HomeMy WebLinkAboutNo 27 An Ordinance Relating to the Opening and Construction of Streets in Existing Plats, in Newly Platted Areas and in Unplatted ReasORDINANCE # 27
AN ORDINANCE RELATING TO THE CHNING AND CON-
STRUCTION Oh' STREETS IN EXISTING PLATS, IN NEWLY
PLATTED AREAS AND IN UNPLATTED AREAS.
THE TOWN BOARD a' THE TOWN OF NEW CANADA DOES ORDAIN:
Section 1. No building permits will be issued for any construction
within the Town unless the building site is located on an existing street which
is being maintained by the Town or unless provisions for street grading and
construction have been made in full compliance with this ordinance.
Sec. 2. Unless a specific request is received with the final plat for
zoning of farm residential property which is affected by such plat, the Town
Board shall immediately, upon the recording of such plat, proceed to rezone all
of the property in the platted area as residential property. It is further pro-
vided that the requirements for altering zoning classification as provided in
the zoning code of the Town of New Canada is hereby waived with respect to areas
recently platted as herein described.
Sec. 3. Whenever any street grading is undertaken within an existing
plat, a new plat, or an unplatted area, the owner or developer shall make appli-
cation to the Town Clerk for the establishment of street grades. In the case of
platted areas these grades shall include all of the streets in the subdivision
and also the borderline streets between the property platted and the adjoining
property even though such borderline streets may be only half width. Such appli-
cation shall be immediately forwarded to the Town Engineer who shall make what-
ever surveys are necessary and design the grade for such streets. The grades
recommended by the Engineer shall be submitted to the Town Board for approval
and when they are approved by the Board they shall become official grades fc_r
the streets within the affected area. The Engineer shall submit to the owner or
... developer a statement for expenses involved in this work and these costs shall
be paid to the Engineer.
Ordinance #, Page 2
Sec. 4. The streets in the subdivision shall be graded in accordance
with the plan and designed grade furnished by the Town Engineer. This work
shall be done at the sole expense of the owner or developer. The grading work
shall include the construction of necessary drainage ditches and the placing of
culverts, catch basins or other structures used for the purpose of carrying
water from the property. The grading of the streets shall include the undercut-
ting of the roadbed where necessary and the placing of selected material over
the entire driving surface of the roadway to the depth specified by the Town
Engineer.
Sec. 5. The Town Engineer shall supervise the grading of all new
streets or the regrading of existing streets in the Town. All street construc-
tion shall be made in accordance with the official road and street construction
regulations of the Town which are hereby specifically referred to and made a
part of this ordinance by reference. The Town standard of typical section to
which streets are to be graded are shown on drawings which are part of the above
mentioned official regulations. These regulations and specifications for grad-
ing and surfacing of streets are on file in the office of the Town Clerk and
the Town Engineer and a copy of these specifications may be obtained free of
charge by any owner or developer submitting street or road construction proposals.
Sec. 6. The developer or owner shall have soil tests made by a recog-
nized engineering laboratory to determine the suitability of soils used in the
upper ten inches of the subgrade. This test shall include a report and recommenda-
tion relative to the stabilization with asphaltic road oil of the upper four
inches of the subgrade in accordance with the Town specifications.
Sec. 7. Unless the grading of the streets in a subdivision has been
completed in a manner satisfactory to the Town, the owner or developer shall be
required to furnish surety bonds in an amount equal to one and one-half times the
estimated cost of the grading of the streets or in the alternative to deposit
ordinance #, Page 3
cash with the Town Treasurer in the same amount. The estimate shall be made
by the Town Engineer and the bond or cash shall be furnished to the Town before
any building permits for buildings on lots fronting on such streets are issued.
This bond shall guarantee that the street or streets in question will be graded
in strict accordance with the specifications of the town and to the satisfaction
of the Town Engineer at the expense of the developer.
Sec. 8. After the street has been satisfactorily graded and recommended
for approval by the Town Engineer, the Town Board will authorize routine mainten-
ance, such as snow removal or emergency blading and drainage work. This shall
not in any way constitute final acceptance by the Town and such maintenance or
partial acceptance by the Town Board shall not have any affect upon agreements
existing between the Town and the developer or owner for further improvements
of such streets.
Sec. 9. After the streets have been graded as outlined above and be-
fore any building permits are issued for buildings on the lots fronting on such
streets, the developer or owner shall petition the Town Board for the stabiliza-
tion of the roadbed with asphaltic material. This stabilization shall be four
inches thick when compacted and shall extend over the entire thirty foot wide
driving surface. Where a Town section is used the stabilization shall include
the back slope between the gutter and the sidewalk bench or boulevard making a
total width of approximately 32 feet stabilized top. All of the stabilization
work done in accordance with the approved Town. specifications.
Sec. 10. The petition from the developer or owner to the Town for the
stabilization of the streets of any subdivision shall be accompanied by surety
bonds in an amount equal to one and one-half times the cost of such work as esti-
mated by the Town Engineer or in the alternative deposit cash with the Town Trea-
surer. This bond shall guarantee that the work will be paid for by the developer
or owner in cash immediately upon its completion under a Tcwn contract.
Ordinance, page 4
Sec. 11. after the developer or owner has furnished a surety bond
guaranteeing to pay cash for the stabilization for the streets or deposited cash
as hereinbefore provided, the Town Board shall proceed under the assessment laws
of 1953, to cause the work to be done. The Town Engineer shall prepare plans
and specifications and the Town shall advertise for bids. After the bids have
been received the contract shall be awarded and the work shall be done under the
direct supervision of the Town Engineer who shall represent the Town Board. The
timing of this work shall be in accordance with the best interests of the Town
and the right shall be reserved by the Town Board to award these contracts after
the houses have been constructed on the street to be stabilized.
Sec. 12. If an owner or developer lays out a subdivision for the pur-
pose of selling lots to individual buyers, the provisions of the preceding sec-
tions requiring a surety bond or cash deposit may be waived by the Board if such
owner or developer will petition the Town Board to do the street construction
under the assessment laws of 1953 in which case the work will be done under the
usual assessment procedure and each lot will be assessed for benefits. Such an
arrangement will be made byagreement between the owner or developer and Town
Board and the Town Board will determine the timing of the work in accordance with,
the best interests of the Town.
Sec. 13. If the developer or owner should desire to have the grading
work handled in the same manner as in Section 11 outlined for the bituminous
stabilization, he may do so by submitting a petition to the Town Board which shall
include the complete grading and stabilization of the streets in his development.
This petition shall be accompanied by a bond or cash in the amount of one and one-
half times the cost of wuch work as estimated by the Ton Engineer.
Sec. 14. Before furnishing any bonds and before the approval of any
plat, the owner or developer shall enter into contract with the Town to proceed
with the construction of streets in the proposed subdivision in accordance with
the provisions of this ordinance. The owner or developer shall agree that he will
Ordinance, Page 5
pay for the construction of the street, engineering costs in connection with the
construction and any incidental costs the Town may incur in connection with as-
sessment proceedings. The surety bond furnished by the owner or developer to
the Town shall guarantee compliance with the provisions of said contract.
Sec. 15. It shall not be the intent of this ordinance to force the
construction of all of the streets in any subdivision. The owner or de'loper
shall be permitted to construct, petition and furnish the bonds for the construc-
tion of certain streets in a subdivision without including all of the streets at
one time. In constructing part of the streets, it will be necessary for the owner
or developer to include streets which will make a complete circuit, that is, they
shall leave a finished street and return to a finished street so that there will
be no dead ends when the construction has been completed. Building permits
shall be issued only for those lots having access to a street which has been con-
structed or for which construction bonds and agreements are on file in the office
of the Town Clerk.
Sec. 16. The Town shall accept so-called half width streets when it is
impossible for the owner or developer to provide full right of way for such street.
This shall only apply in cases of so-called border line streets which are streets
located on the boundary line of the property which is being developed. In these
cases, the owner or developer shall be required to grade half streets in accord-
cnee with the plans furnished by the Town Engineer. He shall be required to de-
posit payment for one-half of the estimated. cost of the stabilization of the entire
street as estimated by the Town Engineer. In cases where the entire right of way
has been dedicated to the public but the property of the developer or owner is
located on one side of such street, the developer or owner shall be required to
grade the entire street in accordance with the Town specifications but he shall
only be required to pay for one-half of the standard stabilization treatment.
Building permits shall be denied on the side of the street where the property is
owned by persons who have not entered into these agreements with the Town.
ordinance _q-7 , Page 6
Sec. 17. The provisions of this ordinance shall apply to all streets
in existing plats as well as to streets in new plats. The Town may, however, ex-
ercise their judgment as to the procedure followed in cases where the right of
way or the street has been in existence for any length of time.
Passed by the Town Board of New Canada this a;f day of , ,a`:;�, Gi- , 1956.
ATTEST:
W. E. Luebben, Chairman
Town Board of Supervisors
Ayes - 3
Clerk-, Nays - o