:
C.
Plans indicating the proposed location of all gas,
electrical power and telephone distribution and transmission lines
required to service the plat shall be approved by the Village Board,
and such map shall be filed with the Village Clerk-Treasurer.
The subdivider shall install streetlamps along
all streets proposed to be dedicated of a design compatible with the
neighborhood and type of development proposed as determined by the
Village Engineer. Such lamps shall be placed at each street intersection
and at such interior block spacing as may be required by the Village
Board, upon the recommendation of the Village Engineer.
The subdivider shall install at the intersections
of all streets proposed to be dedicated a street name sign of a design
and installation specified by the Village Engineer.
A.
Pursuant to Chapter 157, Erosion Control, the subdivider shall cause all gradings, excavations, open cuts, side slopes, and other land surface disturbances to be mulched, seeded, sodded or otherwise protected so that erosion, siltation, sedimentation and washing are prevented. The subdivider shall submit an erosion control plan that specifies measures that will be taken to assure the minimization of erosion problems.
B.
The Village Board may require the subdivider to provide
or install certain protection and rehabilitation measures, such as
fencing, sloping, seeding, riprap, revetments, jetties, clearing,
dredging, snagging, drop structures, brush mats, willow poles and
grade stabilization structures.
C.
Tree cutting and shrubbery clearing shall not exceed
40% of the lot or tract and shall be so conducted as to prevent erosion
and sedimentation, preserve and improve scenic qualities and, during
foliation, substantially screen any development from stream or lake
users.
D.
Paths and trails in wooded and wetland areas shall
not exceed 10 feet in width unless otherwise approved by the Plan
Commission and shall be so designed and constructed as to result in
the least removal and disruption of trees and shrubs and the minimum
impairment of natural beauty.
E.
Earthmoving, such as grading, topsoil removal, mineral
extraction, stream course changing, road cutting, waterway construction
or enlargement, removal of stream or lake bed materials, excavation,
channel clearing, ditching, drain tile laying, dredging and lagooning,
shall be so conducted as to prevent erosion and sedimentation and
to least disturb the natural fauna, flora, watercourse, water regimen
and topography.
F.
Review of the conduct of such cutting, clearing and
moving may be requested of the County Soil and Water Conservation
District Supervisors, the State District Fish and Game Managers and
the State District Forester by the Village Engineer or Plan Commission
as he or it deems appropriate.
When the land included in a subdivision plat
or certified survey map abuts upon or is adjacent to land used for
farming or grazing purposes, the subdivider shall erect (at the request
of the adjacent property owner), keep, and maintain (his portion under
state law) 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 and agencies serving the Village, 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 installations and prevent the planting of trees in the
easement area.
B.
Drainage easements.
(1)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream:
(a)
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
(b)
The watercourse, drainageway, channel or stream
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.
(2)
Wherever possible, it is desirable that 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. If, in
the opinion of the Village Engineer, the easement will be for a major
drainage swale, the easement shall be of sufficient width to contain
a one-hundred-year frequency storm. If the drainage easement is located
in an established floodway or flood fringe district, the entire floodplain
area shall be included within the drainage easement.
C.
Easement locations. Such easements shall be at least
12 feet wide, or wider where recommended by the Village Engineer,
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 and Village Board that easements
and any easement provisions to be incorporated in the plat or in deeds
have been reviewed by the individual utility companies or the organization
responsible for furnishing the services involved.
When required by the Village Board, the subdivider
shall install required bicycle paths and trails in accordance with
the plans and specifications approved by the Village. The subdivider
shall assume the entire cost of such bicycle paths and trails, except
in the case of dual bicycle paths and streets. The added cost for
streets wider than those required in order to accommodate bicycle
paths and trails shall be the responsibility of the municipality charged
with the maintenance of the proposed facility. In the event the subdivider
wishes to install dual-lane facilities, which may not be required
by the Village, the total cost of such improvements shall be borne
by the subdivider.
Any and all improvements or utility services
required by this chapter for the subdivision and/or minor land division
of lands within the Village or within the Village's extraterritorial
plat approval jurisdiction shall be extended to the farthest limit
of the parcel or lot upon which a building permit is requested unless
the owner is excused by the Village Board, the Plan Commission or
Village utilities officials. In the event the improvements are required
to the end of the parcel, as defined herein, the owner shall be required
to post bond with the Village if improvements are not made.