(a) General requirement.
(1) In accordance with the authority granted by Wis. Stats. § 236.13, the village hereby requires that, as a condition of final plat or certified survey approval, the subdivider agree to make and install all public improvements required by this chapter and that the subdivider shall provide the village with security to ensure that the subdivider will make the required improvements. As a further condition of approval, the Village Board hereby requires that the subdivider be responsible for the cost of any necessary alterations of any existing utilities which, by virtue of the platting or certified survey map, fall within the public right-of-way.
(2) As a condition for the acceptance of dedication of public rights-of-way, the village requires that the public ways have been previously provided with all necessary facilities constructed to village specifications, including, but not limited to, sewerage, storm drainage, water mains and services, grading and improvement of the streets and other public ways, sidewalks, street signing, street lighting, and such other facilities required by the Village Board, or that a specific portion of the costs be paid in advance as provided in Wis. Stats. § 66.0709.
(b) Options.
(1) The required public improvements shall be installed by the subdivider at his or her cost.
(2) The subdivider may petition the village for the installation of the required improvements by village contract. The petition must be received by the village prior to August 15 of the year preceding the required installation so that the petition may be considered for inclusion in the village budget. If the Village Board elects to install the petitioned improvements, it shall establish special assessments for the recovery of the costs. The special assessments due from the subdivider for the portion of the petitioned improvements necessary to serve the proposed land division shall be due to the village, together with interest, within six months of the date of village acceptance of the improvements.
(3) a. The subdivider may petition the village for the installation of the required public improvements through the Special Assessment B Bond process as provided for in Wis. Stats. § 66.0713(4), or another acceptable special assessment process with the special assessments being payable at the time of lot sale, payable in a maximum of seven annual installments together with interest.
b. The village may enter into a recapture agreement with the subdivider agreeing to require payment of recapture costs of public improvements from those properties benefitting from the improvements. The village shall prohibit development on those properties until payment has been made, The subdivider may contract directly with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off-site improvements constructed.
c. In addition to the above, the village may enter into an agreement to reimburse the subdivider, at the end of the seven-year period, for his or her cost (at the time of construction) of those oversized improvements constructed within the proposed land division, but which are oversized to serve lands beyond the boundaries of the land division or other lands within the subdivider’s control, and which have not, during the seven-year period, been reimbursed to the subdivider. Said payment shall be only for the actual additional cost of constructing the oversized improvements within the boundaries of the land division and shall not provide for payment of any interest. The village shall then establish special assessments against those benefitting properties outside the proposed land division boundaries or the subdivider’s control for those costs. To be eligible to proceed under this provision, the land division must occur within areas identified in the village’s Master Plan or other adopted comprehensive development or public facilities plan.
(4) Any workable combination of the above determined by the Village Board as acceptable.
(5) If the village finds that village construction of such public improvements would not be warranted as a special assessment to the intervening properties, or as a governmental expense until some future time, the developer shall be required, if he or she wishes to proceed with the development, to obtain necessary easements or right-of-way, and construct and pay for such public improvement extensions as provided under subsections (b)(1) or (b)(2) above.
(c) General standards. The required public improvements shall be installed in accordance with the engineering standards and specifications which have been adopted by the Village Board, where standards and specifications have not been adopted, the improvements shall be made in accordance with established engineering practices, approved prior to the start of construction by the Village Engineer. When new or revised standards and/or specifications have been adopted by the village, work on public improvements not begun within five years of the date of final plat adoption shall be made to the new or revised standards and/or specifications. The Village Engineer shall review and approve the construction plans, specifications, and calculations for the construction of the required public improvements.
(d) Project manager. The subdivider shall designate a project manager who shall be readily available on the project site during the construction of the required public improvements. The project manager shall be granted authority on behalf of the subdivider to make decisions related to the construction of the required public improvements as they may arise during the course of the construction. The project manager shall also be responsible for the scheduling and coordination of the required work to construct the required improvements. Correspondence with or verbal orders to the designated project manager shall have the same authority as with the subdivider directly.
(Prior Code, § 14-1-50)