Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
[Amended 5-7-2007 by Ord. No. 07-20]
All public improvements required pursuant to this chapter shall be designed, located, constructed, installed, provided and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's/developer's cost (except as is otherwise specifically provided in this chapter), and in accordance with the provisions of this chapter, Chapter 405, Public Improvement Projects, all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat, certified survey map, or development plan approved by the Village Board (or approved by the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan under § 420-56 of the Village Code) and the plans and specifications approved by the Village Board.
A. 
Installation. The divider/developer, at the divider's/developer's cost, shall cause survey monuments to be located and installed in accordance with the requirements of § 236.15, Wis. Stats., the provisions of this chapter, the development agreement entered into by and between the divider/developer and the Village and the final plat or certified survey map approved by the Village Board.
B. 
Completion. Unless installation of survey monuments is deferred pursuant to Subsection C below, all required monuments shall be installed prior to the filing of the final plat or certified survey map.
C. 
Deferral. The Village Board may permit the installation of monuments under § 236.15(1)(b), (c) and (d), Wis. Stats., to be deferred for a reasonable time, not to exceed one year, on condition that the development agreement entered into by and between the divider and the Village and the irrevocable letter of credit filed by the divider adequately provide for the placement of and payment for the required monuments. Additional time may be granted by the Board upon a showing of good cause, provided that the development agreement and letter of credit are appropriately modified or supplemented if necessary.
See Village Administrative Rules for inspection requirements and procedures.
A. 
General requirements. Subject to this chapter and Chapter 405, Public Improvement Projects, grading and drainage improvements and facilities shall be required in all subdivisions and large lot subdivisions, and in all minor land divisions and developments proposed to be developed for residential, manufactured housing community, institutional, park and recreational, commercial, industrial, and other uses. Such facilities shall be provided in such a manner as to make adequate grading and drainage facilities available to each buildable lot within the land division or development. All grading, cutting and filling shall be designed, conducted and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's/developer's cost, and in accordance with the requirements of this chapter, all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat, certified survey map or development plan approved by the Village Board (or by the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan approved under § 420-56 of the Village Code) and the plans, specifications and profiles approved by the Village Board.
[Amended 5-7-2007 by Ord. No. 07-20]
B. 
Public streets.
(1) 
First phase. When the Village Board has deferred the requirement to install survey monuments prior to final approval of the final plat, certified survey map, or development plan, temporary street right-of-way monuments shall be installed. After the installation of such temporary monuments, and during the first phase following the last required approval of the final plat or certified survey map, all public streets shall be graded to subgrade. During this same period, the shoulders and ditches of all rural streets without curbs and gutters shall be finish graded and all necessary culverts shall be installed. If required to prevent erosion, surface ditch inverts shall be installed in conjunction with the grading of the ditches.
(2) 
Second phase. After the installation of curbs and gutters, and during the second phase following the last required approval of the final plat or certified survey map, the area between the curbs and the street right-of-way lines shall be filled with topsoil and leveled. If the schedule for installing pavement of public street roadways is expedited, pursuant to § 395-70F(4) of this chapter, then notwithstanding the foregoing language of this subsection, such work shall be completed during the first phase, but the sequence shall not be altered.
C. 
Lots. Buildable lots shall be graded so that the elevation of each building site shall be at least one to two feet above the elevation of the paved roadway crown in the adjacent public street, unless otherwise approved by the Village Engineer.
D. 
Cut or filled land. Cut or filled land shall be graded to a maximum slope of four horizontal to one vertical, unless it is in a landscaped area, in which case the maximum slope of three horizontal to one vertical is acceptable.
E. 
Completion.
(1) 
General. All grading, cutting, filling and related work shall be completed during the first phase and within 12 months after the last required approval of the final plat or certified survey map, except as is provided in Subsection B(2) above, unless otherwise approved by the Village.
(2) 
Alteration of timing. Notwithstanding any other language in this section, the Village Board, upon a showing of good cause and upon whatever conditions the Board deems appropriate in the interests of public health, safety and welfare, may alter any of the timing or sequencing requirements stated in this section.
F. 
Plans. Grading plans for the proposed land division or development plan shall be prepared by a professional licensed engineer registered in the State of Wisconsin. The scale of such plans shall be determined by the Village staff, on a case-by-case basis, based on the size and complexity of the proposed land division. Reproducible mylars and electronic media of the plans compatible with the Village's Geographic Information System (GIS) format pursuant to § 395-82A of this chapter shall be submitted to the Village.
G. 
Inspection requirements. The Village shall be contacted to inspect and approve the grading and related work.
H. 
Additional general grading requirements. The following subsections set forth other grading-related requirements for the engineering design of public improvements:
(1) 
Engineering plans for public improvements and private on-site grading and drainage shall be based upon actual field surveying or aerial mapping techniques or procedures. Mapping accuracy shall be plus or minus 1/2 of a foot. The Kenosha County topographic maps as base information for detailed engineering plan shall not be permitted.
(2) 
Detailed engineering grading and drainage plans shall identify existing and finished yard grades and top of foundation elevations for proposed lots and all surrounding properties, developed and undeveloped.
(3) 
Perimeter slopes of the new development shall have a maximum slope of 1:3 and desirable slope of 1:4 to match the adjacent existing development.
(4) 
Sump pump laterals shall be provided for all residential developments. Storm laterals shall be four inches minimum and extended to the property line as approved by the Village Engineer. All single-family and multiple-family units shall interconnect the sump pumps to the laterals. At the property line, six-inch storm sewer pipe shall be provided parallel to and behind the proposed curb/gutter to collect water from the sump pump laterals. Also, for all multiple-family, commercial, industrial, and institutional land uses, the downspouts may be required by the Village Board to be interconnected to the storm sewer system.
(5) 
Earthwork balancing computations shall be provided. Any earthwork shortage or surplus must be addressed prior to engineering plan approval.
(6) 
Every effort shall be made to minimize earth movement and work with the existing topography in site design.
(7) 
In developments where final grading is based upon use of basement spoils, all rear yard swales shall be provided as a part of the initial grading operation. Side yard swales that serve more than the adjacent two lots must also be constructed as a part of the initial grading operations. Drainage and maintenance easements shall be provided along such side and rear yard swales.
(8) 
The divider/developer shall submit both a mass grading/drainage plan for the subdivision, large lot subdivision or planned development zoning district and a lot grading or site-and-operational-plan site and drainage plan which details grading, drainage flows (swales) and high points of each individual lot. The grading and drainage plans shall include topographic contours at one-half-foot contour intervals.
[Amended 5-7-2007 by Ord. No. 07-20]
(9) 
The divider/developer shall provide copies of a field-verified survey and as-built grading plan of the rough-graded development to the Village showing contours or spot elevations and datum of elevations for the development for review and approval in order to verify that the development site, including the retention or detention basins, has been graded in accordance with the approved grading and drainage plans as provided in the construction plans for the development. Said grading survey shall identify the proposed and existing graded elevations for all property corners, building pads, finished yard grades and high point elevations, elevations for all topographic contours within the lots, drainage swale locations, stormwater drainage easements, basins and utility easement areas. The elevations within the development shall be graded to within four inches of the proposed elevations along all property lines and within all drainage and utility easement areas prior to the installation of utilities and prior to the Village's acceptance of the grading and drainage plan. In completing the grading for the single-family lots, the proposed building area determined by the building setbacks may be kept between 18 inches and 30 inches low to minimize the amount of fill removal from excavated basements. The grading survey shall be completed by a Wisconsin-registered land surveyor and verified by the developer's engineer and shall be submitted to the Village for review, verification and approval prior to the commencement of installation of any required private utilities and the acceptance of any of the required public improvements. No building or zoning permits shall be issued prior to the Village's approval of this grading survey and the installation of the required private utilities and the erosion control site stabilization. The required as-built grading plans shall be provided to the Village pursuant to § 395-82C of this chapter.
[Amended 5-18-2009 by Ord. No. 09-35]
A. 
General requirements. Subject to this chapter and Chapter 405, Public Improvement Projects, public streets shall be required in all subdivisions and large lot subdivisions, and in all minor land divisions and developments proposed to be developed for residential, manufactured housing community, commercial, industrial, or other uses, unless the Village Board determines that, in the public's interest, the streets should be privately owned and maintained. Public street access to lands adjacent to a proposed land division or development shall be required if development of such land division or development without access would make development of the adjacent land difficult or would result in an undesirable street pattern.
B. 
Design and construction. All public streets shall be designed, located, constructed, installed, provided and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's cost, and in accordance with the requirements of this chapter and Chapter 405, Public Improvement Projects, all other applicable ordinances, the development agreement entered into by and between the divider and the Village, the final plat or certified survey map approved by the Village Board and the plans and specification approved by the Village Board.
C. 
Rural street cross sections. Permanent public streets constructed in accordance with the Village's rural street cross sections (see Chapter 405) shall not be permitted in subdivisions or large lot subdivisions, or in minor land divisions proposed to be developed for residential, manufactured housing community, commercial, industrial or other uses. The Village Board may approve the use of rural street cross sections for minor land divisions proposed to be developed only for rural uses.
D. 
Urban street cross sections.
[Amended 5-7-2007 by Ord. No. 07-20]
(1) 
All public streets in subdivisions and large lot subdivisions, and in minor land divisions or developments proposed to be developed for residential, manufactured housing communities, commercial, industrial or other nonrural uses, shall be constructed in accordance with the Village's urban street cross sections. (See Chapter 405.)
(2) 
Except as may be otherwise specifically required by the Village Board in a development agreement relating to a planned development zoning district, all private streets in subdivisions and large lot subdivisions, and in minor land divisions proposed to be developed for residential, manufactured housing communities, commercial, industrial or other uses, which were permitted by the Village Board to be constructed as privately owned and maintained shall be constructed at the same urban cross section standards of a minor Village road with curb and gutter and storm sewer and shall provide sufficient access and cul-de-sac turnaround location per all applicable Village and state ordinances and codes.
E. 
Surfacing and timing of improvements. After completion and the Village's inspection and approval of all underground sanitary sewerage system, water system, storm sewer and drainage system, and utility and communication improvements and facilities that are to be located within the public street, all public street roadways shall be paved in accordance with the requirements of this section, § 395-60 of this chapter, and Chapter 405 of the Village Code.
(1) 
The base and surface course standards provided are considered minimum standards. Upon the evaluation of the soil borings and projected traffic volumes, the minimum roadway profile standards may be adjusted or increased by the Village Engineer.
(2) 
Binder course. The binder course of paving (hereinafter referred to as the "Phase 2 public improvements") shall be commenced by the divider/developer as soon as practicable but not until the construction of the Phase 1 improvements has been completed by the divider/developer, inspected and conditionally approved by the Village pursuant to a letter of substantial completion, and such improvements have been dedicated to and formally accepted by the Village by resolution of the Village Board, and at least 50% of the residential units in the development are constructed. Prior to installation of the binder course of paving on public street roadways, the base course shall be finish graded and compacted.
(3) 
Surface course.
(a) 
As soon as practicable but not until construction of the Phase 2 improvements has been completed by the divider/developer, such improvements have been inspected and conditionally approved by the Village pursuant to a letter of substantial completion, and the developer had dedicated such improvements and the Village has formally accepted them by resolution of the Village Board, and at least 75% of the residential units in the development are constructed, the developer shall raise storm inlet frames and water main valve boxes, remove and replace all areas of the damaged binder course, sweep and tack coat the binder course on all streets in the development, and, after completion by the developer and inspection and approval by the Village of the foregoing improvements, install the binder course of bituminous pavement (the "surface course") on all streets in the development. The required public street improvements described shall be collectively referred to as the "Phase 3 street improvements."
(b) 
Notwithstanding anything to contrary in Subsection E(3)(a) above, if fewer than 75% of the residential units in the development have been constructed within 36 months after the effective date, then, at the developer's request, in order to protect the surface course from excessive wear and tear resulting from activities associated with building construction within the development, the Village Administrator shall elect to either:
[1] 
Waive the requirement that 75% of the units are to be constructed and permit the divider/developer to construct the Phase 3 street improvements; or
[2] 
Defer the installation of the Phase 3 street improvements until the earlier of the construction of 75% of the residential units or five years after the effective date. If the Village Administrator elects to require the divider/developer to defer the installation of the Phase 3 street improvements, then, at the divider's/developer's request, the Village shall draw upon the letter of credit in an amount equal to the maximum estimated amount of the cost of providing, installing and constructing the Phase 3 street improvements (or such greater sum as the parties may agree upon, based on the condition of the Phase 2 required public improvements).
(c) 
Repair, sweeping and coat. Prior to installation of the surface course of paving on public street roadways, all damaged portions of the binder course shall be swept clean, and a tack coat shall be applied to all roadway surfaces.
(d) 
Residential streets. A one-inch surface course of compacted and rolled bituminous concrete pavement shall be installed on the binder course of all residential and commercial collector and minor street roadways.
(e) 
Commercial and industrial streets. A surface course of 1 1/2 inches of compacted and rolled bituminous concrete paving shall be installed on the binder course of all public street roadways.
(f) 
Arterial streets. A surface course consisting of a minimum of 1 1/2 inches of compacted and rolled bituminous concrete paving shall be installed on the binder course of all public street roadways. The actual thickness of the surface course shall be determined in connection with the review and approval of the engineering design documents.
(4) 
Specifications. The specifications of all base course, concrete, bituminous concrete, tack coat and other material used for public street paving shall be subject to Village Board approval and shall be prepared by a professional engineer registered in the State of Wisconsin and shall be subject to Chapter 405 of the Village Code.
F. 
Paving sequence and timing. The paving of public street roadways shall proceed in phases as follows:
(1) 
Phase 1. The base course shall be installed on the graded and prepared beds of all public street roadways during Phase 1, within 12 months following the last required approval of the final plat or certified survey map. Installation of the base course shall occur only after completion and the Village's inspection and approval of all roadway grading and all underground public improvements and facilities that are to be located in the public streets. It shall be the divider's/developer's expense to maintain, repair, reshape, and regravel the base course whenever it has been determined by the Village that said base course has become a health or safety concern.
(2) 
Phase 2. During Phase 2, approximately 24 months following the last required approval of the final plat or certified survey map or development plan, the base course on all public streets shall be finish graded and compacted and the binder course of pavement shall be installed on the base course. The binder course shall not be installed until after completion, inspection and approval by the Village of Phase 1 improvements and at least 50% of the residential units in the development have been constructed. The Phase 2 improvements shall not be commenced until after June 1 of any given year, unless approved by the Village Administrator.
(3) 
Phase 3. During Phase 3, approximately 36 months following the last required approval of the final plat, certified survey map, or development plan, the inlet frames and water main valve boxes shall be adjusted as necessary, damaged areas of the binder course of pavement and curbs and gutters shall be repaired, all roadway surfaces shall be swept clean, a tack coat shall be applied to all roadway surfaces, and the surface course of pavement shall be installed on all public street roadways. The surface course shall not be installed until after the completion, inspection and approval by the Village of the Phase 2 improvements and at least 75% of the residential units in the development have been constructed.
(4) 
Expedited schedule. Notwithstanding Subsection F(2) and (3) above, if compacted granular material has been approved by the Village Administrator to be used for backfilling the trenches in which sanitary sewers, storm sewers, water mains, utilities and other underground public improvements and facilities are constructed in the public streets, the Village Administrator may allow the improvements usually during Phase 2 to be made during Phase 1, and the improvements usually made during Phase 3 to be made during Phase 2, but without any alteration of the required sequence. This will permit the completion of public street improvements within two phases, subject to Subsection F(5) below.
(5) 
Deferral of surface course. Upon written notice to the divider/developer during Phase 2 following the last required approval of the final plat or certified survey map, installation of the surface course of pavement on all public street roadways, and other street improvements usually made during the Phase 3 period, may be deferred to protect the surface course of pavement from excessive wear and tear in connection with the construction of residences or other buildings in the land division. The development agreement entered into by and between the divider/developer and the Village shall provide that, in the event of such a deferral, the Village shall be entitled to draw upon the irrevocable letter of credit provided by the divider/developer to the extent of the estimated cost of installing the surface course and any other street improvements usually installed during the third phase. Upon receipt of such funds by the Village, the divider/developer shall dedicate to the Village the remainder of the street improvements, and the Village shall assume all responsibility for maintenance of the streets. Such funds shall be kept in a special fund separate from the Village general fund and shall be used exclusively for construction and installation of the surface course of paving and other third phase street improvements in the particular land division or development with respect to which the funds were received.
(6) 
Alteration of timing. Notwithstanding any other language in this section, the Village Board, upon a showing of good cause and upon whatever conditions the Board deems appropriate in the interests of public health, safety, and welfare, may alter any of the timing or sequencing requirements stated in this section.
G. 
Plans. Plans for public streets shall be prepared by a professional engineer, registered in the State of Wisconsin, at a scale of no greater than one inch equals 40 feet horizontal and one inch equals four feet vertical. Reproducible mylars and electronic media of all such plans compatible with the Village's Geographic Information System format pursuant to § 395-92A of this chapter shall be submitted to the Village as a condition of final plat, certified survey map, or development plan approval.
H. 
Inspection requirements. The Village shall be contacted to inspect and approve work on the paving of public street roadways during construction, and no further work shall be done on the roadways until the prior work is approved.
I. 
Cost of extension.
(1) 
Divider's/developer's fair share. The divider/developer shall be required to pay, as a condition to final approval of a proposed final plat or certified survey map or development plan, the divider's/developer's fair share of the costs of extending any required public street to the site of the proposed land division or development, unless the divider/developer will be required to pay its fair share of such costs through some other mechanism, or unless the Village Board specifically waives this requirement for good cause shown.
(2) 
Basis for rejection. The Village Board may reject a plat, certified survey map or development plan requiring the extension to the site of a public street if the costs to the Village of such extensions will be too great. In making such determination, the Village Board shall consider, among other factors, the advantages and disadvantages to the Village and the affected areas of installing the required street improvements, the Village's ability to recover such costs by special assessment or otherwise, the financial status of the Village, the borrowing capacity of the Village, and applicable development, special assessment and resource allocation policies of the Board.
(3) 
Alternative conditional approval. When the Village Board would otherwise reject a proposed preliminary plat, final plat, certified survey map or development plan because of the cost of extending a required public street to the site of the proposed land division or development plan, the Village Board may approve the plat, map or plan upon the condition that the divider/developer will pay, in the first instance, and as a condition to final approval of the proposed final plat, certified survey map or development plan, all or some portion in excess of the divider's fair share of the costs of designing and extending such public streets to the site of the proposed land division or development. In such situations, the development agreement entered into by and between the divider/developer and the Village shall include an agreement by the Village to pay to the divider/developer certain specified moneys which may be subsequently recovered by the Village with respect to such extended street improvements. Such right of recovery may be made contingent upon the Village first recovering specified costs incurred by it in connection with such improvements and upon such other reasonable conditions as the Board may impose, but in any event such right of recovery shall only address payments made by the divider/developer in excess of the divider's/developer's fair share of the total costs of designing and installing the public street improvements.
(4) 
Other contributions. The Village Board may require the divider/developer of a subsequently approved land division or development which benefits from such extended public street improvements to pay the divider's/developer's fair share of the total coats of such improvements as a condition to final approval of the final plat or certified survey map or development plan, but due credit shall be given for any payments made toward the cost of such improvements by the divider/developer or the divider's/developer's predecessors in title, with respect to the land involved in the divider's/developer's proposed land division or development.
J. 
Cost of upgrading. The divider/developer shall be required to pay, as a condition to the Village Board's final approval of a proposed final plat, certified survey map, or development plan, a fair share of the cost of upgrading any existing public streets in or adjacent to the proposed land division, in accordance with applicable Village Comprehensive Plan components, unless the need for such upgrading is unrelated to the proposed land division or its contemplated development.
A. 
General requirement. Subject to this chapter and Chapter 405, Public Improvement Projects, concrete curbs and gutters shall be required in all subdivisions and large lot subdivisions, and in all minor land divisions or developments proposed to be developed for residential, manufactured housing community, commercial, industrial or other uses, and in all minor land divisions and developments which are adjacent to land divisions or developments which contain curbs and gutters which can be continued into the new land division or development.
[Amended 5-7-2007 by Ord. No. 07-20]
B. 
Design and construction. All concrete curbs and gutters shall be designed, constructed, installed, provided and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's/developer's cost, and in accordance with the provisions of this chapter, all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat, certified survey map, or development plan approved by the Village Board (or by the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan to be approved under § 420-56 of the Village Code) and plans and specifications approved by the Village Board.
[Amended 5-7-2007 by Ord. No. 07-20]
C. 
Type. In new residential streets where the location of curb openings for driveways cannot be determined, concrete thirty-inch-wide mountable-type curbs and gutters shall be installed in accordance with the typical minor or collector street cross sections, unless another curb detail is otherwise approved by the Village Engineer. (See Chapter 405, Public Improvement Projects.) In existing residential areas, or where the location of curb openings can be determined prior to construction, thirty-inch-wide Wisconsin Department of Transportation Type D concrete curbs and gutters shall be installed in nonresidential streets.
D. 
Handicap ramps. Curb openings at all intersections shall be provided for handicap accessibility ramps where sidewalks are required.
E. 
Completion.
(1) 
General. Curbs and gutters shall be installed and completed during the Phase 2 period following the last required approval of the final plat, certified survey map, or development plan. Curbs and gutters shall only be installed after the base course on all public street roadways has been completed and inspected and approved by the Village and at least 50% of the residential units in the development have been constructed.
(2) 
Expedited schedule. If granular material is approved by the Village Administrator and used to backfill the trenches in which sanitary sewers, water mains, storm sewers and other underground improvements and facilities are located in the public streets and the Village Administrator permits expedited installation under § 395-70F(4) of this chapter, then the curbs and gutters may be installed and completed during Phase 1 after the last required approval of the final plat, certified survey map, or development plan but without any alteration in sequence.
(3) 
Alteration of timing. Notwithstanding any other language in this section, the Village Board, upon a showing of good cause, and upon whatever conditions the Board deems appropriate in the interests of public health, safety and welfare, may alter any of the timing or sequencing requirements stated in this section.
F. 
Plans. Curb and gutter plans shall be prepared as a detail of the public street plans prepared in accordance with § 395-70G of this chapter. Reproducible mylars and electronic media of the plans compatible with the Village's Geographic Information System (GIS) format pursuant to § 395-82A of this chapter shall be submitted.
G. 
Inspection requirements. The Village shall be contacted and shall inspect and approve all concrete curbs and gutters before the binder course of pavement is installed on any public street roadways.
A. 
General requirement. Subject to this chapter and Chapter 405, Public Improvement Projects, public sanitary sewerage system improvements and facilities shall be required in all subdivisions and large lot subdivisions, in all minor land divisions and all developments proposed to be developed for residential, manufactured housing community, commercial, industrial or other uses. Such facilities shall be provided in such a manner as to make adequate sanitary sewerage service available to each buildable lot within the land division.
B. 
Design and construction. All public sanitary sewerage system facilities shall be designed, located, constructed, installed, provided and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's/developer's cost (except as provided in Subsection H below), and in accordance with the provisions of this chapter, all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat or certified survey map or development plan approved by the Village Board (or by the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan to be approved under § 420-56 of the Village Code) and the plans and specifications approved by the Village Board.
[Amended 5-7-2007 by Ord. No. 07-20]
C. 
Specifications. The size, type, design, location, and manner of installation of all sanitary sewerage system facilities shall be in accordance with the rules of the Wisconsin Department of Natural Resources set out in Ch. NR 110, Wis. Adm. Code, as amended from time to time, and Chapter 405, Public Improvement Projects. Project specifications shall be prepared by a professional engineer registered and licensed in the State of Wisconsin.
D. 
Laterals. Sewer laterals shall be installed to the street lot line or to the private road easement line.
[Amended 5-7-2007 by Ord. No. 07-20]
E. 
Plans. Plans for public sanitary sewerage system facilities and improvements shall be prepared by a professional engineer, registered in the State of Wisconsin, at a scale of no greater that one inch equals 40 feet horizontal and one inch equals four feet vertical. Reproducible mylars and electronic media of such plans compatible with the Village's Geographic Information System format pursuant to § 395-82A of this chapter shall be submitted to the Village.
F. 
Backfill. All sanitary sewer trenches and all sanitary sewer lateral trenches within public streets shall be backfilled with excavated or granular material meeting the requirements of Chapter 405, Public Improvement Projects. All backfill shall be compacted by mechanical methods.
G. 
Basement level service. All new public or private sanitary sewer mains shall be designed and constructed to provide for gravity services to all basements. All new residential homes/units shall be connected with gravity basement sewer service, unless otherwise approved by the Village Engineer due to practicable difficulty or unnecessary hardship.
[Amended 2-4-2019 by Ord. No. 19-04]
H. 
Cost; oversizing. The divider/developer shall bear the cost of all sanitary sewerage system improvements and facilities within the land division or development, including the cost of any required boundary or cross land division/development sewer main, except for the added material cost of installing oversized sewers greater than 15 inches in diameter which are necessary to serve tributary areas lying outside of the proposed land division/development. The Village shall credit or reimburse the divider, as appropriate, and as the Village's budget allows, 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 divider/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.
I. 
Completion.
(1) 
General. Construction and installation of all sanitary sewerage system facilities shall be completed within 12 months after the last required approval of the final plat, certified survey map, or development plan.
(2) 
Alteration of timing. The Village Board, upon a showing of good cause and upon whatever conditions the Board deems appropriate in the interests of public health, safety, and welfare, may alter any of the timing or sequencing requirements stated in this section.
J. 
Inspection requirements.
(1) 
Inspection. The Village shall be contacted and shall inspect and approve all public sewerage system improvements and facilities.
(2) 
Televising of the sanitary sewer. The Village shall televise the sanitary sewer mains at the divider's/developer's cost. Any cleaning of the sanitary sewer mains to facilitate the televising is also an expense of the divider/developer.
(3) 
As-built sanitary sewer plans. Upon installation, inspection and televising of the sanitary sewer main, the Village's consulting engineer shall prepare the required as-built plans, at the divider's/developer's cost, pursuant to § 395-82C of this chapter.
[Added 5-18-2009 by Ord. No. 09-35]
K. 
Cost of extension.
(1) 
Divider's/developer's fair share. The divider/developer shall be required to pay, as a condition to final approval of a proposed final plat, certified survey map, or development plan, the divider's/developer's fair share of the costs of extending any required public sanitary sewerage system improvements to the site of the proposed land division or development, unless the divider/developer will be required to pay its fair share of such costs through some other mechanism, or unless the Village Board specifically waives this requirement for good cause shown.
(2) 
Basis for rejection. The Village Board (or the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan to be approved under § 420-56 of the Village Code, subject to ratification by the Village Board) may reject a plat, certified survey map or development plan requiring the extension of public sanitary sewerage system improvements to the site if the costs to the Village's sewer utility districts of such extension will be too great. In making such determination, the Village Board (or the Village Plan Commission or Village Zoning Administrator) shall consider, among other factors, the advantages and disadvantages to the Village and the affected areas of installing the required improvements, the Village's ability to recover such costs by special assessment or otherwise, the financial status of the Village, the borrowing capacity of the Village, and applicable development, special assessment and resource allocation policies of the Board.
[Amended 5-7-2007 by Ord. No. 07-20]
(3) 
Alternative conditional approval. When the Village Board would otherwise reject a proposed preliminary or final plat, certified survey map, or development plan because of the cost of extending required public sanitary sewerage system improvements to the site of the proposed land division or development, the Village Board may approve the plat, certified survey map or development plan upon the condition that the divider/developer will pay, in the first instance, and as a condition to final approval of the proposed final plat, certified survey map, or development plan, all or some portion in excess of the divider's/developer's fair share of the cost of extending such improvements to the site of the proposed land division or development . In such situations, the development agreement entered into by and between the divider/developer and the Village shall include an agreement by the Village to pay to the divider/developer certain specified moneys which may be subsequently recovered by the Village with respect to designing and extending public sanitary sewerage system improvements. Such right of recovery may be made contingent upon the Village first recovering specified costs incurred by it in connection with such improvements and upon such other reasonable conditions as the Board may impose, but in any event such right of recovery shall only address payments made by the divider in excess of the divider's fair share of the total cost of designing and installing such improvements and facilities.
(4) 
Other contributions. The Village Board may require the divider of a subsequently approved land division which benefits from such extended public sanitary sewerage system improvements to pay the divider's fair share of the total cost of such improvements as a condition to final approval of the final plat, certified survey map or development plan, but due credit shall be given for any payments made toward the cost of such improvements by the divider/developer, or the divider's/developer's predecessors in title, with respect to the land involved in the divider's/developer's proposed land division or development.
L. 
Cost of upgrading. The divider/developer shall be required to pay, as a condition to final approval of any proposed final plat, certified survey map or development plan, a fair share of the cost of upgrading any existing public sanitary sewerage system facilities and improvements in or adjacent to the proposed land division or development, in accordance with applicable Village Comprehensive Plan components, unless the need for such upgrading is unrelated to the proposed land division or development plan or its contemplated development.
[Amended 5-7-2007 by Ord. No. 07-20; 5-18-2009 by Ord. No. 09-34]
A. 
General requirements.
(1) 
Storm sewers. Storm sewers, subject to this chapter, Chapter 298, Stormwater Management and Stormwater Drainage System Facilities, and Chapter 405, Public Improvement Projects, shall be required in all public and private streets in all subdivisions and large lot subdivisions, in all minor land divisions, and developments proposed to be developed for residential, manufactured housing community, commercial, industrial or other uses.
(2) 
Other drainage system improvements. Stormwater drainage system improvements and facilities other than storm sewers in public and private streets shall be required as needed to deal effectively with stormwater. Such facilities may include, as appropriate and without limitations, storm sewers other than in public streets, catch basins, ditches, open channels, inlets, water detention and retention basins and structures and settling basins.
(3) 
Sizing of storm sewers. All storm sewers shall be adequate to serve the proposed land division/development and all upstream tributary areas. All such facilities shall be of adequate size and grade to hydraulically accommodate runoff from the ten-year recurrence interval storm, except as is otherwise specifically required by this section, and shall be so designed to prevent and control soil erosion and sedimentation and to present no hazards to life or property.
(4) 
Storm sewer sump pump laterals. All residential units shall have a four-inch PVC pipe or other size and materials as required by the Village Engineer. The lateral shall discharge to an approved location pursuant to the requirements of Chapter 298, Stormwater Management and Stormwater Drainage System Facilities. The lateral shall be installed by the divider/developer.
B. 
Design; construction. All storm sewer and drainage system improvements and facilities shall be designed, located, constructed, installed, provided, and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's/developer's cost (except as provided in Subsection K below), and in accordance with the provisions of this chapter, all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat, certified survey map, or development plan approved by the Village Board (or a site and operational plan approved by the Village Plan Commission or Village Zoning Administrator under § 420-56 of the Village Code) and the plans and specifications approved by the Village Board.
C. 
Specifications. All storm sewer and drainage system improvements and facilities shall be designed and constructed in accordance with Chapter 298, Stormwater Management and Stormwater Drainage System Facilities, and Chapter 405, Public Improvement Projects. Project specifications shall be prepared by a professional engineer registered and licensed in the State of Wisconsin.
D. 
Plans. Plans for all storm sewer and drainage system improvements and facilities shall be prepared by a professional engineer registered in the State of Wisconsin at a scale no greater than one inch equals 40 feet horizontal and one inch equals four feet vertical. Reproducible Mylars and electronic media of the plans compatible with the Village's Geographic Information System format pursuant to § 395-82A of this chapter shall be submitted to the Village.
E. 
(Reserved)
F. 
(Reserved)
G. 
(Reserved)
H. 
(Reserved)
I. 
(Reserved)
J. 
Backfill. All storm sewer trenches shall be backfilled with excavated or compacted granular material meeting the requirements of Chapter 405, Public Improvement Projects. All backfill shall be compacted by mechanical means.
K. 
Cost; oversizing. The divider/developer shall bear the cost of installing all storm sewer and drainage system facilities within the proposed land division or development, except for the added material costs of installing oversized storm sewers or related facilities greater than 36 inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed land division or development. The Village shall credit or reimburse the divider/developer, as appropriate, for the reasonable material costs of such required oversizing.
L. 
Completion.
(1) 
General. Installation of all storm sewer and drainage system facilities and improvements shall be completed within 12 months after the last required approval of the final plat or certified survey map, except as is provided in Subsection L(2) below.
(2) 
Alteration of timing. Notwithstanding any other provision in this section, the Village Board, upon a showing of good cause and upon whatever conditions the Board deems appropriate in the interests of the public health, safety and welfare, may alter any of the timing or sequencing requirements stated in this section.
M. 
Inspection requirements. The Village shall be contacted and shall inspect and approve all storm sewer and drainage system improvements and facilities. The Village shall televise the storm sewer mains at the divider's/developer's cost. Any cleaning of the catch basins by the Village to facilitate the televising is also an expense of the divider/developer.
N. 
Divider/developer responsibilities. As a condition to receiving final approval from the Village Board of any final plat, certified survey map or development plan (or from the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan to be approved under § 420-56 of the Village Code) related to land located with the Village, the divider/developer shall agree to assume responsibility for designing, constructing, installing, and providing the drainage and grading improvements. The divider/developer shall warrant grading and drainage work against defects due to faulty design, materials, or workmanship, improper or inadequate grading, or due to any failure to comply with the requirements of this chapter or with the requirements of the development agreement entered into by and between the divider/developer and the Village, which appear, and of which the divider/developer is notified in writing at the divider's/developer's last known address, within one year from the date of the Village's acceptance of the dedication of such improvements, or within one year after the completion of the grading for each lot, if the work or materials in question are not incorporated into an improvement dedicated to the Village. The divider/developer shall, at its cost, promptly make any repairs or replacements necessary to correct any such defects, in a workmanlike manner, and to the satisfaction of the Village. The divider/developer shall agree to indemnify the Village for and hold the Village harmless against the costs of any repairs or replacements required by such defects or grading and drainage problems, any resulting damage to Village property, the costs and expenses of any resulting litigation (including the Village's reasonable attorney's fees) and any resulting liability incurred by the Village.
A. 
General requirement. Subject to this chapter and Chapter 405, Public Improvement Projects, public or private water supply and distribution system improvements and facilities shall be required in all subdivisions and large lot subdivisions, in all minor land divisions and in all developments proposed to be developed for residential, manufactured housing community, commercial, industrial or other uses, except in a minor land division for single-family residential lots wherein public water system facilities are readily available as determined by the Village Administrator. Such facilities shall be provided in such a manner as to make adequate water service available to each buildable lot within the land division or development.
B. 
Design and construction. All public or private water distribution system facilities shall be designed, located, and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's/developer's cost (except as provided in Subsection G below), and in accordance with the provisions of this chapter, all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat, certified survey map, or development plan approved by the Village Board (or a site and operational plan approved by the Village Plan Commission or Village Zoning Administrator under § 420-56 of the Village Code) and the plans and specifications approved by the Village Board.
[Amended 5-7-2007 by Ord. No. 07-20]
C. 
Specifications.
(1) 
Public improvement specifications. The size, type, design, location and manner of installation of all public water system improvements and facilities shall be in accordance with the rules of the Wisconsin Department of Natural Resources set out in Ch. NR 111, Wis. Adm. Code,[1] and Chapter 405, Public Improvement Projects, of the Village Code. Project specifications shall be prepared by a professional engineer registered and licensed in the State of Wisconsin.
[1]
Editor's Note: Ch. NR 111, Wis. Adm. Code, was repealed 4-30-1992 and replaced by Ch. NR 811, created eff. 5-1-1992.
(2) 
Private improvement specifications. The size, type, design, location and manner of installation of all private water distribution system improvements and facilities shall be in accordance with the rules of the Wisconsin Department of Commerce set out in the Plumbing Code, as amended from time to time, and Chapter 405 of the Village Code. Project specifications shall be prepared by a professional engineer registered and licensed in the State of Wisconsin.
D. 
Laterals. Water laterals shall be installed to the street lot line.
E. 
Plans. Plans for all public or private water system facilities and improvements shall be prepared by a professional engineer, registered and licensed in the State of Wisconsin, at a scale of no greater than one inch equals 40 feet horizontal and one inch equals four feet vertical. Reproducible mylars and electronic media of the plans compatible with the Village's Geographic Information System format pursuant to § 395-82A of this chapter shall be submitted to the Village.
F. 
Backfill. All water main trenches and all water lateral trenches within public streets shall be backfilled with excavated or granular material meeting the requirements of Chapter 405, Public Improvement Projects, of the Village Code. All backfill shall be compacted by mechanical methods.
G. 
Cost; oversizing. The divider shall bear the cost of all water system improvements and facilities within the land division or development, including the cost of any required boundary water main, except for the added material cost of installing oversized water mains greater than 12 inches in diameter which are necessary to serve areas lying outside of the proposed land division. The Village shall credit or reimburse the divider/developer, as appropriate, for the reasonable material costs of such required oversizing. The Village Board may, on a case-by-case basis, credit or reimburse the divider/developer, as appropriate, for the material costs of oversizing other required water system improvements and facilities within the land division.
H. 
Completion.
(1) 
General. Construction and installation of all public or private water system improvements and facilities shall be completed within 12 months after the last required approval of the final plat, certified survey map, or development plan.
(2) 
Alteration of timing. Notwithstanding any other provision in this section, the Village Board, upon a showing of good cause and upon whatever conditions the Board deems appropriate in the interests of public health, safety, and welfare, may alter any of the timing or sequencing requirements stated in this section.
I. 
Inspection requirements.
(1) 
The Village shall be contacted by the divider/developer and shall inspect and approve all public water system distribution improvements and facilities. No backfilling shall take place until after the completed water system facilities have successfully produced the required number of safe potable water samples.
(2) 
A qualified and licensed professional engineer registered in the State of Wisconsin shall be contacted by the divider/developer and shall inspect and approve all private water system distribution improvements and facilities. No backfilling shall take place until after the completed water facilities have successfully provided the required number of safe potable water samples.
(3) 
As-built water plans. Upon installation and inspection of the water main, the Village's consulting engineer shall prepare the required as-built plans, at the divider's/developer's cost, pursuant to § 395-82C of this chapter.
[Added 5-18-2009 by Ord. No. 09-35]
J. 
Cost of extension.
(1) 
Divider's/developer's fair share. The divider/developer shall be required to pay, as a condition to final approval of a proposed final plat, certified survey map, or development plan, the divider's/developer's fair share of the costs of extending any required public water system improvements and facilities to the site of the proposed land division or development, unless the divider/developer will be required to pay its fair share of such costs through some other mechanism or unless the Village Board specifically waives this requirement for good cause shown.
(2) 
Basis for rejection. The Village Board may reject a plat, certified survey map, or development plan (or the Village Plan Commission or Village Zoning Administrator may reject a site and operational plan to be approved under § 420-56 of the Village Code, subject to Village Board ratification) requiring the extension to the site of public water system improvements if the costs to the Village of such extension will be too great. In making such determination, the Village Board (or the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan) shall consider, among other factors, the advantages and disadvantages to the Village and the affected areas of installing the required improvements, the Village's ability to recover such costs by special assessment or otherwise, the financial status of the Village, the borrowing capacity of the Village, and applicable development, special assessment and resource allocation policies of the Board.
[Amended 5-7-2007 by Ord. No. 07-20]
(3) 
Alternative conditional approval. When the Village Board would otherwise reject a proposed preliminary or final plat, certified survey map, or development plan because of the cost of extending required public water system improvements to the site of the proposed land division or development, the Village Board may approve the plat or map upon the condition that the divider/developer will pay, in the first instance, and as a condition to final approval of the proposed final plat, certified survey map, or development agreement, all or some portion in excess of the divider's/developer's fair share of the costs of extending such improvements and facilities to the site of the proposed land division or development. In such situations, the development agreement entered into by and between the divider/developer and the Village shall include an agreement by the Village to pay to the divider/developer certain specified moneys which may be subsequently recovered by the Village with respect to designing and extending public water system improvements. Such right of recovery may be made contingent upon the Village first recovering specified costs incurred by it in connection with such improvements and upon such other reasonable conditions as the Board may impose, but in any event such right of recovery shall only address payments made by the divider/developer in excess of the divider's/developer's fair share of the total cost of designing and installing such improvements.
(4) 
Other contributions. The Village Board may require the divider/developer of a subsequently approved land division or development plan which benefits from such extended public water system improvements to pay the divider's/developer's fair share of the total cost of such improvements as a condition to final approval of the final plat, certified survey map, or development plan, but due credit shall be given for any such improvements by the divider, or the divider's/developer's predecessors in title, with respect to the land involved in the divider's/developer's proposed land division or development plan.
K. 
Cost of upgrading. The divider shall be required to pay, as a condition to the Village Board's final approval of a proposed land division or development plan, a fair share of the cost of upgrading any existing public water system facilities and improvements in or adjacent to the proposed land division, in accordance with applicable Village Comprehensive Plan components, unless the need for such upgrading is unrelated to the proposed land division or its contemplated development.
A. 
General requirement. Subject to this chapter and Chapter 405, Public Improvement Projects, concrete sidewalks shall be required on a case-by-case basis wherein the Village Board determines (or the Village Plan Commission or Village Zoning Administrator determines with respect to a site and operational plan approved under § 420-56 of the Village Code) that the amount of pedestrian traffic and the risks to pedestrian safety justify the installation of sidewalks.
[Amended 6-19-2006 by Ord. No. 06-29; 5-7-2007 by Ord. No. 07-20]
B. 
Design and construction. All sidewalks shall be designed, located, constructed, installed, provided, and completed in a workmanlike manner, to the satisfaction of the Village, at the divider's/developer's cost, and in accordance with the provisions of this chapter, all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat, certified survey map, or development plan approved by the Village Board (or by the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan approved under § 420-56 of the Village Code) and the plans and specifications approved by the Village Board.
C. 
Specifications. The size and location of required sidewalks shall be in accordance with this chapter and Chapter 405, Public Improvement Projects.
D. 
Plans. Sidewalk plans shall be prepared as a detail of the public street plans prepared in accordance with § 395-70G of this chapter.
E. 
Completion. Sidewalks shall be installed and completed with curbs and gutters in accordance with § 395-71E of this chapter.
F. 
Inspection requirements. The Village shall be contacted and shall inspect and approve all sidewalks before the binder course of pavement is installed on any public street roadways.
G. 
Maintenance. Maintenance and snow removal responsibilities for the sidewalks are set forth in the Village Code.[1]
[1]
Editor's Note: See Ch. 305, Streets and Sidewalks, § 305-11, Snow and ice removal.
[Amended 5-7-2007 by Ord. No. 07-20]
The divider/developer shall, at the divider's/developer's cost, cause proposed gas, electric power, telephone, cable television or other utility or communications facilities to be installed in such a manner as to make adequate service available to each buildable lot or structure in the land division or development. To the extent practicable, all such facilities shall be located underground in all subdivisions and large lot subdivisions, in all minor land divisions or in developments proposed to be developed for residential, manufactured housing community, commercial, industrial or other uses. Such utility and communications facilities shall be installed in accordance with the provisions of this chapter and all other applicable ordinances, the development agreement entered into by and between the divider/developer and the Village, the final plat or certified survey map or development plan approved by the Village Board (or a site and operational plan approved by the Village Plan Commission or Village Zoning Administrator under § 420-56 of the Village Code). It shall be divider's/developer's responsibility to regrade and vegetatively stabilize all trenches created by the utility companies in the event that the utility companies do not restore the easements.
[Amended 5-7-2007 by Ord. No. 07-20]
The divider/developer of a subdivision or large lot subdivision, a certified survey map or other development to be developed for residential, manufactured housing community, commercial, industrial or other uses shall install streetlights at the entrances of the subdivision or development, at intersections of streets or in such locations as determined necessary by the Village Board as a condition of final approval of the final plat, certified survey map, or development plan (or by the Village Plan Commission or Village Zoning Administrator as a condition of final approval of a site and operational plan approved under § 420-56 of the Village Code). The divider/developer shall provide the total cost of said improvements in the irrevocable letter of credit. The streetlight types or designs shall be approved by the Village Board (or by the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan). The divider's/developer's prequalified and Village-licensed electrical contractor shall install streetlights or cause such lights to be installed as a Phase 1 required public improvement.
[Amended 5-7-2007 by Ord. No. 07-20]
The divider/developer of a subdivision or large lot subdivision, certified survey map or other development to be developed for residential, manufactured housing community, commercial, industrial or other uses shall, as a condition of final approval of a final plat, certified survey map, or development plan by the Village Board (or by the Village Plan Commission or Village Zoning Administrator as a condition of final approval of a site and operational plan under § 420-56 of the Village Code), pay the Village's estimated cost of purchasing and installing street signs, of a design approved by the Village Board, at all intersections of public streets and midblock locations as approved by the Village Board (or by the Village Plan Commission or Village Zoning Administrator with respect to a site and operational plan). The divider/developer shall provide the total cost of said improvements in the irrevocable letter of credit. The Village shall install public street signs or cause such signs to be installed, or its prequalified contractor designee shall install street signs, as a Phase 1 required public improvement. The Village shall have the option of installing the signs on temporary signposts if the construction traffic and safety concerns warrant the early installation of the signs.
A. 
General requirements.
(1) 
Except as otherwise specifically provided in a planned development zoning ordinance, in all residential or commercial land divisions or developments with public or private roadway frontage, the divider/developer shall have planted a street tree of an approved species for each 50 feet of frontage on each public or private street. Such trees shall be planted within the curb lawn following the installation of curbs and gutters as approved by the Village. Each such tree shall be at least two inches in diameter and shall measure a minimum of six feet above the ground when planted. Said trees shall be staked, placed in mulched beds and protected.
[Amended 5-7-2007 by Ord. No. 07-20]
(2) 
In all land divisions or developments with public or private culs-de-sac, boulevards, or planting strips, the divider/developer shall plant landscape materials, plants, and trees. The ground cover in these planting areas shall be primarily turf, with the exception of immediate planting area, in which case bark, mulch, stone or similar material may be used.
B. 
Street tree fee. If approved by the Village Board, in lieu of planting required street trees, the divider/developer may pay to the Village Treasurer, as a condition of the Village Board's final approval of the final plat or certified survey map, a street tree fee of $1,000 for each tree to be planted. Funds collected for tree planting purposes shall be kept in a special street tree fund, separate from the Village general fund, and shall be used exclusively for planting street trees to benefit the land division or development with respect to which such fees were paid.
C. 
Completion. The planting of street trees and other plantings in the culs-de-sac, boulevards, and planting strips shall be completed as a Phase 2 required public improvement and as soon as practicable after the installation of curbs and gutters.
D. 
Approved species. A list of approved street tree species shall be available for review from the Village's Community Development Department.
E. 
Replacement of trees and landscape materials. The divider/developer shall be responsible for the replacement of trees and plantings that have been removed during the installation of public improvements and until the expiration of the warranty period in all land divisions or the development. The divider/developer shall provide, plant and warrant equal inches of caliber and size of plant material to that which is removed.
F. 
Warranty. The divider/developer shall be responsible and provide a one-year warranty for all landscape materials installed. Said warranty shall begin upon completion, acceptance and dedication of said plantings to the Village. (In the event street trees or other plantings are required along a private road, the warranty period shall begin upon completion of such plantings and acceptance thereof by the Village.) Upon the expiration of the warranty period, it shall be the adjacent property owner's responsibility to water, weed, trim, maintain and replant if necessary said trees and grass, or, in the case of landscape materials in outlots or easements, it shall be the responsibility of the property owner as defined in the recorded restrictive covenants. In addition, any tree that is damaged or destroyed shall be promptly replanted with a new, similar tree by the adjacent property owner at the property owner's expense.
[Amended 5-7-2007 by Ord. No. 07-20]