HomeMy WebLinkAbout31294 / 81-03April 16, 1981
FZFST �ING
'� 1 ORDIIQANCE
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A C�iERP.L ORDINANCE OF Tf� QTY OF OSHKC6H P.MErtDING SECrION 30-35, 30-36
and 30-40 nF murc, W-�vw.°. ;.R.."v'IC'�FFsi. 'wDS r'�AI'iS�ivG i'0 SUBDI�SiG�1S.
The Ccmmn Cotimcil of the City of Oshkosh do ordain as follaas:
SECi'ION 1. That Section 30-35(E) of the Oshkosh M�micipal Code per
taining to Subdvisions is hereby anended to read as follows:
(E) PLATS OUPSIDE THE CbRPORATE ISMITS
Before final appmval by the City of Oshkosh of any plat locatad
outside the corporate limits o£ the City, but within the plat
approval jurisdiction of the City of Oshkosh, the subdivider
shall give evidence that he has cong�lied with all I�siqn Standards
and Fequirnd I�rovements as stated in Section 30-39 and 30-40
of this Land Subdivision Ordinance.
SECTIQV 2. That Section 30-36(D) of the Oshkash .ftmcipal Code Fert��n�ng
to Subdivisions is hereby a�nded to read as follcws:
(D) PLATS WITI-IIN 'Ii� E}CPRATERRLTpRT�1I, PLAT APPFd�VAL JURISDICTION
When the land to be subdivided lies within three (3) miles of
the corporate limits of the City of Oshkosh, the Oshkosn Land
�:zl3:.c_si.^,,-, •:.r3i���:� shaii appiy.
Approval agencies shall �e as specified in Chapter 236 of the
Wisconsin Sta±ut�s; and tne subdivider must comoly with the land
division -_�gulations of said agencies or imits of govesruresit.
SECPION 3. That Section 30-?0 of the Oshkosh bhmicipal Code L�ertaining
to Subdivisions is hernby amended to read as iollows:
(A) N¢.`PHOAS OF FINNANCING (I�rovenents to Plats within the City Limits)
No final Plat for the subdivision of land in the City of Oshkosh shall
be anproved by the CoRCron Colmcil tmtil the subdivider has sade
arrangPSrer.ts to install the recruired improvetrents as hereinafter
provided.
Ii[prove�rents may be orovided by the subdivider in one of the follcwirsg
ways:
(1) By private contract orior to aporoval of the certified survey
map or final plat.
- lA -
SUBDIVISION ORDINANCE ADSENDt�7T (Continued)
(2) By entering into a contract with the City of Oshkash, before
the final plat is submitted for approval, agreeing that he
will install the required iic�roveirents. The subdivider shall
file with said contract a bond ireeting the appmval of the
City Attorney or a certified check or letter of credit in
an aimimt ec�l to the estimste of cost of said i.�rovements
as prepared by the Director of Public Works. Such bond,
check, or letter of credit shall constitute a guarantee that
such i�ro�.e�rents will be co�leted by the sutxlivider or his
crontractors not later than thme (3) years fxtian the date of
remrding of the plat. It shall constitute a further guarantee
that all obligati.ons to subcontractors for work on the develog-
irent are satisfied.
'P::e .xn'-sa�,r�a a�i3/or s':ilx:;airactors wno aze to i�e engaged
in the mnstructi.on or i�rovemPnts on dedicated stre=t
'right-of-way shall be designated as qualified for such work
by the Director of Public Works.
Govenucental imits to which these bond and contract provisions
apply may file in lieu of said wntract or bond, a letter from
officers authorized to act in their behalf, agreeing to wnply
with the provision of this Article.
(3) The subciivider may in lieu of options (1) and (2) above, avail
hi.nself of special assesstrent financing for the installation
of the i.�mvemFSits rec;u.ired by this ordinance including sEwer,
water, grading, storm seaer, and graveling and street surfacing
including clirb and gutt�r. The cost of such si.�cial assessrt�nts
shall be based t�on the Director of Public works estimates for
100� of sai.d itcprovetrn�ts, plus engir.eering costs, if the City
provides this service.
If the subclivider desires to avail ?iimself of special assess:rent
financing, he shall submit a petition to the City Clerk in
accordance with the applicable special assessirent i�rovesrents
policy of the City, requesting installation of such i�rovecrents
3P.� @.'{ir)i?S°� j' W2.1'v7iay dii ic�ai i�jiilicii�iiu � inciuding tne r1gCli.
to notice and hearing, wit'� resnect to the soecial assessirents
to be levied in �nnection therewith.
The Gity Clerk shall tabulate cetitions imder this method on
Septearber lst of each year. The City Coimcil shall tnen consider
each petition on an individual petition basis. No conmi.t�rent
to pmvide special assessirent'financing is inferred imtil
i nAi vidually approved by t'ie Cornron Coimcil. In the event
that fimds are available to only ��-+�; ally ftmd all of the
subdivisions desiring this option, the City Coimcil shall
be quided by giving consideration on the basis of the subdivision
or subdivisions which have the laaest iu�recoverable city wst
per lot, and other factors.
(B) ME'IHOIIS OF ETNANCING (I�rovenpnts To Plats Located S4ithin the
3 Mile Extraterritorial Plat Aporoval Jurisdiction)
No Plat for the subdivision of land located within the city's
-is-
(C)
SUBDIVISIIXd ORDINANC� AMFrvD[�Tf (Continued)
3 icdle extratPrritorial plat appmval jurisdiction shall be appro�ed
by the Caaecnn Coimcil until the subdivider has made arran��nts
to install the xequired i�roveirents as hereinafter provided.
I�rovements may be pmvided by the subdivider in one of the follvaing
ways:
(1) By privat� contract prior to approval of the �rtified s��ey
map or final plat.
(2) By entesing into a contract with the City of Oshkosh, before
the final plat is submitted for approval, agreeing that he
will install the required i.�rove�nts. �e s�cli.vider shall
file with said contract a bond �eting the aporoval of the
City Attorney or a�rtified check or letter of credit in
an atrount equal to the estu�te of cost of sai.d i�rovement
as pregared by the Director of Public Works. Such bond, check,
or lettEr of credit shall constitute a quarantse that such
i�rcve�rents will be ��leted by the subdivider or his
contractors not later than three (3) years from the date
of x2cording os the p1at. It shall cunstitute a further
guarantee that all obligations to subcontractors for vrork
on the develop�nt aze satisfied.
The contractor and/or subcontractors who are to be engaged
in the mnstsuction of i�rovenents on dedicated street ric,hts-
of-way shall be designated as qualified for suc'� work by the
Director of Public Works.
Govemnental imi.ts to which these bond and �ntract nrovisions
apply may file in lieu of said contract or bond, a letter
from officers authorized to act in their behalf, agreeing to
co�ly with the provi.sions of this Article.
(3) The subdivider may in lieu of options (1) and (2) above,
avail hi.nsel£ of special assessm�nt financing, if suc'� financi.ng
is availanie rhtvugh rne ucu�_ cf local govecnment in whirn
the plat is located. �e special assessttent financing pro-
vided by the City of Oshkosh for itrg�rovenents to plats located
within the city's corporate limits will not be available to
developers of extraterritorial olats.
v • � � • -,� i�
The follaaing iz�roveirents shall be pmvided in all plats located
within the City of Oshkosh or within the city's 3 mile extraterri.torial
plat appmval jurisdicti.on:
(1) Survey Nbrnmients. Before final approval of any plat the sub-
divider shall install momsrents placed in accordance wit'� the
requireirents of Chapter 236 of the i4isconsin Statutes and as
may be required by the Director of Public Works. The Director
of Public Works may waive the placing of ironiments for a
reasonable time on condition that the subdiviCer executes
a surety bond to insure the placing of suc31 mon�rents within
- 1C -
SLIDDIVISICN ORDINANCE At�fmi�'"Ff (Continued)
the ti�rn required. For plats located within the City of Oshkosh
e�ctraterritorial plat apnroval area, the subdivider shall
pm�de tmder the Winnebago County Subdivision Ordinance.
(2) Street Gradinq. After the installation of teRporary block
corner imniurents by the subdivider and establistu�nt o£ street
grades by the Director of Public works the subdivider sha11
grade the full width of the right-of�aay of all streets proposed
to be dedicated in acwrdance with plans and standard specifi-
cations approved by the I�partrent of Public works.
(3) Sanitary Sewezs. The subdivider sha11 cronstn�ct sanitary
sewers in such a mannes as tc� make adequate sanitaxy sewerage
avai.lable to each lot wzthin a major or minor subdivision.
LateraLs extending frocci the sanitaiy sewer main to the lot lix�e
to service each parc�l of property within the subdivision shall
be installed. The size, type, and installation of all sanitaxy
sewess proposed tn be constructed shall be in acmrdance with
plans and specifications apnmved by the Departrrent of Public
Works.
In the extraterritorial plat approval jurisdiction where no
public sanitary sewers are available, on site effluent sysGenu
shall be allowecl. In such instances, the subdivider shall
procede tmder the Winnebago County Pri�rate Sewage System
Ordinance. 'Ihe subdivider shall file a copy of the permi.t
issued by Winnebago Coimty with the City of Oshkosh with the
filing of the final olat or certified survey msp.
The Subdivider sha11 assinre the crost of installing all sanitazy
seaers ten (10) inches in diacreter or less in size. If
greatsr than ten (10) inch dia�ter s�rers aze required to
handle the cont��lated seaage flaas, the excess cost of such
lazger sewers shall be borne by the City of Oshkash if the
plat is located within the city's corporate limits.
T:,e a�Y cf �u:7::oaa :viil :.�� Fr:.�-tici�^�at:= _. aZl �s� 2�sCCiat�.
with the installation of sanitaiy sewer ic�ro��e�rents in plats
located within the city's extraterritorial plat appmval area.
(4) Water. The subdivider shall construct water mains in such a
�nner as to �ke adequate water service available to each
lot within the subdivision. Water laterals shall be constructEd
to each lot line. The size, type and installat'ton of all public
water *��*+G shall be in accordance with plans and standard
specifications appmved by the departrrnnt of p�lic works.
In the extraterritorial plat apomval jurisdiction wY:ere no
public water mains are avai.lable, water wells shall be alloweci.
In such instances, the subciivider shall proceed under the
Winnebago Coimty Sanitary Ordinance. '1'he subciivider shall
file a copy of the permit iasued by Winn�ago County with
the City of Oshkosh with t`�e filing of the final plat or certified
survey map.
- 1D -
SUBDZVISION ORDI�INCE AI�T�ID�NT (Continued)
The Subd'tvider shall assLme the ccst of installina all watEr
mainc eight (8) i.nches in diameter or less in size. If gzeater
than eic�t ( 8) inch diaReter water �� *+G are required, the
e�ess oost of such mains shall be borne by the City of Oshkosh
if the plat is located within the city's corporat� limits•
'Ihe City of Oshkosh will not �*+;cipat� i.n any costs associated
with the installation of water main i�rovements in plats
located within the city's extratPrritorial plat approval area.
(5) Storm Sewexs. When required, by the Director of Public Wc�cs,
storm sewexs shall be constructed wi�.h the necessazy facilitias
thmughout the entire sutxlivision which shall be separa� and
indenendent of the sanitary se.rer system, an3 which shall pzovi.de
an ac]equats outlet or connecti.on with the storm seaer system
of the City. When storm sewexs are not installed, adequate
facilities for the reimval of surface water shall be provided
thmughout the entire subdivision.
The subdi.vider shall assimie the cast of installing all stnnn
sewers up to an am��t not to ex�ed the airoimt of lot front
footage (�asu�d at the building line) imiltiplied by five
dollars. If storm sewers are required which cost crore than
this airoimt, the ex�ss �st shall be borne by the City of
Oshkosh if the plat is located within the city's corporate
limits. The size, type and installation of all storm sewezs
shall be in accordance with plans and specifications approved
by the Depar��nt of P�lic Works.
The City of Oshk�h will not �*+;cipate in any cests associated
with the installation of storm sewer i�rovetrents in plats
located within t'�e city's ex`��raterritorial plat approval area.
(6) Srzeet Surfacing and Curb and Guttess. After the installation
of all utility and storm water drainage improveirents, t'�e
subdivider shall surface all road-ways in streets pr000sed to
be de��a+.e�? ±� ;h� azd±-t,<, �-�scriL�ci b_: these r_.T�1?�pnc
and appmved in the Preliminary Plat. Said surfacing and
curbs and gutters shall be done in acwrdance with plans and
standard specifications aoproved by the Departire.nt of Public
Works, and shall consist of the following:
Type of Stxeet Surface
Major 4 inches of crushed stone, and
8 inches of non-reinforced wncrete
Collector 5 indzes of crushed stone, and
7 inches of non-reinforced concrete
Minor 5 inches of crushed stone, and
7 inches of non-reinforced �ncrete
or
7 inches of crushed stone
5 inches of asphalt
- lE -
SUBDIVSSION ORDIlVA�yCE AMENDME�vi' (Continued)
The Subdivider shall assimie the cost of surfacing a11 roadways
thirty (30) feet in width or less, and the cost of installation
of all ct�s and gutters. The cost of surfaci.ng in e�s
of thirty (30) feet in width shall be borne by the City of
Oshkosh if the plat is located within the city's crorporats
�;n+;ts.
�e City of Oshkosh will not pazticipate in any costs associated
with the installation of stseet surfacing or c1u3� and guttez
improvesre.nts in plats located within the city's extraterri.torial
plat approval area.
(7) Other Utilities. The subdi�rider sha.7.1 cause gas, electrical
�w.:er eixi �lep';iur.e �acwii _�2s i:c, � in5 �ai i�d ±-, s:i�z a
nanner as to make adequate servi.ce available to each lot
in the subdivision. No such electrical or telephone service
shall be located on overhead poles unless otheswise allowed
due to exc�ptional topography or other physical barrier.
Associated equipnent and facilities which are pertinent to
tmdergmimd telephone and electric systens such as, but not
t;m;t�d to, substations, padtmimted transfo�rs, patroimted
sectionalizing switches, pedestals, iroimt.�d terminal bo�s,
may be located above ground.
(8) Preparation of Plans and Specifications. The City of Oshkosh
may, by co[[¢ron agree�nt between the City Coimcil and subclivider,
provide the engineering sexvices needed for all or part of
the required in�rove�rnnts. If the city provic�es tnis service,
it shall be reinbursed in the airoimt of six Fercent (6�)
of the actual �st of i�mve�ts designed by the City.
In the event that the irethod of financing outlined in Section
30-40(A) (3) is utilized, said six percent engineering mst
shall be added to the special assessm�nt. The service is
not available to subdividers platting within the extsaterritorial
plat appmval jurisdiction.
SECiION 4. Tnis ordir�ar:c� sha'_1 be ir, full force ard ersect from and
after its passage and date of publication.
SL?Biur"'T.:D BY
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