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§ 153.010  IMPROVEMENTS.
   (A)   Before final approval of the final plat, the subdivider shall enter into an agreement with the village to install the required improvements and shall file with the subdivider’s agreement an irrevocable letter of credit, or other appropriate sureties meeting the approval of the Village Attorney, equal to the estimated cost of the improvements. Improvement cost estimates shall be made by the developer, reviewed by the Village Engineer, and approved by the Village Board.
   (B)   The improvements may be installed after approval of a final plat or certified survey map by the subdivider or his or her subcontractors, but not later than one year from the date of recording of the final plat or as provided in the subdivider’s agreement.
   (C)   The subdivider’s agreement shall specify a completion date for all improvements. In addition:
      (1)   Plans and specifications for all improvements shall be reviewed and approved by the Village Engineer, in writing, prior to commencement of construction. The subdivider may submit an interim final plat with the improvement plans; however, review and approval of a final plat shall not be initiated until the improvement plans have been reviewed and approved and until the subdivider’s agreement has been fully executed;
      (2)   Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as the contractors and subcontractors providing such work, shall be subject to the prior written approval of the Village Engineer in accordance with village standards and specifications;
      (3)   Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section;
      (4)   Before final approval of any plat within the village or its extraterritorial jurisdictional limits, the subdivider shall install survey monuments placed in accordance with the requirements of Wis. Stats. § 236.15 and as may be required by the Village Engineer; and
      (5)   Prior to the acceptance of a final plat, the subdivider shall furnish, when required by the village, a consent and waiver of the statutory provisions for special assessments for the installation of sanitary sewer, storm sewer, sewer laterals, curb and gutter, sidewalks or pedestrian ways, street surfacing, street lighting services, and all other utilities, which shall be in a form approved by the Village Attorney, pursuant to Wis. Stats. § 66.0703(7)(b). Such consent and waiver shall provide that the installation of such services shall be made at the discretion of the Village Board.
(Prior Code, § 18.02)
§ 153.011  VARIANCES.
   (A)   General. Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of §§ 153.097 because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
      (1)   Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed;
      (2)   Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity; and
      (3)   Absence of detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
   (B)   Monuments. The Village Engineer may waive the placing of monuments, required under Wis. Stats. §§ 236.15(1)(b) through 236.15(1)(d), for a reasonable time on condition that the subdivider execute a surety bond or irrevocable letter of credit to ensure the placing of such monuments within the required time limits established by the village.
(Prior Code, § 18.02)
§ 153.012  LAND SUITABILITY.
   No land shall be subdivided for residential use which is determined to be unsuitable for such use by the Village Board for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the village. The Village Board, in applying the provisions of this section shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he or she so desires. Thereafter, the Village Board, upon the recommendation of the Plan Commission, may affirm, modify, or withdraw its determination of unsuitability.
(Prior Code, § 18.02)
§ 153.013  SEWER SERVICE AVAILABILITY.
   No lot or parcel shall hereafter be created or divided which will not be serviced by public sewer within the corporate limits of the village or which, within extraterritorial plat approval jurisdiction of the village, does not have a valid on-site sewerage system permit located entirely within the respective lot or parcel created
(Prior Code, § 18.02)
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