Chapter 19. Subdivision and Platting
Sec. 19-63. Required improvements.
(1) Facilities required. Before final approval of any subdivision plat or map within the corporate limits of the City will be granted, the subdivider shall enter into a development agreement with the City, acceptable to the City Attorney, setting forth in detail the terms and conditions of such agreement to include, among other things, the procedure for making such application, the facilities which must be installed under the terms of the contract, the satisfactory proof that the developer is able to install the agreed upon facilities listed in subs (a) to (h), ensuring that such facilities will be installed within the time required by the Council, and such other requirements as may be set forth therein, all as set forth in subsection (8) of this section. There must be an approved development agreement at the time of final plat approval.
(a) Sanitary sewer. Sanitary sewers shall be constructed in the locations needed to provide service to each lot. Laterals shall be installed for each lot terminating not less than seven (7) feet inside the property from the street right-of-way line. Where platted utility easements exist, additional consideration shall be made to extend laterals beyond the platted easements. If a sewage lift station is necessary to serve the subdivision, subdividers shall share in cost of the lift station and associated force main in the same ratio that the area of the subdivision bears to the total area served by the lift station. The plans for sanitary sewers shall be approved by the City Engineer and the Wisconsin Department of Natural Resources. Construction shall be under the supervision of the Engineering Division or an engineering consultant agreed upon by the subdivider and the City Engineer and the cost of such supervision shall be borne by the subdivider. If the City is required to construct sanitary facilities outside of the boundaries of the subdivision to serve the subdivision facilities, the subdivider shall be responsible for any cost of such construction not recovered by the City through special assessments unless other arrangements are made through a developer's agreement.
(b) Water. Water mains shall be installed within the subdivision boundaries to provide service to each lot in conformance with the regulations of the Marshfield Utility Commission. Laterals shall be installed for each lot terminating not less than seven (7) feet inside the property from the street right-of-way line.
(c) Storm sewer. Such facilities shall include mains, ditches, channels, inlets, catch basins and laterals as required by the City Engineer and the Board of Public Works. All storm sewer systems shall be required to handle a ten (10) year design storm unless there is a history of flooding or property damage. Subdivisions shall be designed to safely convey up to the 100 year storm without property damage. All subdividers shall be held to the current WDNR stormwater management standards NR151 and NR216 as well as the chs. 25 and 26 of this code.
(d) Streets. The street construction shall include all grading, base course, stormwater drainage systems, curb and gutter and concrete or asphalt pavement, in accordance with the current construction standards on file with the City Engineer. If permitted by City Engineer and the Board of Public Works, a street may be constructed without curb and gutter.
(e) Sidewalks. The street construction shall include the installation of sidewalks. Sidewalks shall be installed on both sides of the street. Sidewalks shall be installed as the improvements are being constructed before a certificate of occupancy will be issued. Exceptions to this requirement shall only be approved through a development agreement as identified in Sec. 19-63 (8). Standards for the installation of sidewalk are on file with the City Engineer.
(f) Signage. The subdivider shall be responsible for the costs associated with the purchasing and installation of all street name signs and required traffic control signs. Where the development is a high volume commercial development or a public facility such as a school or church the City Engineer shall recommend to the Board of Public Works whether a traffic study shall be required for said developments at the cost of the developer. The subdivider shall also be responsible the costs of the initial installation of all pavement markings.
(g) Pedestrian and Bicycle Trails. The subdivider shall grant an easement to the City where new subdivisions converge with opportune areas for new pedestrian and bicycle trails, according to the Marshfield Comprehensive Outdoor Recreation Plan.
(h) Utilities. All utilities shall be installed underground within the boundaries of the subdivision in such a manner as to make service available to each lot. The subdivider shall also cause streetlights to be installed.
(2) Responsibility for street and utility improvements. The subdivider shall be responsible for all costs of required improvements, as follows, including construction plus engineering and city administrative costs of sanitary sewer, water, storm sewer, sidewalks, and streets plus any other costs of construction not recovered by the City through special assessment except as set forth below:
(a) Where the streets, storm, and sanitary sewer improvements are constructed on the exterior boundary of a subdivision, the subdivision shall pay fifty (50) percent of storm and sanitary sewer mains and street costs and the City shall pay fifty (50) percent, subject to budgeted funding, and subject to its right to recover such costs upon improvement of the adjoining property.
(3) Plans and specifications. At the option of the City the plans and specifications for any or all of the required improvements may be prepared by the City. If the subdivider is required by the City to furnish plans and specifications, they shall be prepared by a registered engineer and approved by the City Engineer and any state agency having jurisdiction over such plans. In either case, the subdivider shall be responsible for the cost of plan preparation and any surveys needed to prepare the plans.
(4) Construction. The City may undertake construction with City forces at the request of the subdivider of improvements normally constructed by the City if the City's construction schedule permits. Such construction shall be approved by the Board of Public Works and the subdivider shall deposit a bond or cash with the City in the amount of the estimated cost of the work prior to the start of construction. Payment in full shall be made to the City upon the completion of the work. The construction of any improvements not undertaken by the City shall be the responsibility of the subdivider.
(5) Inspection. All construction shall be subject to inspection by the Department of Public Works. The cost of inspection shall be charged to the subdivider. For sanitary sewer construction, final inspection required shall include air pressure testing, mandrel testing, and televising. In the event City personnel are unable to complete inspection services, an outside consultant or third party services may be necessary. Such consultant services and all costs associated with these services shall be born by the subdivider. The consultant utilized for such services shall be approved by the City Engineer and subdivider.
(6) Dedication required. All facilities and improvements installed prior to the final approval of the plat shall be considered dedicated to the City (pending inspection and acceptance of said improvements), along with streets and other public areas, upon approval of the plat. Facilities and improvements completed under bond or other financial guarantee, after approval of the plat, shall be considered dedicated (pending inspection and acceptance of said improvements) to the City upon their approval and acceptance and release of the bond or other guarantee.
(7) Development Agreement. All subdivisions that require public improvements shall require a development agreement before final plat approval. The agreement shall provide, among other things, the following:
(a) The number and location of the lots to be developed during any period of time involved, which order of development shall be termed "stages" or "phases."
(b) A description of the periods of time within which all of such stages or phases shall be developed.
(c) The method of financing such improvements by one or more of the following:
(1) Special assessments under § 66.0703 Wis. Stats. and the number of annual installments for each phase, if determinable.
(2) Private financing to be obtained by the subdivider.
(3) Public financing as may be determined by the council, with the method of repayment to the city by the subdivider, either by way of special assessments or otherwise, and the terms of such repayment.
(d) A provision detailing the means by which engineering services for the subdivision and/or public improvements will be provided.
(e) A provision that all required improvements shall be installed in accordance with the laws and regulations of the state, City ordinances and the standards for the installation of such facilities which have been or may thereafter be adopted by the Board of Public Works. Standards for public facilities (Street, Sidewalk, Storm Sewer, Sanitary Sewer, Watermain and Signage) are on record with the City Engineer.
(f) A provision that the agreement and the terms thereof shall be recorded in the office of the register of deeds for Wood or Marathon County, whichever is applicable, in order to give notice to any subsequent purchasers of the property included in the subdivision or any phase thereof.
(g) A provision requiring a surety in favor of the City and in a form acceptable to the City Attorney to secure performance of the development agreement. Said surety shall be in an amount equal to the estimated cost of construction or other amount established by Common Council. If the subdivider's project will be constructed in phases, the amount of any surety bond or other security required by the City shall be limited to the phase of the project that is currently being constructed. The City may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements.
(h) A provision determining the time within which the installation of the required facilities shall commence and be completed, so far as possible to ascertain.
(i) A provision, if requested by the developer and approved of by the City, that allows for an exception to the sidewalk requirement in Sec. 19-63 (1) (e).
(j) Any other or additional provisions which may be deemed necessary by the City, or its appropriate officials, in order to supplement the agreement and accomplish the end desired thereby, giving due consideration to the needs of the subdivider and to the protection of the public.
(9) Exceptions. This section shall not apply to a situation involving a single lot of not more than 30,000 square feet in area which is the subject of a certified survey map or plat if one side of the lot has access to an existing, improved street and one side abuts on an unopened or undedicated street which is on the master street plan as of the date of the application for a building permit, and if such lot does not exceed in length along the unopened or undedicated street approximately the same length as any lot abutting on the other side of such lot, or along the same street in the same block. As a condition of obtaining this exception, however, the applicant for the building permit shall agree to provide, in the case of sale of such lot, a covenant in the instrument of conveyance that the purchaser, or his successors in title, shall pay the costs of installing the facilities otherwise required by this section, if such street is opened, and if requested to do so by the Council, to the extent of 50 percent (50%) of such costs. In the event such street has not been dedicated, a further condition shall be the dedication of a minimum of thirty (30) feet (or one-half of the width of the street) as classified by the most current "City of Marshfield Comprehensive Plan", along the entire length of the lot in question.
(Code 1982, § 18.05; Ord. No. 1190, § 2, 12-14-2010)
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