TOWN OF
RESOLUTION NO. 2011-
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A RESOLUTION AMENDING THE TOWN
SUBDIVISION ORDINANCE
WHEREAS, the enactment by Wisconsin Legislature of
amendments to Chapter 236 of the Wisconsin Statutes as found in
2009 Wisconsin Act 376 necessitates the amendment of the Town's Subdivision
Ordinance, as set forth in Chapter 135, Article I, of the Town's Code of
Ordinances; and
WHEREAS, the Town's Plan Commission met
to consider the amendments set forth herein on March 3, 2011, and has provided
the Town Board with its recommendations thereon; and
WHEREAS, the Town Board held a public
hearing concerning the amendments set forth herein on March 10, 2011, which
public hearing was preceded by a property published Class II public notice;
NOW,
THEREFORE, BE IT RESOLVED
that the Town's Subdivision Ordinance shall be and is hereby amended in the
manner set forth below:
A. § 135-4.C., concerning and describing violations of the
Subdivision Ordinance is amended to add a new subsection (6): "To excavate, grub trees, clear ground
or move earth on land included in a CSM or shown on a preliminary plat without
first providing to the Town a performance guarantee in the manner and amount
required under this Ordinance."
B. § 135-5.B.(3) concerning Preliminary Plat Approval is renumbered as § 135-5.B.(4).
C. § 135-5.B.(4) concerning Final Plat Approval is renumbered as § 135-5.B.(5).
D. New § 135-5.B(3) is created, to read as follows: "Phasing of Subdivision Plats. A developer or owner may seek Town approval to develop land being proposed for subdivision and install the required public infrastructure and stormwater management devices thereon in phases. The request to develop a subdivision in phases shall be part of the application for preliminary plat approval for the entire area being proposed for phasing. In deciding whether to approve developer or owner's request to develop a preliminary plat in phases, the Town shall base its decision on its evaluation of whether the proposed phasing plan can be promptly completed, so that all planned public infrastructure and stormwater management devices will be designed, built and installed to Town, County and State requirements, and in a timely manner. To do so, the Town shall, at a minimum, consider the following facts: (a) the financial capacity and responsibility of the developer, including the extent of personal resources being committed to the proposed project; (b) outside financing sources' commitment, and the duration and extent of outside financing available to the developer; (c) whether all phases of the subdivision will be completed within three years of preliminary plat approval; and (d) whether the area for which phasing is being proposed is too small to merit such an approach or so large that it cannot be completed within three year period.
E. § 135-5.B.(4)(b), concerning Preliminary Plat review procedure
and what information must be submitted, is amended to renumber current subsection
[25] as [26], and to create new subsection [25], that requires disclosure of
phasing plans at preliminary plat approval submission, to read as follows: "[A]ny proposed phasing plan, including
the location, dimensions and area of each proposed phase, phasing sequence, how
public infrastructure will be constructed in each phase and connect to
adjoining phases, including showing the basic location of future roads in all
phases, the location of all temporary cul-de-sacs, how and where stormwater
management devices will be constructed and drain each phase, including the
location of all temporary and permanent installations, and a timetable for
completion of each proposed phase, which timetable, once approved, shall not be
modified by the developer without Town approval.
F. § 135-5.B.(5)(a), related to final plat approval, in the first
sentence, is revised as follows: "If
an initial final plat is not submitted for approval within 24 36 months
of preliminary plat approval by the Town, the Town may refuse to approve the
final plat." A new second sentence
is added to this subsection: "All
final plats shall be recorded within 6 months after the date of the last
approval of the plat and within 36 months after the first approval."
G. § 135-10.A., related to letter of credit requirements, is amended to insert new second, third, fifth and sixth sentences, as follows: "§ 135-10.A. Requirement. If the public facilities, roads and improvements required by the Town under Town Ordinances or pursuant to a developer's agreement with the Town have not been fully installed by the time a plat is submitted for preliminary plat approval, the developer shall file with the Town Clerk/Treasurer an irrevocable letter of credit in favor of the Town in an amount sufficient to fund and guarantee the performance of the developer's obligations and make payment for any and all work to be performed by the developer pursuant to this article or such developer's agreement. When the Town approves a phased construction of platted area, the initial letter of credit shall be provided for each phase before any site work commences in the area of that phase, and in an amount sufficient to fund and guarantee the performance of the developer's obligations with reference to the permanent and temporary public facilities, roads and public improvements that will be built as part of that phase. At all times, and as to each phase built and under construction, all required performance and maintenance guarantees shall be fully funded by irrevocable letters of credit. The irrevocable letter of credit shall be in a form approved by the Town Attorney and shall be in an amount, as determined by the Town Engineer, equal to 120% of the estimated cost of completing such public facilities and improvements as are being required an/or inspected by the Town, including all improvements for which the Town will have future responsibility for maintenance or repair. In multi-phase developments, the 120% letter of credit required for each phase shall include the cost of construction of stormwater management required for that specific phase, all interior roads of that phase and those roads intended to connect to future phases and/or adjacent developments. Once the infrastructure has been approved for a specific phase, the letter of credit for that phase may be reduced to the greater of $30,000.00 or 15% of the original letter of credit amount, which amount shall be retained to serve as the maintenance guarantee. The developer's agreement shall determine when the letter of credit will be released and may contain provisions for periodic reductions and amounts so held as work progresses, but always under terms that fully protect the Town's interests at the time. Town ordinances also exist requiring developers to pay certain costs of the Town incurred in application review and inspection, to deposit funds with the Town for this purpose and requiring that developer's agreement be entered into with the Town.
FOR: AGAINST:
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By action of the Town Board of the Town of
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Raymond H. Knapp
Town Chair
Attested to:
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Town Clerk/Treasurer