(A) General requirement. Before the final plat is signed by the Chairman the Plan Commission, all applicants shall be required to complete, in accordance with the Administrator’s decision and to the satisfaction of the Town Engineer, all the street, sanitary and other improvements including lot improvements on the individual lots of the subdivision as required in these regulations, specified in the final subdivision plat, and as approved by the Commission, and to dedicate same to the local government, free and clear of all liens and encumbrances on the property and public improvements thus dedicated. Written notice shall be given to the Town Engineer within a minimum of three days in advance of start of construction. Where construction has ceased for 90 days, renotification is required.
(B) Posting of performance bond.
(1) The Plan Commission, at its discretion, may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat, and that, as an alternative, the applicant post a bond at the time of application for final subdivision approval in an amount estimated by the Commission as sufficient to secure to the town the satisfactory construction, installation, and dedication of the incompleted portion of required improvements. The performance bond shall also secure all lot improvements on the individual lots of the subdivision as required in these regulations.
(2) Such performance bond shall comply with all statutory requirements and shall be satisfactory to the local Town Attorney as to form, sufficiency, and manner of execution as set forth in these regulations.
(3) The period within which required improvements must be completed shall be specified by the Commission in the resolution approving the final subdivision plat and shall be incorporated in the bond and shall not in any event exceed two years from the date of final approval.
(4) The Plan Commission may, upon proof of difficulty, recommend to the Town Board extension of the completion date set forth in such bond for a maximum period of one additional year. The Town Board may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the Plan Commission.
(C) Completion of improvements.
(1) The applicant shall build and pay for all costs of temporary improvements required by the Plan Commission and shall maintain same for the period specified by the Commission. Prior to construction of any temporary facility or improvement, the developer shall file with the local government a separate suitable bond for temporary facilities, which bond shall insure that the temporary facilities will be properly constructed, maintained, and removed.
(2) All required improvements shall be made by the applicant, at his expense, without reimbursement by the local government or any improvement district therein.
(3) The Town Board may file in lieu of the bond or contract a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this subchapter.
(4) For subdivisions for which no performance bond has been posted, if the improvements are not completed within the period specified by the Plan Commission in the resolution approving the plat, the approval shall be deemed to have expired.
(5) In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the town may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.
(D) Inspection of improvements.
(1) The Plan Commission shall provide for inspection of required improvements during construction and insure their satisfactory completion.
(2) The applicant may pay to the town an inspection fee as shown below based on the amount of the performance bond, and the subdivision plot shall not be signed by the Chairman of the Plan Commission, unless such fee has been paid at the time of application. These fees shall be due and payable upon demand of the Town Board and no building, improvement or driveway permits shall be issued unless all fees are paid.
Construction cost | Fee percentage |
Construction cost | Fee percentage |
Below $100,000 | Negotiated |
200,000 | 7.9 |
300,000 | 7.2 |
400,000 | 6.4 |
500,000 | 5.9 |
600,000 | 5.6 |
700,000 | 5.3 |
800,000 | 5.0 |
900,000 | 4.8 |
1,000,000 | 4.6 |
2,000,000 | 4.0 |
3,000,000 | 3.3 |
4,000,000 | 3.1 |
5,000,000 | 2.9 |
Greater | Negotiated |
(3) If the Town Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the Town Board’s construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvement according to specifications.
(E) Acceptance of dedication offers.
(1) Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance of the Town Board.
(2) The approval by the Plan Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the town of any street, easement, or other public areas shown on the plat.
(F) Release or reduction of performance bond.
(1) The Town Board shall not accept dedication of required improvements, nor release nor reduce a performance bond, until the Town Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant’s engineer has certified to the Town Engineer, that the layout of all public improvements is in accordance with construction plans for the subdivision and that a title insurance policy has been furnished to and approved by the Town Attorney indicating that the improvements shall have been completed, are ready for dedication to the town, and are free and clear of any and all liens and recommendation. The Town Board shall thereafter accept the improvements for dedication in accordance with the established procedure.
(2) A performance bond may be reduced upon actual dedication and acceptance of public improvements and then only to the ratio that the public improvements dedicated bear to the total public improvements for the plat. In no event shall a performance bond be reduced below 25% of the principal amount.
(Ord. - -, passed - -80; Am. Ord. 2005-9, passed 5-9-05)