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HomeMy WebLinkAboutResolutions 2003 (7) • RESOLUTION APPROVING TOWN ROAD INSPECTION AGREEMENT BETWEEN ST. CROIX COUNTY AND THE TOWN OF TROY Resolution No. '1 6?-co 3) St. Croix County, Wisconsin WHEREAS, at a meeting of the Planning, Zoning and Parks Committee held on January 28, 2003, the Town of Troy presented a Town Road Inspection Agreement; and WHEREAS, the Town of Troy has adopted road standards which are equal to or more exacting than those contained within Section 18.18 D of the St. Croix County Code regarding subdivisions; and WHEREAS, the town and the Planning, Zoning and Parks Committee wish to enter into an agreement that will avoid unnecessary duplication of road inspections and fees contained in the town's subdivision ordinance and §§ 18.22 (A) 4. d and (B) 3. g of the County subdivision code and § 18.19 Construction and Maintenance Guarantees insofar as they pertain to road construction; and WHEREAS, the Planning, Zoning and Parks Committee has reviewed the proposed agreement and recommends approval. THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the Town Road Inspection Agreement between St. Croix County and the Town of Troy set out in the attachment is hereby approved. FURTHER, be it resolved that §§ 18.22 (A) 4. d and (B) 3. g and 18.19 of the County subdivision code be suspended in the Town of Troy for as long as the agreement is in effect. Dated this / S day of mfr,2 ( iJ , 2003. Offered by: Planning, Zoning and Parks Committee Neggtive Affirmative Art Jensen Art J L L Linda Luckey Linda Luckey Lois Burri Lois Burri !/tr nc oc U • Veronica Anderson Anderson Veronica Anderson Jan Zoerb (} r an 3 er Adopted: Gt3 Attest: 6 � Cindy Campbell, County Clerk TOWN ROAD INSPECTION AGREEMENT This Agreement, dated this 24 day of - March , 2003, is by and between St. Croix County (hereinafter referred to as "the County ") and the Town of Troy (hereinafter referred to as "the Town "). References to "Town Roads" herein refer to Town roads laid out and constructed in the Town of Troy after the effective date of this agreement. RECITALS WHEREAS, Section 18.18 D of the St. Croix County Subdivision Ordinance requires that any road intersecting with a public road, and any other road serving two or more lots, shall be improved by the developer including necessary bridges, culverts, ditches, to standards established by the Town or to the standards found in the County Subdivision Ordinance, whichever is more exacting; and WHEREAS, the Town has adopted road standards in Town Ordinance 02 -01 that are equal to or more exacting than those in Section 18.18 D of the County Subdivision Ordinance so that the developer must build local Town roads in any subdivision located in the Town to comply with Town road construction standards; and WHEREAS, the Town has contracted with a licensed professional engineer or a qualified technician under the direct supervision and direction of a licensed professional engineer to review designs and specifications in proposed Town road plans submitted as a part of plat approval processes in the Town and to inspect Town roads during construction for compliance with the Town's road construction standards as established by ordinance 02 -01; and WHEREAS, under current County and Town ordinances the developer must pay both the Town and the County fees for road construction inspection and must post financial guarantees associated with road construction and blacktopping with both Town and County; and WHEREAS, the Town and County now wish to enter into an agreement that will avoid unnecessary duplication of road construction inspection services and fees while still providing for review of Town road design and inspection of Town road construction by the Town. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. The Town of Troy shall be solely responsible for review of Town road design plans and specifications shown on and submitted as part of the Town plat or certified survey map approval process and for inspecting for compliance with Town road design and construction standards and for all construction- related inspections of all Town roads being constructed or upgraded as part of an approved subdivision or certified survey maps for compliance with Town road design and construction standards. 2. The Town shall secure and provide the services of a licensed professional engineer or secure and provide the services of a qualified technician under the supervision and direction of a licensed professional engineer to review proposed Town road design and specifications and to provide road construction inspection services for the Town, which inspections shall occur on an ongoing basis during the construction process and at completion of construction to assure that Town roads being constructed or upgraded as part of an approved subdivision or certified survey map are constructed in compliance with Town road construction standards. 3. The Town Engineer shall provide final documentation to the Town and to the County Zoning Administrator certifying that the road has been inspected at all points required under the Town's ordinance and that it has been constructed to all applicable standards, including Town road construction standards, and in compliance with Town or County driveway separation standards, whichever are more restrictive. 4. The Town shall hold the County harmless for any claims for damages arising out of the Town's failure to fulfill its plan review and inspection responsibilities under this agreement. 5. The Town shall require developers of Town roads inspected by the Town pursuant to this agreement to provide financial guarantees acceptable to the Town, designating the Town as beneficiary in an amount sufficient to cover construction of the Town roads and maintenance guarantees thereon for a period of one year after acceptance by the Town. 6. The County shall retain the authority, in consultation with the Town, to determine what type of intersection design is warranted where Town roads intersect with County roads. 7. Any Town road construction activity that will be conducted in County highway right - of -way area remains subject to any required regulation or permit requirements of the County and its Highway Department. 8. The County retains its authority under this agreement to review and approve any Town road design that may affect the County highway system, including but not limited to crossing or encroaching on County highway rights -of -way and drainage from new or reconstructed Town roads into or affecting County highway right -of -way areas. This will ordinarily occur during County plat review. 9. Because the Town will henceforth provide all road construction inspection services for Town roads within its jurisdiction and hold all letters of credit and financial guarantees for new Town road construction, the County agrees to waive all County road construction inspection fees and County - required financial guarantees associated with the construction of new Town roads and that would otherwise be charged and /or held by the County. 10. Except as provided in this Agreement regarding road construction inspection services during construction, the County retains full authority to review Town certified survey maps and subdivision plats and associated road design for consistency with County ordinances. 11. The Town may terminate this Agreement and return to County plan review for Town roads and construction- related inspection of Town roads being constructed or upgraded as part of an approved subdivision or certified survey map by giving 30 days notice of intent to do so to the 2 County Zoning Office and the County Highway Department. County plan review and construction inspection of Town roads will then commence with respect to new subdivisions and certified survey maps which have begun the approval process at or after that time. 12. This Agreement shall become effective upon signature by all parties and shall be effective with reference to certified survey maps and to subdivision plats where preliminary plat or CSM approval application is filed with the County and Town after the date this Agreement is fully executed. Attest: C ...ue>t (I L Joat6 e-L03/95 Cindy Campbell 3 , g - o3 Clarence W. Malick St. Croix County Clerk St. Croix County Board Chairman Attest: 6/3:defu,aw.,/' Ago Mafet Des Lauriers 'ohn J. fuemmele g � Troy Town Clerk Troy '• wn Chairman 3