§ 20-13. Improvements.  


Latest version.
  • Before installation of any improvements, the subdivider shall enter into a contract with the town agreeing to install the required improvements. The adequacy of such facilities and improvements and their proper installation shall be subject to approval of the town board and the town engineer with the acceptance of the facilities only following such approval, and upon such approval the final plat may be recorded except as follows. At the written request of the subdivider, the town board may elect to allow the subdivider to file a letter of credit or cash deposit as a financial guarantee to ensure completion of all uncompleted construction in order to permit filing of the final plat prior to such improvements being completed. All required improvements not installed at the time the final plat is recorded shall be guaranteed by an irrevocable letter of credit or cash deposit in an amount equal to double the cost of the improvements or the maximum allowed by law, whichever is lesser, as estimated by the town engineer. Although subdividers may have a statutory ability to choose the form of a financial guarantee, if the subdivider chooses any form other than a letter of credit or cash deposit, all of the improvements must be completed prior to the final plat being recorded. The form of the letter of credit or cash deposit shall be at the discretion of the town board after review and recommendation of the town attorney. If the improvements are not installed to the town's satisfaction within the time required by the town following approval of the final plat by the town board, the board may cause all uncompleted work to be constructed and the parties executing the irrevocable letter of credit shall be firmly bound for the payment of all necessary costs thereof. In addition:

    (1)

    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 who are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way, shall be subject to the review and recommendation of approval of the town engineer, and approval of the town.

    (2)

    Survey monuments. Before final approval of any plat or certified survey map within the corporate limits of the town 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 town.

    (3)

    The town plan commission may waive the placing of monuments, required under Wis. Stats. § 236.15(b)(c) and (d) for a reasonable time on condition that the subdivider file with the town a letter of credit, cash or certified check to ensure the placing of such monuments within the time required.

    (4)

    The subdivider shall pay and reimburse the town in advance of signing the subdivider's agreement all fees, expenses and disbursements which are incurred by the town and shall pay and reimburse the town without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications; supervision, inspection to ensure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative and fiscal work undertaken to ensure and implement such compliance.

(Ord. of 9-8-2017, § 12-3-4)