[Amended 6-19-2006 by Ord. No. 06-29; 5-7-2007 by Ord. No. 07-20; 5-18-2009 by Ord. No. 09-34; 5-18-2009 by Ord. No. 09-35; 2-4-2019 by Ord. No. 19-04; 8-3-2020 by Ord. No. 20-22]
All public and private 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, 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 or with respect to a residential development plan under § 420-57.6 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 financial security 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 financial security
are appropriately modified or supplemented if necessary.
See Chapter 405.
A.
General requirements. Subject to this chapter and Chapter 405, 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 work 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 approval of a site and operational plan under § 420-56 and with respect to approval of a residential development plan under § 420-57.6 of the Village Code) and the plans, specifications and profiles approved by the Village Board.
B.
Public and private streets. All public and private streets shall be designed and constructed pursuant to this chapter and Chapter 405.
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, vegetative
site stabilization and related work shall be completed within 12 months
after the last required approval of the final plat or certified survey
map, 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 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. Electronic copies 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. All grading shall be inspected and approved pursuant to the requirements of Chapter 405.
H.
Additional general grading requirements. In addition to the requirements of Chapter 405, 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 pursuant to the requirements set forth in Chapter 405. The Kenosha County topographic maps shall not be used as base information for preparing detailed engineering plan.
(2)
In addition to specific requirements in Chapter 405, 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)
(Reserved)
(4)
Sump pump laterals shall be provided for all residential
developments as approved by the Village Engineer. All single-family
and multiple-family units shall interconnect the sump pumps to the
storm laterals. Also, for all multiple-family, commercial, industrial,
and institutional land uses, the downspouts shall be required to be
interconnected to the storm sewer system unless approved on a case-by-case
basis by the Village Engineer.
(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 preserve significant
stands or trees, 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-foot contour intervals.
(9)
The divider/developer shall provide electronic 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 pursuant to Chapter 405 within the property, 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 24 inches low to minimize the amount of fill removal from excavated basements only if specifically approved by the Village Engineer. The grading survey shall be completed by a Wisconsin professional 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 as-built survey as required by Chapter 405 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.
A.
General requirements. Subject to this chapter and Chapter 405, 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, 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 approved by the Village Board and the plans and specifications 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 and developments proposed to be developed only for the extension of existing rural cross-section roads.
D.
Urban street cross sections.
(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 pursuant to Chapter 405 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 and private street, all public and private street roadways shall be paved in accordance with the requirements of this section, § 395-60 of this chapter and Chapter 405.
(1)
The specifications provided in Chapter 405 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. Any upgrade to the minimum standards provided in Chapter 405 is at the cost of the developer/divider.
F.
Paving sequence and timing. The paving of public street roadways shall be completed as specified in Chapter 405.
G.
Alteration of timing. Notwithstanding any other language in Chapter 405, 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.
H.
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. Electronic copies of all such plans compatible with the Village's Geographic Information System format pursuant to § 395-82A of this chapter shall be submitted to the Village as a condition of final plat, certified survey map, or development plan approval.
I.
Inspection requirements. The Village, or its consultants, shall be contracted 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, at the developer's/divider's cost, pursuant to Chapter 405.
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 or certified survey map or development plan, the costs of designing, extending and inspecting any required public or private street to the site of the proposed land division or development, unless the Village Board specifically waives this requirement for good cause shown, or agrees to compensate the divider/developer through a special assessment wherein recoverable amounts are collected from an abutting property owner benefiting from the private or public improvements. [See Subsection J(3) below.]
(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 or private 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, 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 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 a right of recovery agreement prepared by the
Village which reimburses the divider/developer certain specified moneys
which are recovered by the Village under a specified time frame as
agreed to 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 costs 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.
K.
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, 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.
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 the approval of a site and operational plan under § 420-56 or with respect to the approval of a residential development plan under § 420-57.6 of the Village Code) and plans and specifications approved by the Village Board.
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 pursuant to Chapter 405. In existing residential areas, or where the location of curb openings can be determined prior to construction, thirty-inch-wide concrete curbs and gutters shall be installed in nonresidential streets pursuant to Chapter 405.
D.
Handicap ramps. Curb openings at all intersections shall be provided for handicap accessibility ramps where sidewalks are required pursuant to Chapter 405.
E.
Completion.
(1)
Curbs and gutters shall only be installed after the
aggregate base course on all public or private street roadways has
been completed, inspected and 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. Curb and gutter plans shall be prepared as a detail of the public or private street plans prepared by a professional engineer registered in the State of Wisconsin in accordance with Chapter 405. Electronic copies 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, or its consultants, shall be contracted to inspect and approve work on the paving of public or private roadways during construction. No further work shall be done on the roadways until the prior work is approved, at the divider's/developer's costs, pursuant to Chapter 405.
A.
General requirement. Subject to this chapter and Chapter 405, 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, institutional 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. The Village Board may grant an exception, on a case-by-case basis, for a minor subdivision of existing lots located within a nonsewer service area and located within the LUSA, Limited Urban Service Area Overlay District, such as lots within Carol Beach Estates Unit W, Unit 2, Unit 3, Unit 4, Unit 4a, Unit 5 and Unit 5a Subdivisions and Chiwaukee Subdivisions, or such other areas of the Village wherein it is unlikely that sanitary sewer service will ever occur.
B.
Design and construction. All public or private 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 approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 of the Village Code) and the plans and specifications approved by the Village Board.
C.
Specifications.
(1)
Public improvement 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. Project specifications shall be prepared by a professional engineer registered in the State of Wisconsin.
(2)
Private improvement specifications. The size, type, design, location and manner of installation of all private sanitary sewerage system facilities shall be in accordance with the rules of the Wisconsin Department of Safety and Professional Services 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 in the State of Wisconsin.
D.
Laterals. Sewer laterals shall be installed to the
street lot line or to the private road easement line.
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. Electronic copies 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 main trenches and all sanitary sewer lateral trenches within public or private streets shall be backfilled with Village-approved material meeting the requirements of Chapter 405. 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.
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 public
or private 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, or its consultants, shall be contacted by the divider/developer to inspect and approve all public and private sewerage system improvements and facilities pursuant to Chapter 405.
(2)
Televising of the sanitary sewer. The sanitary sewer mains shall be televised at the divider's/developer's cost, pursuant to Chapter 405.
(3)
As-built sanitary sewer plans. Upon installation, inspection and televising of the public sanitary sewer main, the Village shall prepare the required as-built plans, at the divider's/developer's cost, pursuant to § 395-82C of this chapter. The required as-built plan for private sanitary sewer main shall be provided to the Village by the developer's consulting engineer, at the divider's/ developer's cost, pursuant to § 395-82C of this chapter.
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 approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 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.
(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 a right
of recovery agreement prepared by the Village, which reimburses the
divider/developer certain specified moneys which are recovered by
the Village under a specified time frame as agreed to by the Village,
with respect to designing and extending public sanitary sewerage system
improvements. The divider's/developer's engineer shall provide all
required maps, schedules and cost analysis for Village review and
to be incorporated into the right of recovery agreement. 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,
not any interest or inflationary costs.
(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.
A.
General requirements.
(1)
Storm sewers. Storm sewers, subject to this chapter, Chapter 298 and Chapter 405, 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. Private on-site storm sewers shall be constructed pursuant to Chapter 405.
(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 Chapters 298 and 405, 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 pipe and materials as required by Chapter 405. The lateral shall discharge to an approved location pursuant to the requirements of Chapter 298. The lateral shall be installed by the divider/developer in the right-of-way. In the case of private residential homes, the owner shall extend the lateral from the right-of-way to the house.
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 or a residential development plan approved by the Village Plan Commission or Village Zoning Administrator under § 420-56 or 420-57.6 of the Village Code) and the plans and specifications approved by the Village Board.
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. Electronic copies 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 Village-approved material meeting the requirements of Chapter 405. 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, or its consultants, shall be contacted and shall inspect and approve all storm sewer and drainage system improvements and facilities. The storm sewer mains shall be televised at the divider's/developer's cost. Any cleaning of the catch basins to facilitate the televising is also an expense of the divider/developer pursuant to Chapter 405.
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 approval of a site and operational plan under § 420-56 or with respect to approval of a residential development plan under § 420-57.6 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 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 or a residential development plan approved by the Village Plan Commission or Village Zoning Administrator under § 420-56 or 420-57.6 of the Village Code) and the plans and specifications approved by the Village Board.
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 811, Requirements for the Operation and Design of Community Water Systems, Wis. Adm. Code, and Chapter 405 of the Village Code. Project specifications shall be prepared by a professional engineer registered in the State of Wisconsin.
(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 Safety and Professional Services 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 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 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. Electronic copies 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 or private streets shall be backfilled with Village-approved material meeting the requirements of Chapter 405 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, or its consultants, shall be contacted by the divider/developer and shall inspect and approve all public water system distribution improvements and facilities pursuant to Chapter 405. The water system shall not be placed in operation until successfully producing the required number of safe potable water samples pursuant to Chapter 405.
(2)
Private water system distribution improvements and facilities inspections are required per Chapter 405 at the cost of the divider/developer.
(3)
As-built water plans. Upon installation and inspection of the public water main, the Village shall prepare the required as-built plans, at the divider's/developer's cost, pursuant to § 395-82C of this chapter. The required as-built plans for private water main shall be provided to the Village by the developer's consulting engineer, at the divider's/developer's cost, pursuant to § 395-82C of this chapter.
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 or a residential development plan to be approved under § 420-56 or 420-57.6 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.
(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 a right of recovery agreement prepared
by the Village which reimburses the divider/developer certain specified
moneys which are recovered by the Village under a specified time frame
as agreed to 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, not any interest or
inflationary costs.
(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, concrete sidewalks shall be required in all developments with exceptions to be considered on a case-by-case basis by the Village Board.
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 and Chapter 405, 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 or residential development plan approved under § 420-56 or 420-57.6 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.
D.
Plans. Sidewalk plans shall be prepared as a detail of the public street plans prepared in accordance with Chapter 405.
E.
Completion. Sidewalks shall be installed and completed with roadways in accordance with Chapter 405.
A.
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 and residential development plans under § 420-57.6 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.
B.
Utility
facility and maintenance charges. The land owners or subsequent homeowners'
or commercial owners' association shall be responsible for the ongoing
financial obligation for the energy and facility maintenance costs
for any utility and communication facilities in the development.
A.
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 and residential development plans approved under § 420-57.6 of the Village Code) pursuant to Chapter 405. The divider/developer shall provide the total cost of said improvements in the financial security. The streetlight types or designs shall be pursuant to specifications in Chapters 405 and 420 of the Village Code. The divider's/developer's prequalified and licensed electrical contractor or We Energies shall install streetlights or cause such lights to be installed as a required public improvement.
B.
Utility
facility and maintenance charges. The land owners or subsequent homeowners'
or commercial owners' association shall be responsible for the ongoing
financial obligation for the energy and facility maintenance costs
for any utility and communication facilities in the development.
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 and residential development plans approved under § 420-57.6 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 financial security. 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 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 land divisions or developments with public or private roadway frontage, the divider/developer shall plant street trees pursuant to Chapter 405.
(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 as approved by
the Village. 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 and as soon as practicable after the installation of
the roadway and with approval of the Village.
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 warranty for all landscape materials installed pursuant to Chapter 405, unless another time frame is specifically approved in the development agreement. 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 may be further 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 as approved by the Village.
